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I’m looking at the California rules about pepper spray and you can buy it any old place but it’s illegal if not in self-defense.
I’m a cis white middle-class English-speaking woman so I have a pretty good chance of cops believing it was, in fact, self-defense, but any lawyers on here want to weigh in?
Should I switch to something like a travel hairspray container which would be legal but less effective? Or keep what would get the job done if I need?
@Bronwyn Lots of articles on the Net regarding the use of force for #selfdefense
#PepperSpray is a not lethal weapon but you can not use a level of force greater than that used against you.
In practical terms, you cannot be legally justified to use pepper spray unless someone has committed an #assault &/or a #battery upon your person.
While battery requires someone to hit you with something -- hands &/or a weapon -- an assault does not.
"Assault is not limited to physical contact. Legally, it involves an intentional act creating a reasonable apprehension of imminent harmful or offensive contact. The perpetrator’s actions must be deliberate, and the victim must perceive an immediate threat."
See: https://legalclarity.org/is-pepper-spray-considered-assault-in-legal-cases/
So, if you encounter someone somewhere where the perpetrator gave you a "reasonable apprehension of imminent harmful or offensive contact," feel free to use your pepper spray.
The same applies to the use of a #Taser which you should also consider carrying. Each has +'s & -'s.
