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Pepper Spray laws in Texas are governed by the Texas Penal Code. Specifically,

TITLE 10. OFFENSES AGAINST PUBLIC HEALTH, SAFETY, AND MORALS CHAPTER 46. WEAPONS. Pepper Spray can be considered a weapon. What is considered illegal is: "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.

Basically, what this is saying is that a small dispenser is legal. What exactly is "small" is not specified and has been up for debate. The law goes on to say where all weapons can be used and in what areas even legal weapons are illegal. Such locations are a school or educational institution, polling places when an election is happening, in a secure area at an airport, government court or offices used as courts (written permission can be requested), racetracks, and within 1000 feet of the location of a place of execution.

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12y ago

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