When is it okay to use pepper spray ?

[kyron4]

How is the law read when you use pepper spray on someone ? If someone is in your face making threats and or harrassing you can you legally spray them if you feel threated ? I know if you hit them then you can be charged with battery, but what if you spray them ? I'm saying in a situtation where someone is trying to start a fight and won't get out of your face or being intemidated by a group of people. Under the law you can't hit first, flash a firearm or you risk being charged. So anyone have any insight on when it's considered justified to use pepper spray and hoe the laws work as seen by law enforcment ? -Thanks

 

[ModernGunner]

You're being intimidated by a group of people making threats and ya can't act first? When did that change?

 

[jrogers]

I don't understand the question. Doesn't everyone carry a sack of drop guns?

 

[Snapdragon]

I'm curious about this also because I've chosen to carry pepper spray when I walk my dogs. Every once in a while there are dogs running loose, and if one would attack my four (smaller) dogs, I'd hate to shoot a gun into a dogpile that consists of 80% my own dogs.

But I'm also interested in the legality of using it on people as an alternative to pulling my LCR.

 

[lovemachine]

You use pepper spray when you're afraid for your life.

Same reason why you'd pull your gun, or defend yourself with your fists. You were afraid for your life.

 

[jrogers]

I'm curious about this also because I've chosen to carry pepper spray when I walk my dogs. Every once in a while there are dogs running loose, and if one would attack my four (smaller) dogs, I'd hate to shoot a gun into a dogpile that consists of 80% my own dogs.

This is why you carry a stout walking stick. Seriously.

 

[kyron4]

So am I within my rights to use pepper spray if I'm being threatened ? As in someone in my face threating to beat my a$$ ? I'm really concerned about the legal ramifications for using pepper spray by me or my daughter. -Thanks

 

[SteveM4A1]

You should probably discuss this with a lawyer.

 

[Sylvain]

So am I within my rights to use pepper spray if I'm being threatened ? As in someone in my face threating to beat my a$$ ? I'm really concerned about the legal ramifications for using pepper spray by me or my daughter. -Thanks

Depends how serious you think that threat is, and how imminent it is.

IC 35-41-3-2
Use of force to protect person or property
Sec. 2. (a) A person is justified in using reasonable force against another person to protect the person or a third person from what the person reasonably believes to be the imminent use of unlawful force

It's not the same thing if a drunk guy in a bar tells you he's gonna kick your ass from across the room or if he's already holding you by the collar with his fist 5 inches from your face.

Also Im not a lawyer.

 

[chezuki]

When is it okay to use pepper spray?

You must meet 2 of the following criteria.

1. Be in legitimate fear of bodily harm.
2. Possess a vagina.


Seriously though, I would assume (IANAL) that it would fall under the same rules as "reasonable force" as far as when it is justified. You can't just go around spraying people who **** you off, that would be assault.

 

[Sylvain]

You must meet 2 of the following criteria.

1. Be in legitimate fear of bodily harm.

2. Possess a vagina.

No comment.

 

[OneBadV8]

I'm curious about this also because I've chosen to carry pepper spray when I walk my dogs. Every once in a while there are dogs running loose, and if one would attack my four (smaller) dogs, I'd hate to shoot a gun into a dogpile that consists of 80% my own dogs.

But I'm also interested in the legality of using it on people as an alternative to pulling my LCR.

Pepper sprays don't affect animals the same way, a better solution to this scenario is dog specific spray

 

[chezuki]

Pepper sprays don't affect animals the same way, a better solution to this scenario is dog specific spray

Yep. A spray bottle/squirt gun of vinegar will work pretty effectively as well.

 

[Sylvain]

Pepper sprays don't affect animals the same way, a better solution to this scenario is dog specific spray

From what I heard OC spray is effective on dogs but sprays with CS (Tear gaz) not so much.

 

[kyron4]

You must meet 2 of the following criteria.

1. Be in legitimate fear of bodily harm.
2. Possess a vagina.


Seriously though, I would assume (IANAL) that it would fall under the same rules as "reasonable force" as far as when it is justified. You can't just go around spraying people who **** you off, that would be assault.

Right, but if some meth head is on my property and in my face threatening me , wouldn't that justify the use of pepper spray ? The police answer is to call them, and wait 15 mins for them to show up and the guy is gone and they can't find him and hell be back again , follow me ? Here's the thing my 17 old daughter was taking out the trash late at night and someone , drunk or high,was harassing her. What to do ? Cops weren't to helpful.

 

[Sylvain]

Right, but if some meth head is on my property and in my face threatening me , wouldn't that justify the use of pepper spray ? The police answer is to call them, and wait 15 mins for them to show up and the guy is gone and they can't find him and hell be back again , follow me ? Here's the thing my 17 old daughter was taking out the trash late at night and someone , drunk or high,was harassing her. What to do ? Cops weren't to helpful.

You dont spray people just because they are harassing you.
It all depends what you mean by "harassing" of course.

 

[BehindBlueI's]

When a reasonable person confronted with the same situation, with the knowledge that you have at the time, would believe it is a reasonable level of force to use.

 

[nra4ever]

Bear spray for dogs and man. Great range.

I'd feel much better using spray to give me time to escape. If that didn't work then it's time to begin eliminating the threats.

So for me if it has come to the point of pulling out my weapon then there is no question that spray time had also arrived.

 

[eatsnopaste]

You must meet 2 of the following criteria.

1. Be in legitimate fear of bodily harm.
2. Possess a vagina.

Do you have to have it in your possession?

 

[kyron4]

You must meet 2 of the following criteria.

1. Be in legitimate fear of bodily harm.
2. Possess a vagina.

Do you have to have it in your possession?

Are you saying a women can get away with using pepper spray for about anything but not a man , or are you just making a joke ? The more I read the laws you can defend yourself AFTER you've been shot, stabbed, hit or beaten; other wise your the bad guy. I avoid confrontations at all cost, heck I avoid people in general, but knowing the law now, I think I just might become a recluse .