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Old April 20, 2005, 03:10 PM   #1
John Ringo
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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.)
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Old April 20, 2005, 03:19 PM   #2
BatmanX
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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.

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Old April 20, 2005, 04:23 PM   #3
djw6611
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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.
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Old April 20, 2005, 04:31 PM   #4
dolanp
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Yeah that disclaimer at the ends seems to make it pretty clear you can defend yourself.
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Old April 20, 2005, 08:12 PM   #5
CarlosDJackal
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"
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!!
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Old April 20, 2005, 10:42 PM   #6
chris in va
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You're fine. Carry it all you want. I asked this in my most recent carry class.
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Old April 20, 2005, 11:17 PM   #7
John Ringo
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Thanks folks !!!!
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