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Old September 19, 2012, 03:22 PM   #7
Senior Member
Join Date: May 6, 2012
Location: Southeast Texas
Posts: 1,670
Careful! That's not legally correct in all cases and especially not in all states. I'd caution you about the "pretty much" part of your statement. Check with a lawyer in your jurisdiction. Regarding your view on home intrusion, do you see no situation where spraying an intruder as an option or prelude to shooting him/her is a potentially preferable solution?
I was careful, hence the "pretty much". I have talked to lawyers, and pepper spray while most of the time "non lethal", is still considered a weapon and is still subject to the same charges that brandishing and using a gun would be when used improperly.

Are there situations in which I would rather use pepper spray because it would end a confrontation (most likely) without killing my aggressor? Yes. But most all of those situations I am equally justified in drawing my firearm as well. If someone is calling me a name, I am not justified in doing anything other than either ignore him, or walk away. Presenting pepper spray, a taser, or a firearm will all result in you getting cuffs slapped on you. If you are in a movie theater and you are pushed while in the line, you should walk away.

If the man follows you into the parking lot and wants a fight, call the police, but also be prepared to defend yourself. He has already pushed you and followed you outside, thereby showing that his intentions are not good. Pepper spray is a good option here, but if he continues to press the attack, using a firearm is equally justified.

And as far as using pepper spray in my home? No. Pepper spray is not an option. If you have broken into my home then you have already made your intentions clear, and they are not good. I am not saying that I am going to shoot immediately, but you have made your intentions clear, so I will draw and present my weapon and make my intentions equally clear.

The problem with pepper spray is that you have to be very close (almost contact distance) for it to be effective. That means that if you are being assaulted and need it, again, use of lethal force is also justified. If I am in my home, I am most definitely not going to move closer to an intruder so as to pepper spray him. I will draw my weapon, and if he advances on me, he has left me with no other options than to fire.
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