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Chapter 1. General Provisions of California Penal Code >> Division 11. >> Title 3. >> Part 6. >> Chapter 1.
Notwithstanding any other provision of law, any person may
purchase, possess, or use tear gas or any tear gas weapon for the
projection or release of tear gas if the tear gas or tear gas weapon
is used solely for self-defense purposes, subject to the following
requirements:
(a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country, or convicted of misuse of tear gas under subdivision (g), shall purchase, possess, or use tear gas or any tear gas weapon.
(b) No person addicted to any narcotic drug shall purchase, possess, or use tear gas or any tear gas weapon.
(c) No person shall sell or furnish any tear gas or tear gas weapon to a minor.
(d) No minor shall purchase, possess, or use tear gas or any tear gas weapon.
(e) (1) No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray.
(2) Every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that states: "WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous -- use with care."
(3) After January 1, 1984, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that discloses the date on which the useful life of the tear gas weapon expires.
(4) Every tear gas container and tear gas weapon that may be lawfully purchased pursuant to this section shall be accompanied at the time of purchase by printed instructions for use.
(f) Effective March 1, 1994, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall be accompanied by an insert including directions for use, first aid information, safety and storage information, and explanation of the legal ramifications of improper use of the tear gas container or tear gas product.
(g) (1) Except as provided in paragraph (2), any person who uses tear gas or any tear gas weapon except in self-defense is guilty of a public offense and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment.
(2) If the use is against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, engaged in the performance of official duties and the person committing the offense knows or reasonably should know that the victim is a peace officer, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or by a fine of one thousand dollars ($1,000), or by both the fine and imprisonment.
(a) No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country, or convicted of misuse of tear gas under subdivision (g), shall purchase, possess, or use tear gas or any tear gas weapon.
(b) No person addicted to any narcotic drug shall purchase, possess, or use tear gas or any tear gas weapon.
(c) No person shall sell or furnish any tear gas or tear gas weapon to a minor.
(d) No minor shall purchase, possess, or use tear gas or any tear gas weapon.
(e) (1) No person shall purchase, possess, or use any tear gas weapon that expels a projectile, or that expels the tear gas by any method other than an aerosol spray, or that contains more than 2.5 ounces net weight of aerosol spray.
(2) Every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that states: "WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. The contents are dangerous -- use with care."
(3) After January 1, 1984, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that discloses the date on which the useful life of the tear gas weapon expires.
(4) Every tear gas container and tear gas weapon that may be lawfully purchased pursuant to this section shall be accompanied at the time of purchase by printed instructions for use.
(f) Effective March 1, 1994, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall be accompanied by an insert including directions for use, first aid information, safety and storage information, and explanation of the legal ramifications of improper use of the tear gas container or tear gas product.
(g) (1) Except as provided in paragraph (2), any person who uses tear gas or any tear gas weapon except in self-defense is guilty of a public offense and is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months, or two or three years or in a county jail not to exceed one year or by a fine not to exceed one thousand dollars ($1,000), or by both the fine and imprisonment.
(2) If the use is against a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, engaged in the performance of official duties and the person committing the offense knows or reasonably should know that the victim is a peace officer, the offense is punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 16 months or two or three years or by a fine of one thousand dollars ($1,000), or by both the fine and imprisonment.
(a) Notwithstanding subdivision (d) of Section 22810, a
minor who has attained the age of 16 years may purchase and possess
tear gas or a tear gas weapon pursuant to this division if the minor
is accompanied by a parent or guardian, or has the written consent of
a parent or guardian.
(b) Notwithstanding subdivision (c) of Section 22810, a person may sell or furnish tear gas or a tear gas weapon to a minor who has attained the age of 16 years and who is accompanied by a parent or guardian, or who presents a statement of consent signed by the minor' s parent or guardian.
(c) Any civil liability of a minor arising out of the minor's use of tear gas or a tear gas weapon other than for self-defense is imposed upon the person, parent, or guardian who signed the statement of consent specified in subdivision (b). That person, parent, or guardian shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in the use of the tear gas or a tear gas weapon.
(b) Notwithstanding subdivision (c) of Section 22810, a person may sell or furnish tear gas or a tear gas weapon to a minor who has attained the age of 16 years and who is accompanied by a parent or guardian, or who presents a statement of consent signed by the minor' s parent or guardian.
(c) Any civil liability of a minor arising out of the minor's use of tear gas or a tear gas weapon other than for self-defense is imposed upon the person, parent, or guardian who signed the statement of consent specified in subdivision (b). That person, parent, or guardian shall be jointly and severally liable with the minor for any damages proximately resulting from the negligent or wrongful act or omission of the minor in the use of the tear gas or a tear gas weapon.
Nothing in this division prohibits any person who is a peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, from purchasing, possessing, transporting, or
using any tear gas or tear gas weapon if the person has
satisfactorily completed a course of instruction approved by the
Commission on Peace Officer Standards and Training in the use of tear
gas.
A custodial officer of a county may carry a tear gas weapon
pursuant to Section 22820 only while on duty. A custodial officer of
a county may carry a tear gas weapon while off duty only in
accordance with all other laws.
Nothing in this division prohibits any member of the
military or naval forces of this state or of the United States or any
federal law enforcement officer from purchasing, possessing, or
transporting any tear gas or tear gas weapon for official use in the
discharge of duties.
Notwithstanding any other provision of law, a person holding
a license as a private investigator pursuant to Chapter 11.3
(commencing with Section 7512) of Division 3 of the Business and
Professions Code, or as a private patrol operator pursuant to Chapter
11.5 (commencing with Section 7580) of Division 3 of the Business
and Professions Code, or a uniformed patrolperson employee of a
private patrol operator, may purchase, possess, or transport any tear
gas weapon, if it is used solely for defensive purposes in the
course of the activity for which the license was issued and if the
person has satisfactorily completed a course of instruction approved
by the Department of Consumer Affairs in the use of tear gas.
Nothing in this division authorizes the possession of tear
gas or a tear gas weapon in any institution described in Section
4574, or within the grounds belonging or adjacent to any institution
described in Section 4574, except where authorized by the person in
charge of the institution.
