Posted: 12/17/2008 9:57:55 AM EDT
| Is pepper spray legal in TX? Probably a dumb question, but considering sending someone a gift. |
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Is pepper spray legal in TX? Probably a dumb question, but considering sending someone a gift. As long as it is a "small chemical dispenser sold commercially for personal protection" Therein is the problem, who defines "small"?  Umm, your wife? 
You're right, "small" is not defined in that law. |
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only penal code I found in relation to pepper spray Texas Penal Code Section 46.01 46.01 gives a definition of a chemical dispensing device. 45.05 lists prohibited weapons, and a chemical dispensing device as a prohibited weapon. To know if your pepper spray (oc) is a chemical dispensing device you must look at the definition in 46.01. Sec. 46.01. DEFINITIONS. In this chapter:
(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. Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if he intentionally or knowingly possesses, manufactures, transports, repairs, or sells: (8) a chemical dispensing device |
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Is pepper spray legal in TX? Probably a dumb question, but considering sending someone a gift. As long as it is a "small chemical dispenser sold commercially for personal protection" Therein is the problem, who defines "small"? Umm, your wife?
You're right, "small" is not defined in that law. Hey now, play nice! My OC is the same size carried for duty by most LEO. That may or may not be "small" by the random person. rather than risk it, I just carry the .45 ACP version. 
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