Mace/Pepper Spary - Texas Law

[AustinBoy]

Does anyone know the laws regarding the use of mace in Texas?

I have googled and searched the board and come up empty.

Why I ask.
I bought my wife mace and she is actually carrying it!
She took my CHL class with me and will be getting her CHL but has made it VERY clear that she will NOT carry.

When we talk about situations that she may use it, she always brings up what we were taught in class.
I have to keep reminding her that mace is not lethal and doesnt have to meet all the requirements for use that a gun does.

So she asked when exactly can and cant she use it and what are the consequences.
Good question.

So, worst case scenario.
She sprays someone (thinking it is a bad guy) with mace and it turns out that they were NOT a bad guy. (I could come up with some scenario but that is the main point)

Does she get arrested?
Does she get charged with something?
Assault?

I dont want to scare her out of using it but at the same time I wouldn't want her to use it too freely if she could get in big trouble.

Thanks
Ty

[A-R]

So, worst case scenario.
She sprays someone (thinking it is a bad guy) with mace and it turns out that they were NOT a bad guy. (I could come up with some scenario but that is the main point)

You mean like this? ...

http://www.youtube.com/watch?v=WEfFHRJxfm0" onclick="window.open(this.href);return false;



I don't know the legal answer off top of my head (and even if I did, IANAL). But spraying someone with mace without legal justification is an illegal use of force - probably assault or some kind.

One of our resident LEOs or lawyers will come along and give you the definitive answer.

[AustinBoy]

Let's assume she felt she had legal justification (was threatend) but it turns out the situation wasnt what she thought it was and it turns out there was never a threat.

She isnt just mad at someone and felt like spraying them, she truly felt threatend.

[CC Italian]

It must be a small container, usually the key ring type or a little bigger. My better half has it with her at all times and she thought about the “what ifs” also. The bottom line is this; it is not a firearm and is only a deterrent.

I will give you a silly example. Say I walk up to a woman in a parking lot with the intention to ask directions and she maces me. You know what, I was stupid and deserved to be maced. As a man you should know never to approach a woman that does not know you in a parking lot or any other place where she could feel vulnerable. I rather have my girl have the option to get away from a potential kidnapper or violent criminal. What then will she do if she is attacked, kidnapped or robbed? Fight off a grown man? Scream loud and hope someone comes to her aid? You can do the what ifs all day in your head but the bottom line is how seriously you take your safety and the safety of your loved ones, whether it be pepper spray, taser, knife or firearm. Any of those are better then nothing.

[AustinBoy]

ok, scenario time.

My wife volunteers for Groceries to Go. They deliver groceries to the elderly who cannot go to the store themselves.
The grocery store she goes to is in a "not so good" part of town but Fannie likes frozen dinners and ice cream so she has to go to a grocery store that is close.
She normally goes right after work when it is still light but had to work late and winds up at the store after dark.
She is situationally aware and has her mace in her hand as she goes to put the groceries in her car.
She is loading up the back of the SUV when she unknowingly drops a can. The can rolls back next to her tire.
A nice guy getting out of his car notices and goes to pick it up and hand it to her without (stupidly) saying a word.

What my wife sees is a guy in the dark coming from a crouched position to a fully erect position beside her car with his hand out and 2 feet away from her.
She maces the heck out of him.

The cops show up and they both tell their side of the story.
The nice guy is now livid and feels betrayed for trying to do something nice.
He tells the cops he wants her punished to the fullest extent of the law.

What can the cops do?

And yes, I know it is better to be judged by 12 than carried by six. She is better to deal with consequences and go ahead and spray this guy because it could have just saved her life.

But it was an innocent situation.

Does she get charged with something?

Thanks
Ty

[mctowalot]

There was a thread going about the laws regarding the size of the container. But, ICPLWMP (I can't post links with my phone)

And FWIW, that's a beautifully written scenario!

[AustinBoy]

Thanks!
That scanario actually happened a couple of days ago. Up until the dropping of the can.
I asked her if she had her mace in her hand and she did! But, she said she would have been afraid to use it. Hence the question.

FWIW, she carries a Fox Labs key chain mace, 11grams.

Ty

[C-dub]

So, a can of bear spray is a no-no?

[Ameer]

But it was an innocent situation.

It was use of force. No different than kicking the man in the groin. Use of force may be justified under chapter 9 but it's still force. Same as deadly force is still deadly force, even if it's justified.

Does she get charged with something?

I can't predict the future.

[dicion]

In my opinion, in the above scenario, if the cops showed up, they'd potentially understand the potential fear of the woman, and since mace doesn't generally do any permanent damage, they'd probably let her go, unless the other guy was insistant about pressing charges. Even if he was, and the scenario was just as described, I doubt the police would charge her.

They'd probably tell the guy 'hey buddy, next time you approach a woman, alone, in the parking lot, how about you talk to her.. don't surprise her like that'

Just my personal opinion.

[Crossfire]

By the way, MACE is not legal to carry. Pepper spray IS.

Mace is an entirely different chemical. Do not ever say that you are carrying mace. You carry pepper spray.

[dicion]

Sorry, yes, I meant pepper spray.. dunno why I said Mace XD

Good catch.

[AustinBoy]

Did not know that.

http://en.wikipedia.org/wiki/Mace_(spray" onclick="window.open(this.href);return false;)

Thanks for the heads up.

Ty

[RSJ]

In my opinion, in the above scenario, if the cops showed up, they'd potentially understand the potential fear of the woman, and since mace doesn't generally do any permanent damage, they'd probably let her go, unless the other guy was insistant about pressing charges. Even if he was, and the scenario was just as described, I doubt the police would charge her.

They'd probably tell the guy 'hey buddy, next time you approach a woman, alone, in the parking lot, how about you talk to her.. don't surprise her like that'

Just my personal opinion.

I'm not sure I agree with this part. If I was the guy and I was insistent upon pressing charges, how could the police NOT arrest her? My eyes are swollen and have been spewing water, she has a empty/semi-empty can of mace, and told the police that she used the mace because she (at the time) felt threatened. From the above hypothetical, I have not violated any law.

I am NOT a lawyer, but wouldn't this typically be much greater than reasonable suspicion and still likely far beyond probable cause that criminal activity has occurred? I understand that ultimately this use of force would/should be distinguished from a violent intentional assault, but that should be up to the DA and/or court system to decide. The whole premise behind calling the police (at least in this situation) is to make sure no further 'issue' arises, and they are also there to detect/determine if criminal activity has occurred.

[PRO]

I carry a can of pepper spray for that, “in between,” situation and this post has me thinking about it. Pepper spray is not that great of a defense option as wind, distance and the ability to spray a possibility moving target makes even hitting the intended target and not have it blown into my own face a challenge. It seems to me that if I was to use it in this situation, the person would have to be fairly close and that would almost justify a threat regardless of the ‘innocence’ of the scenario.