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Hempstead, New York DWI/DUI Attorneys
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| Pepper Spray Laws and Restrictions |
Author: Kathryn Eaton | Posted: 06-09-2007 |
What is pepper spray? Pepper spray is a chemical compound that irritates the eyes which causes pain and temporary blindness to incapacitate an attacker. It is also used as a bear deterrent. The active ingredient in pepper spray is OC or oleoresin capsicum. The OC is derived from Cayenne peppers, some of the hottest peppers in the world. OC is a reddish-orange, oily liquid, insoluble in water. The OC agent is dispersed by the aerosol in a number of spray patterns depending on the model.
In 1928, two Americans, Ben Carson and Roger Staughton discovered CS. Hence, the use of the first initial of each of their last names. CS or 2-chlorobenzalmalononitrile is a non-lethal chemical substance used as a riot control agent known as tear gas.
Pepper spray is legal in all 50 states, however some cities and states have restrictions, regulated or are prohibited by law. Pepper sprays, by law, cannot be shipped by air. There are various sizes and formulations of pepper spray. Defensive sprays can only be purchased by persons 18 years of age and older.
In New York, you can only purchase pepper spray or other defensive sprays from licensed Firearms Dealers or licensed Pharmacists.
In the state of Massachusetts, residents can only purchase pepper spray or any other defensive sprays from licensed Firearms Dealers.
In Michigan, pepper spray is to be no stronger than 2%. CS is the only tear gas allowed and can be no larger than 35 grams per can. Combination sprays are prohibited.
In Wisconsin, only pepper is legal and OC no stronger than a 10% solution. The pepper spray can is not to be any larger than 60 grams and must have a safety feature. No tear gas, UV dye or combination sprays allowed.
Never use Pepper Spray unless you feel you are threatened or you need to protect someone else. Improper use of a defensive spray may result in criminal action. You could be sued or in some states fined up to $1000 or imprisoned up to 3 years.
These are the latest restrictions we have found on pepper spray restrictions during our research. It may not be completely accurate. We make no claim to legality or responsibility to changes that may have occurred or that are in the process of occurring. Please check with your local authorities or jurisdiction for restrictions and legality.
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