Is OC/Pepper Spray Use Illegal In Virginia???

John Ringo · April 20, 2005, 03:10 PM

Is use of say something like Fox Labs Pepper Spray illegal in Virginia? Read this:

§ 18.2-312. Illegal use of tear gas, phosgene and other gases.

If any person maliciously release or cause or procure to be released in any private home, place of business or place of public gathering any tear gas, mustard gas, phosgene gas or other noxious or nauseating gases or mixtures of chemicals designed to, and capable of, producing vile or injurious or nauseating odors or gases, and bodily injury results to any person from such gas or odor, the offending person shall be guilty of a Class 3 felony.

If such act be done unlawfully, but not maliciously, the offending person shall be guilty of a Class 6 felony.

Nothing herein contained shall prevent the use of tear gas or other gases by police officers or other peace officers in the proper performance of their duties, or by any person or persons in the protection of person, life or property.

(Code 1950, § 18.1-70; 1960, c. 358; 1975, cc. 14, 15.)

BatmanX · April 20, 2005, 03:19 PM

That is a fine line, but I don't think it would include pepper spray.

By that definition, bodily gas would be outlawed in a public area.

djw6611 · April 20, 2005, 04:23 PM

Got to read everything:

"Nothing herein contained shall prevent the use of tear gas or other gases by police officers or other peace officers in the proper performance of their duties, or by any person or persons in the protection of person, life or property. "

The law basically outlaws using pepper spray or tear gas in a MALICIOUS manner, like spraying it in a crowded room or club. You can legally use pepper spray to defend yourself, others, or your property.

dolanp · April 20, 2005, 04:31 PM

Yeah that disclaimer at the ends seems to make it pretty clear you can defend yourself.

CarlosDJackal · April 20, 2005, 08:12 PM

"

Quote:

If any person maliciously release or cause or procure to be released...

The use of the word "maliciously" should have clued you in that non-malicious use is acceptible. JM2CW.

NOTE: I am not a lawyer nor do I play one in real life!!

chris in va · April 20, 2005, 10:42 PM

You're fine. Carry it all you want. I asked this in my most recent carry class.

John Ringo · April 20, 2005, 11:17 PM

Thanks folks !!!!

April 20, 2005, 03:10 PM	#1
John Ringo Senior Member Join Date: December 4, 2004 Location: Washington DC Posts: 379	Is OC/Pepper Spray Use Illegal In Virginia??? Is use of say something like Fox Labs Pepper Spray illegal in Virginia? Read this: § 18.2-312. Illegal use of tear gas, phosgene and other gases. If any person maliciously release or cause or procure to be released in any private home, place of business or place of public gathering any tear gas, mustard gas, phosgene gas or other noxious or nauseating gases or mixtures of chemicals designed to, and capable of, producing vile or injurious or nauseating odors or gases, and bodily injury results to any person from such gas or odor, the offending person shall be guilty of a Class 3 felony. If such act be done unlawfully, but not maliciously, the offending person shall be guilty of a Class 6 felony. Nothing herein contained shall prevent the use of tear gas or other gases by police officers or other peace officers in the proper performance of their duties, or by any person or persons in the protection of person, life or property. (Code 1950, § 18.1-70; 1960, c. 358; 1975, cc. 14, 15.) __________________ Regards, John Ringo "I like these calm little moments before the storm (Stansfield, The Professional)."

April 20, 2005, 03:19 PM	#2
BatmanX Senior Member Join Date: March 23, 2005 Location: Minnesota Posts: 266	That is a fine line, but I don't think it would include pepper spray. By that definition, bodily gas would be outlawed in a public area. __________________ NRA Life Member Current shopping list: Bersa Thunder 9mm CZ SP01 Current Ownage: CZ-P01 Bersa .380 (Duo tone) Kel Tec P3AT (SG) Stoeger 2000 (black syn.) 26" Winchester Model 97 12 gauge FULL Marlin Firearms Model 60 22LR

April 20, 2005, 11:17 PM	#7
John Ringo Senior Member Join Date: December 4, 2004 Location: Washington DC Posts: 379	Thanks folks !!!! __________________ Regards, John Ringo "I like these calm little moments before the storm (Stansfield, The Professional)."

April 20, 2005, 04:23 PM	#3
djw6611 Member Join Date: December 3, 2004 Posts: 43	Got to read everything: "Nothing herein contained shall prevent the use of tear gas or other gases by police officers or other peace officers in the proper performance of their duties, or by any person or persons in the protection of person, life or property. " The law basically outlaws using pepper spray or tear gas in a MALICIOUS manner, like spraying it in a crowded room or club. You can legally use pepper spray to defend yourself, others, or your property.

April 20, 2005, 04:31 PM	#4
dolanp Senior Member Join Date: February 27, 2005 Location: North Texas Posts: 371	Yeah that disclaimer at the ends seems to make it pretty clear you can defend yourself.

April 20, 2005, 10:42 PM	#6
chris in va Senior Member Join Date: December 26, 2004 Location: Louisville KY Posts: 13,806	You're fine. Carry it all you want. I asked this in my most recent carry class.