Pepper Spray: Felon In Possession Of Tear Gas

As an Orange
County criminal defense lawyer, I often come across instances where people
use pepper spray as both an offensive and defensive weapon. It is used both by
criminals, such as in the perpetration of a Domestic Violence,
burglary or assault and battery. It is also used by victims of would-be
attackers to ward off an attempted or completed assault and battery. Pepper
spray is an aerosol spray containing oils derived from cayenne pepper. It is an
extreme irritant to eyes and respiratory passages and can completely disable a
person. This non-lethal spray has become a favorite self-defense tool for the
general public in California. Although pepper spray is readily available in
stores throughout the state, not everyone can lawfully possess pepper spray.






While Orange
County criminal defense attorneys know that pepper spray is an excellent
non-lethal self-defense weapon, the California Penal Code makes it a crime for
a person who has been convicted of any felony or assault crime from to buy or
possess tear gas. Penal Code Section 22810 specifically says

“no person convicted of a felony
or any crime involving assault under the laws of the United States, the state
of California, or any other state, government or country, or convicted of
misuse of tear gas under subdivision (g), shall purchase, possess or use tear
gas or any tear gas weapon.”

 Section 17240 of the California Penal Code defines tear gas
as “any liquid, gaseous or solid substance intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise dispersed in
the air.” Thus, a felon carrying pepper spray will be charged with felon in
possession of tear gas.

Another group of people who are forbidden from carrying
pepper spray are minors. Section 22810 is minors. The section reads “No minor
shall purchase, possess, or use tear gas or any tear gas weapon.” However,
minors 16-years old and older may carry and purchase pepper spray with a parent’s
permission. Also prohibited from carrying tear gas is any person addicted to a
narcotic drug. This section doesn’t prohibit persons convicted of a drug crime,
such as drug
sales, drug possession, or manufacturing
drugs from having pepper spray but only those who are currently addicted to
a narcotic drug.

If you have been charged with a crime in Orange County, call
The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential
consultation with an experienced criminal
defense lawyer in Orange County. You can also visit us at www.ejesquire.com. We have offices in Costa
Mesa and at 32072 Camino Capistrano, 2^nd floor, San Juan Capistrano,
CA 92675.