TexasCHLforum.com

TexasComputerDude wrote: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.

That wasn't luck. That was her intuition telling her that she might need some protection on a blind date.

SmoothFox wrote: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.

Texas Penal Code Section 46.01.07 (14) provides a definition as follows "(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 key words are other than a small chemical dispenser sold commercially for personal protection.

Texas Penal Code Section 46.05 (a) reads:

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device; or
(9) a zip gun.

Unless I'm reading this wrong, it appears that commercially available pepper spray is legal. I believe the Wylie Police Chief's interpretation of the law (arguing over the legal meaning of the term "small") focused on the wrong part of the definition. To me the key words in the definition are "sold commercially for personal protection". If the pepper spray is available for sale to the public, then either it's legal to sell to the public (and therefore legal for the public to possess) or the state is not enforcing the law on the dealers. I think it would be helpful for the legislature to clarify the word small in some manner such as "not larger than 6 oz" or something similar to avoid situations like the one this citizen found himself in.

EDITED TO ADD: You can buy 16 oz cans of pepper spray online.