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CALIFORNIA /
PENAL CODE /
§ 22810
California Code, Penal Code - PEN § 22810
Current as of January 01, 2023 | Updated by FindLaw Staff
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.
Also that you may not take pepper spray into a polling place, school, State Capitol Building, courthouse and a number of other places. Municipalities may have further ordinances.
Also, read this from the National Parks Service:
"Can I bring a weapon or firearms into the parks?
Weapons (including, but not limited to, BB, Pellet and Paint Guns, Bow/Arrow, Slingshots, Bear Spray and other compressed gas irritant devices) are illegal to possess. Discharge of a firearm or weapon is prohibited within Sequoia & Kings Canyon National Parks."
Note: Bear Spray is not prohibited and is in fact encouraged for carry in most other state and national parks. I have had rangers recommend it while hiking in the Cleveland National Forest. Apparently the bears in Kings and Sequoia National Parks are not a threat and no mountain lions nor 2 legged predators are found there either. However, note the 2.5 ounce limit in 22810 e(1).