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by EEllis
Sun Sep 07, 2014 10:39 pm
Forum: General Texas CHL Discussion
Topic: Small Chemical Dispenser? Thoughts
Replies: 17
Views: 3374

Re: Small Chemical Dispenser? Thoughts

tyree wrote: In short:
Since the 2nd amendment protects our God given individual right to bear arms, specifically mentions that lawmakers are not permitted to restrict that right, and by using the word "Arms" points out that this right is not restricted to revolvers, semi-auto handguns & rifles (i.e. Knives and pepper spray are included in that right) i favor trending our laws toward removing restrictions on firearms, knives, and pepper spray. Clarifying the law is fine, but i favor attempting removing restrictions whenever/wherever possible.
not worth it
by EEllis
Sun Sep 07, 2014 2:09 pm
Forum: General Texas CHL Discussion
Topic: Small Chemical Dispenser? Thoughts
Replies: 17
Views: 3374

Re: Small Chemical Dispenser? Thoughts

tyree wrote:Knife law preemption is a higher priority for me, but I'd really like to see the small container restriction removed in the next session.
There is no small container restriction. The only issue is that small can mean different things to different people. In reality sprays in sizes up to about 3 oz are for sale everywhere and are easily obtainable for self defense. A prosecutor would have an almost impossible time convicting someone for carrying something of that size. Realize that carrying something not meant for human deference, chatting about it online, then being arrested and prosecuted may be much easier than getting a conviction for a normal pepper spray. Some other sprays that are advocated as self defense tools may not be as effective in initially stopping someone but have a greater chance of longer term health risks, or not IDK which is the point. The biggest issue with someone looking to charge you for spray would have to be if and how you use it. If you use it and the authorities don't think it was appropriate then a illegal device charge might be added on to an assault charge. Can someone be charged with crime for having a 1 oz container on them? Sure but you could also be charged with an illegal knife for having a 3 inch folder. There just has to be a limit on what is reasonable to worry about.

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