TexasCHLforum.com

Texas Vet:

Looks like overzealous law enforcement and prosecuters in Wylie certainly thought that personal sized canisters not on key rings are a quote unquote "No-no" and as such they'd think that every mail carrier is a felon breaking the prohibited weapon statuse. See link in posts above.

Which leads me to think that we need legislation to make it abundantly clear what is and is not a chemical dispenser. We simply can not have everyday people being accused of felonies for trying to protect themselves from aggressive dogs or having a less lethal form of defense.

A few legislative solutions could include

- Ideally I'd like that section of prohibited weapons removed that references chemical dispenser
- exclude all pepper sprays from the definition of chemical dispenser
- or I'd like the definition to specify that any EPA registered spray is okay (dog repellent and bear repellent pepper sprays that the EPA has approved) and also specify that any personal defense spray under say 4 oz is okay (this is the FAAs rule for what you can put in checked baggage.

I think cases like this are exactly why we need legislation so that all pepper spray is legal for carry. There is no reason for legitimate honest people to get ensnared in legal system for merely trying to a) have a less lethal form of self-defense and b) have protection from aggressive animals while enjoying the outdoors.

Does anyone no of any attempts to legislatively correct this injustice in the next legislative session. I don't even know what lobbying group to go through. I am an endowment lifetime member of the NRA but I don't even know if they would do anything about a poorly worded state pepper spray statute.

Is TSRA looking at this or is there an equivalent organization for less lethal rights that is effective?

I think that the Texas laws on pepper spray are terribly defined. I like the asp key defender but would like to have something with a little more range than 5 feet for my jogs to defend myself from dogs. I want to make sure I don't run a foul of

Sec. 46.05. PROHIBITED WEAPONS. (a) A person commits an offense if the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:
(7) a chemical dispensing device;

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.

I think that the 1.8 oz sabre cans (stream and gel) for joggers should be fine as they are sold on amazon and academy (commercial) for personal protection. I certainly think they are small as they fit in a pocket or in the palm of my hand. The marketing materials certainly look like they are for personal protection.

I'd sure hate to end up like this guy from Wylie who was eventually no billed at considerable personal legal expense. http://www.wfaa.com/story/local/2014/08/30/13457508/" onclick="window.open(this.href);return false;

The case law doesn't specifically address size either http://law.justia.com/cases/texas/fourt ... 78353.html" onclick="window.open(this.href);return false;

What do those of you on this board think is kosher using the key words of "small", "sold commercially" and "for personal protection" means? Do you think a 1.8 oz can is okay? Do you think a 3/4 oz can is okay? Do you think a 1/2 oz key chain is okay? Do you think an asp key defender with 4 grams of spray is okay? Who is to say which of these are "small", "sold commercially" and for "personal protection"

Is anyone trying to get this changed in the next legislative session? What can be done to try to get this vague portion of 46.05 off the books so no one else ends up like the guy from Wylie?