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  • popsgarland

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    What the definition in the penal code is concerning “chemical dispensing devices”
    (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.

    No where does it say squat about being marked “law enforcement only”

    Sounds like your LTC instructor might not be very well informed.

    Your right, to a point.

    Texas Penal Code 46.01 (14). The law says "a SMALL chemical dispenser, which is carried on a key chain (under 4 oz and NOT marked law enforcement or police-strength pepper spray."

    Now, you can have law enforcement grade and military grade pepper spray-gel.

    Maybe you need to read the entire law and not just a small portion of it.
     

    Dougw1515

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    Good'ern crap! Now if I can just find a launcher that will mount on my bass boat I'll be good to go!!!!

    1608558629791.png
     

    sergeant69

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    An idiot who lived past more than any man should have, once told me, "dont fight a weldor if he's within reach of his truck.
    He knows where every wrench, hammer, chain, boomer, screwdriver, chisel..................... is on that rig and will grab one and waylay your ass before you know he reached for it."

    These "laws" are bullshit.

    then just don't attack a weldor (welder)
     

    Wiliamr

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    Your right, to a point.

    Texas Penal Code 46.01 (14). The law says "a SMALL chemical dispenser, which is carried on a key chain (under 4 oz and NOT marked law enforcement or police-strength pepper spray."

    Now, you can have law enforcement grade and military grade pepper spray-gel.

    Maybe you need to read the entire law and not just a small portion of it.
    By reading the whole statue we find:

    CHAPTER 46. WEAPONS

    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 the person intentionally or knowingly possesses, manufactures, transports, repairs, or sells:

    (1) any of the following items, unless the item is registered in the National Firearms Registration and Transfer Record maintained by the Bureau of Alcohol, Tobacco, Firearms and Explosives or otherwise not subject to that registration requirement or unless the item is classified as a curio or relic by the United States Department of Justice:

    (A) an explosive weapon;

    (B) a machine gun; or

    (C) a short-barrel firearm;

    (2) armor-piercing ammunition;

    (3) a chemical dispensing device;



    (f) It is a defense to prosecution under this section for the possession of a chemical dispensing device that the actor is a security officer and has received training on the use of the chemical dispensing device by a training program that is:

    (1) provided by the Texas Commission on Law Enforcement; or

    (2) approved for the purposes described by this subsection by the Texas Private Security Board of the Department of Public Safety.

    (g) In Subsection (f), "security officer" means a commissioned security officer as defined by Section 1702.002, Occupations Code, or a noncommissioned security officer registered under Section 1702.221, Occupations Code.


    1608559722858.png
     

    Axxe55

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    Sad fact is, there are a lot of instructors and trainers teaching, or telling bad, or inaccurate information. Fact is, many of them don't even know the laws, or just make up something that sounds good. Many of them are playing the odds that hardly anyone they are teaching or instructing will ever be in a situation of needing to use a gun, much less deadly force.

    And here's the kicker. Even IF you were in a deadly force situation, you can't say, or use the excuse, "Well my instructor said that was legal." as an excuse. It's YOUR responsibility and place to know the statutes and laws of what you can, or can't do legally. Not your trainer or instructor.
     

    cycleguy2300

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    Your right, to a point.

    Texas Penal Code 46.01 (14). The law says "a SMALL chemical dispenser, which is carried on a key chain (under 4 oz and NOT marked law enforcement or police-strength pepper spray."

    Now, you can have law enforcement grade and military grade pepper spray-gel.

    Maybe you need to read the entire law and not just a small portion of it.

    Care to quote where "small" is defined?
    Or where the allowed "strength" is described?

    The penal code doesn't contain either. I buy the EXACT same size and strength (sometimes even stronger) OC spray I carry on duty for my wife and extended family.

    Why people want so badly to invent restrictions and make things more complicated than they are is beyond me.

    The only thing in PC is "small for personal use" i.e. not the crowd control fire extinguisher sized sprays, unless you articulate to me, through my carefully composed and leading questions, that you the OC wasn't "big" and you wanted it for personal protection from crowds, I mean there has been some riots lately...

    Sent from your mom's house using Tapatalk
     

    General Zod

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    As if MS-13 did not have enough weapons to walk around with...

    Yes, because murderous Mexican criminal gangs are always careful to follow the strict letter of the law when arming up to distribute narcotics, commit rape, and murder people. Good thing most of 'em aren't US citizens - otherwise they might get concealed carry permits! Thank God they can't pass the background check, right?
     

    popsgarland

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    Care to quote where "small" is defined?
    Or where the allowed "strength" is described?

    The penal code doesn't contain either. I buy the EXACT same size and strength (sometimes even stronger) OC spray I carry on duty for my wife and extended family.

    Why people want so badly to invent restrictions and make things more complicated than they are is beyond me.

    The only thing in PC is "small for personal use" i.e. not the crowd control fire extinguisher sized sprays, unless you articulate to me, through my carefully composed and leading questions, that you the OC wasn't "big" and you wanted it for personal protection from crowds, I mean there has been some riots lately...

    Sent from your mom's house using Tapatalk

    This is word for word of the below Penal code you requested.

    Texas Penal Code Section 46.01 9140 deems it legal for an individual to possess a small, commercially-sold container of pepper spray for personal self-defense. This is generally interpreted to mean that a person is allowed to carry one of the small, "key-chain" type of pepper sprays which are marketed and sold for self-defense purposes.

    Texas law defines any chemical dispensing device, which is not small, or commercially-made for personal defense purposes, as a restricted weapon.

    Here again, you need to read ALL of the law, not just a small part of it.
     

    busykngt

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    Here is my 'less lethal' option meet & greet choice kept next to the front door.
    d0371b6d831e5c7e955e0dd8215098fa.jpg

    The Sabre Red is a typical "key chain" size container bought primarily for my wife's walks around the neighborhood (two leg & four legged varmints). The Mugger Fogger is more of a 'bear spray' sized container with a greater throw.
     
    Last edited:

    Hoji

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    May 28, 2008
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    Your right, to a point.

    Texas Penal Code 46.01 (14). The law says "a SMALL chemical dispenser, which is carried on a key chain (under 4 oz and NOT marked law enforcement or police-strength pepper spray."

    Now, you can have law enforcement grade and military grade pepper spray-gel.

    Maybe you need to read the entire law and not just a small portion of it.
    Well, here is 46.01 (14) in its entirety.
    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.


    Please highlight for us the section where it gives a weight or says anything about marked “for LE.

    You are wrong, your LTC instructor was at a minimum wrong, and you just keep digging in with your wrong headedness.

    Edit to add;
    You have had one police officer explain it to you and one State licensed OC Instructor explain it to you, yet you still fall back on gun shop commando hearsay on your position. Just stop it.
     

    popsgarland

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    Well, here is 46.01 (14) in its entirety.
    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.


    Please highlight for us the section where it gives a weight or says anything about marked “for LE.

    You are wrong, your LTC instructor was at a minimum wrong, and you just keep digging in with your wrong headedness.

    Edit to add;
    You have had one police officer explain it to you and one State licensed OC Instructor explain it to you, yet you still fall back on gun shop commando hearsay on your position. Just stop it.


    Did you not read my above comments. I use capital letters for SMALL and I guess I should have use them for NOT MARKED LAW ENFORCEMENT OR POLICE-STRENGTH PEPPER SPRAY.


    Oh..and you DID NOT quote 46.01 (14) in its entirety.
     
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