The last edition of our online journal discussed carrying intermediate self defense options in addition to a gun or when not carrying a gun. State laws can impose restrictions on possession or use of pepper spray, TASER®s, force multipliers like Kubotans and even hand-to-hand defensive tactics, but those laws vary from state to state.
With many Network members already carrying pepper spray and other non-gun defense options, we asked our Affiliated Attorneys to discuss laws affecting private citizens employing alternative defense options in their locales. We asked –
Do the laws in your state restrict carrying non-gun self-defense devices like pepper spray, TASER®s or Kubotans?
What laws affect the private citizen who stops an attacker by using a TASER®, pepper spray or Kubotan?
What violations might a member be charged with if authorities don’t believe the intermediate weapon was used lawfully?
E. Thomas Dunn, Jr.
Attorney at Law
Pacific Office Plaza, Tustin
1432 Edinger Avenue, Suite 240, Tustin, CA 92780-6293
714-258-8829
Five weapons that can legally be used for self defense in California:
- Pepper spray,
- Stun guns/TASER®s,
- Certain knives (pocket knives, non-switchblade folding knives, Swiss army knives, box cutters, and other utility knives);
- Personal alarms, and
- Certain licensed/approved guns (such as handguns or shotguns).
Some self-defense weapons that are illegal under California law include:
- Weapons that are prohibited under California Penal Code §16590 (e.g., leaded canes or blackjacks, brass knuckles, and certain martial arts weapons);
- Concealed dirks and daggers, illegal under Penal Code §21310; and
- Assault weapons (e.g., short-barreled shotguns, zip guns, and undetectable firearms), illegal pursuant to Penal Code §30605.
As regards California law on the topic of your inquiry, here’s a website (maintained by the Pepper Spray Store) which appears to state California’s requirements for the use of pepper spray correctly.
As regards TASER®s, most California residents have the legal right to buy, own, carry, and use a stun gun for self defense without obtaining a permit. However, there are state laws that prohibit the following individuals from carrying/using a TASER®:
- Individuals previously convicted of a felony;
- Those with a prior conviction of assault or misuse of a stun gun;
- Individuals addicted to narcotics;
- Minors under the age of 16 or, if over 16, minors who do not have a parent’s written consent.
A violation of the law by any of these restricted individuals constitutes a misdemeanor (local jail time and/or fines).
As regards Kubotans, no law exists in California making a Kubotan or yawara illegal. However, as with any other object, if one is used as a dangerous weapon for a reason other than self defense, the user could be culpable for an assault with a deadly weapon [Pen. Code, §245, subd. (a)].
Finally, here is a website that contains a useful summary of items that can be carried and used for self-defense in California. I hope this information is useful to you.
Brian Craig
Law Office of Brian Craig, PLLC
95 West 100 South, Suite 106, Logan, UT 84321
435-760-3101
https://briancraiglaw.com
As a general rule, Utah does not restrict a person from carrying a non-lethal weapon or device for self defense, such as pepper spray, a TASER®, or Kubotan. But in some circumstances, a person may face criminal prosecution for improper use of a “dangerous weapon.” The facts and circumstances of each case vary.
Pepper spray or another non-lethal defense device could be considered a “dangerous weapon” under Utah law. According to Utah Code § 76-10-501(6)(a)(ii), a “dangerous weapon” may be anything that can cause death or “serious bodily injury” when used in the manner for which it is intended. Pepper spray can cause serious bodily injury, such as shortness of breath. Pepper spray can also cause rashes, blisters, or burns on contact with the skin. Therefore, pepper spray or a similar device may qualify as a “dangerous weapon” under a variety of Utah statutes.
Utah Code § 76-10-509 prohibits possession of a “dangerous weapon” by a minor under age 18. Any parent or guardian who knows that a minor is in possession of a dangerous weapon is guilty of a class B misdemeanor, subject to a maximum penalty of six months in jail and a $1,000 fine.
Under Utah Code § 76-10-506, a person may be convicted of using a “dangerous weapon” in a threatening manner or a fight or quarrel. The maximum penalty for using a “dangerous weapon” under Utah Code § 76-10-506 is a class A misdemeanor, subject to a maximum penalty of 364 days in jail and a $2,500 fine. For example, a person who uses Mace® or pepper spray in a fight could face prosecution. A person could assert self defense if the dangerous weapon was used reasonably under the circumstances.
Under Utah Code § 76-10-528, a person can also be convicted for carrying a “dangerous weapon” while under the influence of alcohol or drugs. The maximum penalty under Utah Code § 76-10-528 is a class B misdemeanor, subject to a maximum penalty of six months in jail and a $1,000 fine. For example, a person who gets arrested for driving while intoxicated who has pepper spray on a key chain can also be convicted under Utah Code § 76-10-528 for carrying a “dangerous weapon” while under influence of alcohol or drugs.
Additionally, carrying a “dangerous weapon” in an airport is prohibited under Utah law. Utah Code § 6-10-529 prohibits a person from carrying a “dangerous weapon” in an airport secure area. If the person knowingly or intentionally possesses any dangerous weapon or firearm in an airport secure area, the person can be convicted of a class A misdemeanor, subject to a maximum penalty of 364 days in jail and a $2,500 fine. If the person only possesses the “dangerous weapon” in an airport recklessly or with criminal negligence, then the maximum penalty is an infraction punishable by a fine up to $750.
Furthermore, a restricted person may be prohibited from carrying a “dangerous weapon,” such as pepper spray. A restricted person is a person who has been convicted of certain offenses or is on probation or parole. Utah Code § 76–10–503 criminalizes possession of a “dangerous weapon” by a restricted person.
In Salt Lake City v. Miles, 2014 UT 47, ¶ 21, 342 P.3d 212, 219 (Utah 2014), the Utah Supreme Court held that the evidence was insufficient to support finding that the defendant’s folding pocketknife was a “dangerous weapon,” as required to support conviction for possession of a dangerous weapon by a restricted person. The pocket knife, which had a blade approximately three-and-a-half inches long and a thumb stud allowing the user to open knife with one hand, did not bear character of a dangerous weapon as evidenced by any inherent and uniquely weapon-like trait, pocket knife was not used and did not produce any wounds, and pocket knife had other lawful uses, such as for camping. Id. But a restricted person should take caution in carrying pepper spray or other non-lethal self-defense devices. The terms of probation in each case may vary. Along with a possible conviction under Utah Code § 76-10-503, carrying a dangerous weapon could lead to a probation revocation hearing. The court could impose the original sentence for a probation violation. For example, a person who is on probation for assault could have the suspended sentence reinstated upon a finding that the individual violated the terms of probation by carrying a dangerous weapon. A person who is on probation should always check with the probation officer before carrying anything that could be considered a dangerous weapon.
While Utah does not generally prohibit a person from carrying a non-lethal device, some circumstances may lead to arrest, prosecution, and conviction. Individuals who possess any “dangerous weapon,” such as pepper spray or a TASER®, should do so with caution.
Michael T. Burns
Attorney at Law
9850 Von Allmen Ct, Ste. 201, Louisville KY 40241
502-400-1810
https://www.mikeburnslaw.com
Do the laws in your state restrict carrying non-gun self-defense devices like pepper spray, TASER®s or Kubotans?
Kentucky self-defense laws are codified in Kentucky Revised Statutes (KRS) Chapter 502. The use of force in self-protection statutes differentiate between when the use of physical force and when the use of deadly physical force is allowed but do not specify the types of weapons used. Pepper spray, TASER®s and Kubotans are not prohibited by Kentucky law. The only outright prohibition is against weapons of mass destruction.
What laws affect the private citizen who stops an attacker by using a TASER®, pepper spray or Kubotan?
KRS 503.050 provides justification for a person’s use of physical force in self protection and KRS 502.070 authorizes the use of force in protection of others. These laws apply to any type of weapon used.
What violations might a member be charged with if authorities don’t believe the intermediate weapon was used lawfully?
The most likely violations for the unlawful use of an intermediate weapon would be an assault 4th degree, a class A misdemeanor, unless a serious injury resulted from the encounter. If a serious injury resulted, it would likely be an assault 2nd degree, a class C felony.
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Thank you, affiliated attorneys, for sharing your experience and knowledge. Members, please return next month for more interesting commentary from our affiliated attorneys on this topic.
To read more of this month's journal, please click here.