I was just referring to 46.05.7 & 46.01.14, which together prevent us from carrying anything other than a "small chemical dispenser". You could also refer to it as a "small container".EEllis wrote:There is no small container restriction.
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.
Yep, that's the problem we are already in agreement about.EEllis wrote:The only issue is that small can mean different things to different people.
Maybe so, but no one should have to be worried about forking over hundreds or thousands of dollars in legal fees when they are carefully following the law just because they drive through Wylie, TX. The law should be written in such a way that it is difficult for an LEO to misinterpret, much less for such a situation like this to ever make it to a prosecutor.EEllis wrote:A prosecutor would have an almost impossible time convicting someone for carrying something of that size.
Yes, clarifying the existing limitation is one way to handle it. But there are two ways to address these types of grey areas in the law:EEllis wrote: ... 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.
1) clarify the restriction
2) remove the restriction
In the spirit of adjusting our laws to be more in line with Constitutional principles:
More clearly defining the size of a "small chemical dispenser" is fine, but removing the size adjective is better. And removing any inclusion of legitimate self defense tools (arms) in that restriction is best. The same goes for knives. And municipalities should be explicitly forbidden from attempting to override constitutionally protected rights as well (San Antonio, I'm looking at you...)
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.