Can a felon have pepper spray?

Answer 1

It is illegal for a felon to purchase, possess, or use pepper spray in the state of California. The same applies to anyone convicted of assault, addicted to drugs, or anyone under the age of 18.

Answer 2

As far as we know, you are not required to pass a felony background check, in order to purchase pepper spray. You would have to pass a felony background check if you wanted to purchase a Taser!

Answer 3

No because they can do something to that to make there life in jeopardy again.

Actually, in the U.S. it is perfectly legal for felons to own pepper spray, so it depends on where you are.

Answer 4

The true answer is at the bottom and highlighted for your convenience.

PENAL CODE

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS

CHAPTER 46. WEAPONS

The following section was amended by the 87th Legislature. Pending publication of the current statutes, see H.B. 1069 and H.B. 957, 87th Legislature, Regular Session, for amendments affecting the following section.

Sec. 46.01. DEFINITIONS. In this chapter:

(1) "Club" means an instrument that is specially designed, made, or adapted for the purpose of inflicting serious bodily injury or death by striking a person with the instrument, and includes but is not limited to the following:

(A) blackjack;

(B) nightstick;

(C) mace;

(D) tomahawk.

(2) "Explosive weapon" means any explosive or incendiary bomb, grenade, rocket, or mine, that is designed, made, or adapted for the purpose of inflicting serious bodily injury, death, or substantial property damage, or for the principal purpose of causing such a loud report as to cause undue public alarm or terror, and includes a device designed, made, or adapted for delivery or shooting an explosive weapon.

(3) "Firearm" means any device designed, made, or adapted to expel a projectile through a barrel by using the energy generated by an explosion or burning substance or any device readily convertible to that use. Firearm does not include a firearm that may have, as an integral part, a folding knife blade or other characteristics of weapons made illegal by this chapter and that is:

(A) an antique or curio firearm manufactured before 1899; or

(B) a replica of an antique or curio firearm manufactured before 1899, but only if the replica does not use rim fire or center fire ammunition.

(4) "Firearm silencer" means any device designed, made, or adapted to muffle the report of a firearm.

(5) "Handgun" means any firearm that is designed, made, or adapted to be fired with one hand.

(6) "Location-restricted knife" means a knife with a blade over five and one-half inches.

(7) "Knife" means any bladed hand instrument that is capable of inflicting serious bodily injury or death by cutting or stabbing a person with the instrument.

(8) Repealed by Acts 2019, 86th Leg., R.S., Ch. 216 (H.B. 446), Sec. 4, eff. September 1, 2019.

(9) "Machine gun" means any firearm that is capable of shooting more than two shots automatically, without manual reloading, by a single function of the trigger.

(10) "Short-barrel firearm" means a rifle with a barrel length of less than 16 inches or a shotgun with a barrel length of less than 18 inches, or any weapon made from a shotgun or rifle if, as altered, it has an overall length of less than 26 inches.

(11) Repealed by Acts 2017, 85th Leg., R.S., Ch. 324 (S.B. 1488), Sec. 15.002, eff. September 1, 2017.

(12) "Armor-piercing ammunition" means handgun ammunition that is designed primarily for the purpose of penetrating metal or body armor and to be used principally in pistols and revolvers.

(13) "Hoax bomb" means a device that:

(A) reasonably appears to be an explosive or incendiary device; or

(B) by its design causes alarm or reaction of any type by an official of a public safety agency or a volunteer agency organized to deal with emergencies.

(14) "Chemical dispensing device" means a device, other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the purpose of dispensing a substance capable of causing an adverse psychological or physiological effect on a human being.

The keychain pepper sprays are not classified as a weapon according to Penal Code Title 10 Chapter 46.

Thank you.

Answer 5

Yes it is illegal because the authories believe that a person with a felonious record is more likely to use it without good reason on inocent people.

Answer 6

Yes they can until they are caught or have used it on the police or any other athority

Answer 7

Depends on the condition of your parole stipulations and the state you live in, etc. In some cases it's fine, on others it's not. Ask your parole officer to be sure.

Answer 8

Yes, it seems to be legal, but make sure you stay within the legal limits on size of canister. In many places, it is limited to 2.5 ounces.

Answer 9

No It can not