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Posted: 4/9/2007 8:33:24 PM EDT
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Is it legal for an individual to possess a CS grenade? I didn't have any luck searching ATF's web site. It was all articles about them using tear gas on raids. Thanks |
| I too have wondered the availability and legality of CS Grenades. I know you can get reg. smoke grenades from here |
Have you bought any smoke from them? |
| This place sells them allot cheaper then $150.00 each https://www.hayesresearch.com/ They seem to sell out of the cs cans pretty fast. |
Techinically, under Texas law, a CS Grenade is a "Chemical Dispensing Device" under PC 46.01 and is a Prohibited Weapon under PC 46.05, in the same vein as an unregistered MG. While I have never seen any enforcement for that, one could quite possibly be charged in Texas under state law for possessing or selling such a device. The statute makes a specific exception for small personal defense chemical sprays and for commissioned security officers, military and law enforcement, but is vague enough that anything or anyone outside of that narrow band would technically fit the statute and could be convicted of a Third Degree Felony. Appropriate cites below. tlo2.tlc.state.tx.us/statutes/docs/PE/content/htm/pe.010.00.000046.00.htm#46.01.00 § 46.01. DEFINITIONS... (14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being. § 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (1) an explosive weapon; (2) a machine gun; (3) a short-barrel firearm; (4) a firearm silencer; (5) a switchblade knife; (6) knuckles; (7) armor-piercing ammunition; (8) a chemical dispensing device; or (9) a zip gun. (b) It is a defense to prosecution under this section that the actor's conduct was incidental to the performance of official duty by the armed forces or national guard, a governmental law enforcement agency, or a correctional facility. (c) It is a defense to prosecution under this section that the actor's possession was pursuant to registration pursuant to the National Firearms Act, as amended. (d) It is an affirmative defense to prosecution under this section that the actor's conduct: (1) was incidental to dealing with a switchblade knife, springblade knife, or short-barrel firearm solely as an antique or curio; or (2) was incidental to dealing with armor-piercing ammunition solely for the purpose of making the ammunition available to an organization, agency, or institution listed in Subsection (b). (e) An offense under this section is a felony of the third degree unless it is committed under Subsection (a)(5) or (a)(6), in which event, it is a Class A misdemeanor. (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is: (1) provided by the Commission on Law Enforcement Officer Standards and Education; or (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety. (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code. |
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