Attempted rape / pepper spray / issue

[TexasComputerDude]

I don't have all the facts yet but I have an interesting story.

A girl I know went on a blind date last night and was almost raped. Luckily she had just gone to walmart that day and bought a can of pepper spray. Well, she tells him no and he won't stop so she pushes him away and pepper sprays him. He tries to grab her and she takes off running down the road and gets her dad to pick her up.

She txts me and after a while I convince her to go to tell her dad. They go to the police station and she a makes a statement and they make here feel like it's illegal to have pepper spray. They said that if she had not been qualified through her job she could have gotten in trouble. They also said they didn't think they could do anything because he didn't get far enough.

They said "a person isn't allowed to spray another human being unless certified to do so"

So my question is, "is pepper spray legal?"


Bear in mind I may not have all the facts. I don't want to say what county or any more details about where it took place yet.

[Beiruty]

My wife carries one, those cool Kimber pepper bluster. I do not think they are illegal when used in self defense. Abused can result in an Assault Charge.

[USA1]

So my question is, "is pepper spray legal?"

Absolutely it's legal to possess and use to defend ones self. There's no certification needed.

[TexasComputerDude]

Thanks, I guess regardless itvwascbetter to have it last night than not.

[USA1]

Is pepper spray legal?

Pepper spray is LEGAL in all fifty states. However, some states and cities have specific regulations pertaining to the purchase, possession and use of defense sprays.

New York: the sellers must be local licensed firearm dealers or local pharmacies.

Massachusetts: the buyer is required to obtain a Firearms Identification Card (FID); the sellers must be local licensed firearm dealers.

Michigan: OC Pepper Spray can be no stronger than a 2% concentrate. CS is the only Tear Gas accepted. Both must be no larger than 35 grams per can. No combination sprays allowed.

Wisconsin: Pepper spray only. No Tear Gas, UV Dye or combination sprays. OC Pepper Spray can be no stronger than a 10% concentrate. The can must be between 15-60 grams only. Must have safety feature.

California: Canisters cannot be more than 2.5 ounces.

Washington D.C.: You must register with the police for possession of pepper spray.

[Keith B]

If the girl is 18, then she can press assault charges. If not, the parents can, and depending on age of the two could push for attempted statutory rape.

I would not allow the police to talk them out of pressing charges. Date rape is WAY too common an issue. While it may not get prosecuted, especially since it is a she said/he said thing, it will let the guy know they are serious about this. And, if they hassle her about the use of pepper spray in a defense situation, or even carrying it period, then I would go to their supervisors and file a complaint. Small pepper spray canisters are TOTALLY legal.

[TexasComputerDude]

She's over 18. I'm gonna tell her about the assault charges and stuff.

[tacticool]

I carry it and use it against dogs and cats that are not leashed per city code when walking my dog (yes I pick up my dogs poo) or riding my bike.

Just found this.... http://www.wfaa.com/news/crime/Possessi ... 91582.html" onclick="window.open(this.href);return false;.

I will continue to carry OC to heck with 'em.

Most of the personal OC canisters sold in places like Academy are 1/2 to 1 ounce. Many of the ones sold in cop shops that fit duty belt holsters are 45g which is an ounce and a half, more or less. This guy allegedly had a 4 ounce pepper spray container which would probably be about the size of a coke can.

I think the woman should press charges against the blind dater, based on the OP story. I also think she should reconsider her friendship with the person who set her up with that blind date.

[Beiruty]

What is blind date and how one ends with a female in private place, his place, her place or a hotel room? The lady has lack of judgment and some of the responsibility to be vurnable.

[pbwalker]

What is blind date and how one ends with a female in private place, his place, her place or a hotel room? The lady has lack of judgment and some of the responsibility to be vurnable.

Where, in the OP, does it say anything about where this was? Or are you making assumptions?

[Beiruty]

I was laying an assumption, or is this incident happened in a public place ? The other place that I can think of is in a car.

[Oldgringo]

If the girl is 18, then she can press assault charges. If not, the parents can, and depending on age of the two could push for attempted statutory rape.

I would not allow the police to talk them out of pressing charges. Date rape is WAY too common an issue. While it may not get prosecuted, especially since it is a she said/he said thing, it will let the guy know they are serious about this. And, if they hassle her about the use of pepper spray in a defense situation, or even carrying it period, then I would go to their supervisors and file a complaint. Small pepper spray canisters are TOTALLY legal.

File Charges! Isn't it fortuitous that she had the foresight to purchase the pepper spray before her blind date with this fiend.

[Excaliber]

What is blind date and how one ends with a female in private place, his place, her place or a hotel room? The lady has lack of judgment and some of the responsibility to be vurnable.

So she's young - now she knows.

"Experience is something you don't get until just after you need it"

Another perspective:

"Experience is what you get when you don't get what you want."