Thus spake Y.P.W. :
>> > I am wondering where the mention of the 2.5 oz. limitation
> comes from - my bear spray cannisters are something like 10 oz.
> plus, and shoot 30 feet or so. The ones that REI sells.
I found some mention here from a seller of self-defense OC pepper spray:
http://www.peacemakerpepperspray.com/page/894784CALIFORNIA - It is illegal to purchase, possess, or use any pepper spray that contains more than 2.5 ounces net weight of aerosol spray
If this is true, it sounds like bear spray gets around it with clear labeling that it is not for use against humans. However - I don't see any legal consequences from someone using bear spray against a human attacker. The laws are really hard to follow. I looked up the California code (OC pepper spray is considered "tear gas"
:<<
So it would appear, and I think you are right, else REI could not sell the stuff - next:
>>Quote:
12401. "Tear gas" as used in this chapter shall apply to and
include all liquid, gaseous or solid substances intended to produce
temporary physical discomfort or permanent injury through being
vaporized or otherwise dispersed in the air, but does not apply to,
and shall not include, any substance registered as an economic poison
as provided in Chapter 2 (commencing with Section 12751) of Division
7 of the Agricultural Code provided that such substance is not
intended to be used to produce discomfort or injury to human beings.<<
This discussion may exclude bear pepper spray as "tear gas" if that material is registered as an economic poison and is not intended to produce human discomfort...I wil not look this up ;-) Then,
>>12403.7. Notwithstanding any other law, any person may purchase,
possess, or use tear gas and tear gas weapons for the projection or
release of tear gas if the tear gas and tear gas weapons are used
solely for self-defense purposes, subject to the following
requirements:
(e) (1) No person shall purchase, possess, or use any tear gas
weapon that expels a projectile, or that expels the tear gas by any
method other than an aerosol spray, or that contains more than 2.5
ounces net weight of aerosol spray.<<
This seems to make the use of 10-oz. bear pepper spray illegal if an attacking human is the offending party; but frankly, if a guy is coming at me with a knife, he can just eat that 10 ounces of pepper spray, and I'll deal with the legal ramifications later.
Bruce Jensen
Wilderness forever,
Bruce Jensen