Tear Gas / Pepper Spray

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Tear Gas / Pepper Spray

Generally pepper spray and tear gas are classified together. Only aerosol sprays are permitted, and at most 2.5 fluid ounces of spray are permitted in one container. The law is silent on how many containers one may carry.

16 and over may buy, possess, and use tear gas weapons in a non-criminal manner. No training is required by law.


Penal Code 17240

(a) As used in this part, “tear gas” applies to and includes any liquid,
gaseous or solid substance intended to produce temporary physical
discomfort or permanent injury through being vaporized or otherwise
dispersed in the air.

(b) Notwithstanding subdivision (a), “tear gas” does not apply to, and
does not include, any substance registered as an economic poison as
provided in Chapter 2 (commencing with Section 12751) of Division 7 of
the Food and Agricultural Code, provided that the substance is not
intended to be used to produce discomfort or injury to human beings.

'Tear Gas' therefore includes both CS gas, the usual component of tear gas, and capsaicin (pepper) irritants.

Penal Code

Non-acceptable devices