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1/23/2007 10:04:53 AM EDT
Anyone aware of any legal issues with O.C. in the tri-state area?

I heard rumor that NJ has a 1 oz. limit, any truth?

Any restrictions on concentrations, etc?

Any special NYC issues?

thanks,

fish
1/23/2007 1:04:29 PM EDT
[#1]
Keep in mind that O.C. doesn't always work!!!

1981
1/23/2007 1:51:31 PM EDT
[#2]

Quoted:
Anyone aware of any legal issues with O.C. in the tri-state area?

I heard rumor that NJ has a 1 oz. limit, any truth?

Any restrictions on concentrations, etc?

Any special NYC issues?

thanks,

fish


Yes, NJ has a limit of 1 oz (IIRC), unfortunately.  Some may argue that 1 oz may be plenty, but you never know.  1 oz isn't exactly the most common OC canister size, though.  I see plenty more .5 oz, 1.5 oz, 1.75 oz, and up than I do 1 oz.
1/23/2007 2:30:18 PM EDT
[#3]
Issues?  Like O.C. being ineffective and possibly pissing off your angel dusted assailant enough to have him kill you (or having OC hit you and incapacitating you)?

New York law:


 14. Possession in accordance with the provisions of this paragraph of a self- defense spray device as defined herein for the protection of a person or property and use of such self-defense spray device under circumstances which would justify the use of physical force pursuant to article thirty-five of this chapter.

  (a) As used in this section "self-defense spray device" shall mean a pocket sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing tear gas, pepper or similar disabling agent.

  (b) The exemption under this paragraph shall not apply to a person who:

   (i) is less than eighteen years of age;  or

   (ii) has been previously convicted in this state of a felony or any assault;  or

   (iii) has been convicted of a crime outside the state of New York which if committed in New York would constitute a felony or any assault crime.

  (c) The department of health, with the cooperation of the division of criminal justice services and the superintendent of state police, shall develop standards and promulgate regulations regarding the type of self-defense spray device which may lawfully be purchased, possessed and used pursuant to this paragraph.  The regulations shall include a requirement that every self-defense spray device which may be lawfully purchased, possessed or used pursuant to this paragraph have a label which states:  "WARNING:  The use of this substance or device for any purpose other than self-defense is a criminal offense under the law.  The contents are dangerous - use with care.  This device shall not be sold by anyone other than a licensed or authorized dealer.  Possession of this device by any person under the age of eighteen or by anyone who has been convicted of a felony or assault is illegal.  Violators may be prosecuted under the law."


Relevant rules:



54.2 Definitions.

(a) Camouflaged means designed to have the appearance of an object other than a self-defense spray device.

(b) Net weight means the weight of the contents of a self- defense spray device.

(c) Oleoresin capsicum means the oleoresin extracted from fruits of plants of the genus Capsicum. The oleoresin contains the active ingredient capsaicin and related compounds classified as capsaicinoids.

(d) Safety device means a self-defense spray device feature that is designed to prevent unintentional discharges.

(e) Self-defense spray device means a pocket-sized spray device which contains and releases a chemical or organic substance which is intended to produce temporary physical discomfort or disability through being vaporized or otherwise dispensed in the air or any like device containing tear gas, pepper or similar disabling agent.

54.3 Requirements. Every self-defense spray device which is purchased, possessed or used in New York State shall satisfy all of the following requirements:

(a) Every self-defense spray device shall contain oleoresin capsicum, and no other substance, as the active ingredient.

(b) The contents of every self-defense spray device shall not contain more than 0.7% by weight total capsaicinoids.

(c) The net weight of every self-defense spray device shall not exceed 0.75 ounces.

(d) Every self-defense spray device shall have a safety device.

(e) Every self-defense spray device shall be sold in a sealed, tamper-proof package.

(f) Every self-defense spray device shall not be camouflaged.

(g) Every self-defense spray device shall be accompanied by an insert or inserts which include directions for use, first aid information, safety and storage information and which shall also contain a toll free telephone number for the purpose of allowing any purchaser to call and receive additional information regarding the availability of local courses in self-defense training and safety in the use of a self-defense spray device.

(h) Every self-defense spray device shall bear the following label: "Warning: The use of this substance or device for any purpose other than self-defense is a criminal offense under the law. The contents are dangerous - use with care. This device shall not be sold by anyone other than a licensed or authorized dealer. Possession of this device by a person under the age of eighteen or by anyone who has been convicted of a felony or assault is illegal. Violators may be prosecuted under the law." This label shall appear on the self-defense spray device if the self-defense spray device does not bear the labels required by the California Penal Code pursuant to Section 12403.7(a)(5)(B) and by the United States Consumer Product Safety Commission pursuant to 16 Code of Federal Regulations Section 1500. This label shall appear on self-defense spray device packaging materials or the self-defense spray device if the self-defense spray device bears the labels required by California Penal Code pursuant to Section 12403.7(a)(5)(B) and by the United States Consumer Product Safety Commission pursuant to 16 Code of Federal Regulations Section 1500.
1/23/2007 2:31:01 PM EDT
[#4]
Meaning 3/4 ounce and 0.7% strength is your limit.  Not a very effective tool.
1/23/2007 3:01:40 PM EDT
[#5]
Bilateral resection of the carotid arteries has been shown to be more effective then OC in a majority of cases. Geez,  what kind of surgeon are you?
1/23/2007 4:49:55 PM EDT
[#6]

I heard rumor that NJ has a 1 oz. limit, any truth?

Like most rumors, incorrect...

NJS 2C:39-6i specifies no more than .75oz :


Nothing in N.J.S.2C:39-5 shall be construed
to prevent any person who is 18 years of age or
older and who has not been convicted of a felony,
from possession for the purpose of personal
self-defense of one pocket-sized device which
contains and releases not more than three-quarters
of an ounce of chemical substance not ordinarily
capable of lethal use or of inflicting serious
bodily injury, but rather, is intended to produce
temporary physical discomfort or disability
through being vaporized or otherwise dispensed
in the air. Any person in possession of any device
in violation of this subsection shall be
deemed and adjudged to be a disorderly person,
and upon conviction thereof, shall be punished
by a fine of not less than $100.00.
1/23/2007 5:16:13 PM EDT
[#7]
Thanks for the info guys.  I appreciate the detailed regs.  

With respect to the carotids, I hope to be beyond scalpel distance, although I do a pretty good job with a #15 blade when needed.  

I do understand the limitations of O.C., especially against a hopped up tweakers and dusters, however, I am always looking to add options, especially in and around the car.  My wife comes home late sometimes from school, and it may be something viable for her.

The Fox sprays come in 11gm canisters, which meets the quantity limitation, but they are 2% formulations.  I'll check some other makers.

thanks again.

fish
1/23/2007 5:33:15 PM EDT
[#8]
Self Defenses Inc. Force Spray:

www.selfdefenses.com/forcespray/newyork.html
1/23/2007 6:19:40 PM EDT
[#9]

Quoted:

I heard rumor that NJ has a 1 oz. limit, any truth?

Like most rumors, incorrect...

NJS 2C:39-6i specifies no more than .75oz :


Nothing in N.J.S.2C:39-5 shall be construed
to prevent any person who is 18 years of age or
older and who has not been convicted of a felony,
from possession for the purpose of personal
self-defense of one pocket-sized device which
contains and releases not more than three-quarters
of an ounce of chemical substance not ordinarily
capable of lethal use or of inflicting serious
bodily injury, but rather, is intended to produce
temporary physical discomfort or disability
through being vaporized or otherwise dispensed
in the air. Any person in possession of any device
in violation of this subsection shall be
deemed and adjudged to be a disorderly person,
and upon conviction thereof, shall be punished
by a fine of not less than $100.00.



There ya go.  I actually edited my post to say "IIRC" because I couldn't remember if the limit was 1 or 3/4 of an ounce.  Good call.  
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