Are pepper spray and stun guns legal in California?

The Penal Code does not use the words "pepper spray." It regulates "tear gas," defined as any liquid, gaseous or solid substance "intended to produce temporary physical discomfort or permanent injury through being vaporized or otherwise dispersed in the air" (Penal Code 17240). A "tear gas weapon" includes any device "intended for the projection or release of tear gas" (Penal Code 17250). A defensive spray is covered when it fits those definitions.

Section 22810 sets the conditions:

• The spray is used "solely for self-defense purposes."
• It is an aerosol spray of no more than 2.5 ounces net weight.
• The container carries a warning label and a label showing the date its useful life expires.
• It comes with printed instructions and an insert covering directions for use, first aid, safety and storage, and the legal consequences of improper use.

The section lists no permit or training requirement for the public.

Knowingly selling, offering for sale, possessing or transporting tear gas or a tear gas weapon outside what the law permits is punishable by up to one year in county jail, a fine of up to $2,000, or both (Penal Code 22900).

Under Section 22810, these people may not purchase, possess or use tear gas or a tear gas weapon:

• A person convicted of a felony, or of any crime involving an assault, under the laws of the United States, California, or any other state, government or country.
• A person convicted of misusing tear gas.
• A person addicted to any narcotic drug.
• A minor, with one exception.

The exception: a minor who is at least 16 may purchase and possess a spray if accompanied by a parent or guardian, or with a parent or guardian's written consent. The adult who signs or accompanies shares civil liability for the minor's misuse (Penal Code 22815).

A stun gun is any item, other than a "less lethal weapon," that is used or intended as an offensive or defensive weapon and "is capable of temporarily immobilizing a person by the infliction of an electrical charge" (Penal Code 17230). Any person may purchase, possess or use one, subject to these limits in Section 22610:

• A person convicted of a felony, of any crime involving an assault, or of misuse of a stun gun may not purchase, possess or use one.
• A person addicted to any narcotic drug may not.
• A minor may possess one only at age 16 or older with written consent from a parent or legal guardian. Selling or furnishing a stun gun to a minor without those conditions is a public offense with a $50 fine for a first offense, and any later violation is a misdemeanor.

Each stun gun sold must carry the manufacturer's name and a serial number (Penal Code 22615) and come with an instruction booklet (Penal Code 22625).

Assault with a stun gun is a separate crime, punishable by up to one year in county jail or by 16 months, two years or three years under Penal Code 1170(h) (Penal Code 244.5).

The Penal Code defines "less lethal weapon" separately, as a device that expels or propels less lethal ammunition (Penal Code 16780). This article covers stun guns as Section 17230 defines them.

• State and local public buildings and open public meetings: bringing or possessing "any unauthorized tear gas weapon" or "any taser or stun gun" is a crime (Penal Code 171b).
• Airport and passenger vessel terminal sterile areas: the same two items are listed (Penal Code 171.5).
• K-12 school grounds: a taser or stun gun is on the list of prohibited items (Penal Code 626.10(a)). Section 626.10 does not list tear gas. School and district rules are separate and are not covered here.
• College and university campuses: bringing or possessing a stun gun or less lethal weapon without written permission from the president, chancellor or a designee is a misdemeanor (Penal Code 626.10(i)).
• Jails, prisons and similar institutions: the tear gas law does not authorize possession there or on adjacent grounds unless the person in charge authorizes it (Penal Code 22840).
• Commercial flights: TSA allows one 4 fluid ounce container of pepper spray in checked baggage if it has a safety mechanism, prohibits sprays with more than 2 percent by mass of tear gas (CS or CN) in checked baggage, and notes that some airlines may not allow the item at all (TSA, 49 CFR 175.10(a)(9)). Stun guns are barred from carry-on bags and allowed in checked bags if packed so they cannot discharge accidentally (TSA).