is pepper spray a caustic chemicalis pepper spray a caustic chemical
It was first used by Federal Bureau of Investigation personnel in the US in 1973. Police officers are allowed to carry pepper spray as part of their standard equipment. flammable liquids with a flashpoint of 150 degrees Fahrenheit or less. Its not chemical.. Most commonly, "caustics" or "caustic tanks" is referring to the use and storage of sodium hydroxide (more commonly referred to as caustic soda). In an interview with former White House Press Secretary Sean Spicer for Newsmax, Trump described the photo op as a spontaneous event and downplayed any use of force to remove protesters. University of Melbourne provides funding as a founding partner of The Conversation AU. If the alleged victim was harmed as the result of an accident, the defendant should not be found guilty even if the defendant acted with criminal negligence or the victimwas badly injured. Capsaicin is the same compound that makes chillies hot, but in an intense, weaponised form. [5][6] Its inflammatory effects cause the eyes to close, temporarily taking away vision. In order for a defendant to be found guilty under Penal Code 244, he or she must have intended to injure or disfigure the victim. It's this bodily response that makes pepper spray an effective, yet dangerous, method for crowd suppression: People have difficulty breathing and their vision becomes blurred as tear ducts overflow and eyelids swell. New Zealand Prison Service made OC spray available for use in approved situations in 2013. Now, when I went, I didnt say, Oh, move them out. I didnt know who was there. Unlike simple assault in Penal Code 240 PC, assault with dangerous chemicals is a felony. Pepper sprays. Shouse Law Group has helped many citizens get charges reduced or dismissed, and keep their records clean. [92][97], On 14 March 2012, a person dressed entirely in black entered the public gallery of the New South Wales Legislative Council and launched a paper plane into the air in the form of a petition to Police Minister Mike Gallacher calling on the government to allow civilians to carry capsicum spray. CS, CR. Only police officers trained in the specific use of pepper spray are allowed to carry and use it against civilians and animals. Sugar and salt are chemical compounds, and pepper is a naturally-occurring spice. you were arrested after an unlawful search and seizure. Police also encourages vulnerable groups like pensioners or women to carry one. Both CS and CN are man-made chemicals discovered in a lab, unlike capsaicin (the traditional ingredient in pepper spray). By saying that no chemicals were present in the pepper spray, Barr was almost certainly trying to suggest that the substance used was less harmful than it actually was. PC 244 assault with caustic chemicals is a felony in California. Remove the patient from the area of exposure. Being accused or arrested for a crime does not necessarily mean you will be convicted in court. The next day, tear gas was used to break up a fight at Long Bay jail, as prison guards filled an exercise yard with tear gas canisters also impacting nearby residents. The penalties depend on whether 22810 PC is charged as a felony or not. custody in the county jail for up to one year, and/or. Pepper spray is an aerosol spray containing oils from cayenne pepper. There is no evidence that these are effective for the treatment or prevention of any type of cancer whatsoever, but they are repeatedly touted as an alternative cancer remedy. Some of the most common include: The defendant did not act willfully or maliciously. Very helpful with any questions and concerns and I can't thank them enough for the experience I had. But because he did not splash kerosene on Reyna willfully and maliciously he is not guilty of assault with a caustic chemical. The combined effects of pepper spray can last anywhere from 15 minutes to more than an hour. These events followed the deployment of chemical riot control agents specifically pepper bombs in Washington DC last week. ", Delgado went on to say that the park police used smoke canisters and pepper balls on the protestors. The STOA appraisal states: For those taking drugs, or those subjected to restraining techniques that restrict the breathing passages, there is a risk of death. A fine of up to two thousand dollars ($2,000). Evidence of tear gas obtained via an unlawful search/seizure can get excluded from a criminal case. Placing, throwing, or causing to be placed or thrown. Here's how to watch. Users can spray the can on an angle for hard-to-reach areas. Under Penal 240, the California crime of assault describes an attempt or a threat to use force or violence. That means that it can be charged as either a misdemeanor or a felony, depending on such factors as: As a felony, assault with a deadly weapon can be punished the same as assault with caustic chemicals. The active compounds in pepper spray are collectively known as capsaicinoids. Anne Calverley, "Judge clears use of pepper spray", Last edited on 23 February 2023, at 04:20, police sprayed peaceful protestors at University of California, Davis in 2011, Learn how and when to remove this template message, "What is pepper spray, and is it dangerous? Any similar canister with the labels reading "dog spray" or "bear spray" is regulated under the Pest Control Products Actwhile legal to be carried by anyone, it is against the law if its use causes "a risk of imminent death or serious bodily harm to another person" or harming the environment and carries a penalty up to a fine of $500,000 and jail time of maximum 3 years. Pepper balls are fired from rifles and can also cause severe harm due to traumatic projectile injuries when the balls or canisters fired at protesters hit people in the head, neck, or face. Mace is the brand name of an early type of aerosol self-defense spray invented by Alan Lee Litman in the 1960s. It can also cause corneal abrasions if youre shooting it directly into someones eyes., The CDC calls these agents riot control agents in a fact sheet, saying they are sometimes referred to as tear gas' and are chemical compounds that temporarily make people unable to function by causing irritation to the eyes, mouth, throat, lungs, and skin. The CDC mentions pepper spray as one of those agents. NY 10036. For individuals not previously exposed to OC effects, the general feelings after being sprayed can be best likened to being "set alight". OC, CN, CS and blends are all allowed. Police officers and customs officers carry it. Scott is guilty of the Penal Code 495 PC burglary for breaking into Reyna s garage to commit a crime (in this case, 484 PC petty theft). Participation in individual or group therapy, Performance of community service or community labor, and/or. Penal Code 22810 only prohibits the unlawful use/possession of tear gas. There was none of that used. [72], Pepper spray can be legally purchased and carried in all 50 states and the District of Columbia. They were so pleasant and knowledgeable when I contacted them. It is of importance to note that a chemical can exist either as a liquid, solid or even as a gas. There have been few controlled clinical studies of the human health effects of pepper spray marketed for police use, and those studies are contradictory. It was successfully adapted, except for improper usages such as when police sprayed peaceful protestors at University of California, Davis in 2011. [70], It is a federal offense to carry/ship pepper spray on a commercial airliner or possess it beyond the security metal detectors at the airport. In all 27 cases listed by the ACLU, the coroners' report listed other factors as the primary cause of death; in a few cases the use of pepper spray may have been a contributing factor. Unauthorized possession of weapons in public buildings PC 171b, 4.2. [33], Some "triple-action" pepper sprays also contain "tear gas" (CS gas), which can be neutralized with sodium metabisulfite (Campden tablets), though it is not for use on a person, only for area clean up. Our attorneys explain the law, penalties and best defense strategies for every major crime in California. Riot control agents are used by law enforcement officials for crowd control and by individuals and the general public for personal protection (for example, pepper spray)., Mishori told us the difference between the pepper balls and CS is in the chemical makeup, but the physiological effects are similar, in terms of the chemical irritation. 28.) 3.1 Heating Solutions from Powerblanket. Police officers are exempt from this law and permitted to carry pepper spray as part of their standard equipment. Their use, however, can still cause fatalities. CS, the chemical Delgado said USPP didnt use, is the first category of TRPA1-activating agents, which also include CR gas (dibenzoxazepine) and CN gas (chloroacetophenone, also used in bear spray), Scientific American said. I'm just telling you what we used and what we didn't use.". So yes, pepper spray is chemical. https://en.wikipedia.org/w/index.php?title=Pepper_spray&oldid=1141061254, The US federal government uses CRC (capsaicin and related capsaicinoids) content for regulation. It's not chemical. What are the consequences of a 22810 PC conviction? This is related to, but not quite the same as, the requirement that the defendant acted maliciously. In a November 2018 article, titled How Tear Gas Works: A Rundown of the Chemicals Used on Crowds, the Scientific American said tear gas agents can be classified into two broad categories based on the pain receptors they activate. Capsaicin probably evolved as an antifungal agent, according to 2008 research, Live Science previously reported. (c)No person shall sell or furnish any tear gas or tear gas weapon to a minor. Possession is illegal for anyone other than police officers, police agents (assistant police officers). Penal Code 245(a)(1) is a California wobbler offense. (d)No minor shall purchase, possess, or use tear gas or any tear gas weapon. Background. Self-defense (or defense of another) is a valid legal defense to charges of assault with caustic chemicals. Common defenses include: A violation of this statute is a wobbler. Often, the opposite of this is true and a good example from the world of alternative cancer therapies is apricot kernels, yes - the husky, hard bit at the center of an apricot. Caustic chemicals, on the other hand, are defined as substances that can cause damage or burn through, by means of chemical action. Nathan Baca, an investigative reporter with WUSA9 TV, reported that WUSA crews also picked up canisters that contained a CS agent on June 1, but USPP told the station it didnt use those canisters, either. Pepper Spray PURPOSE The Pacific Cooperative Studies Unit (PCSU) is concerned for the welfare and safety of its employees in . Milk is poured into a demonstrator's eyes to. The presidents claim that law enforcement didnt use tear gas, without mentioning the pepper balls, leaves the false impression that no chemical agents were used. He was sentenced to a good behavior bond and granted a spent conviction order, which he appealed to the Supreme Court. Agents that induce choking, blistering and vomiting were added as the chemical arms race escalated. (2)Every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that states: WARNING: The use of this substance or device for any purpose other than self-defense is a crime under the law. They are given the military symbol OC, for oleoresin capsicum. In the interview, Brennan pressed Barr on the decision to aggressively clear peaceful protestors from Lafayette Park in Washington, D.C., prior to a walk through the park for a photo opportunity by President Donald Trump at St. John's Church. ), Abrupt and extraordinarily aggressive dispersal of protesters at H and 16th with Trump about to speak from the Rose Garden. Because lachrymatory agents work on nerve receptors that help us sense heat, they also induce an intense burning sensation. When Barr discussed pepper spray earlier today, he was talking about a chemical weapon and attempted to downplay the harm caused to protesters by capitalizing on the widely-believed misunderstanding that naturally derived substances are not harmful. Such shells contain Oleoresin Capsicum an irritant derived from pepper plants. A felony conviction is punishable by imprisonment in state prison for up to three years. These are mostly derived from capsaicin, the spice compound in chili peppers. One called nonivamide (also known as PAVA or pelargonic acid vanillylamide) is mostly made by humans. (That's 18 carbon atoms, 27 hydrogen atoms, an atom of nitrogen and three oxygen atoms per molecule. Unlike tear gas, that wears off fairly quickly, pepper spray will continue to be painful for 30 minutes or more and discomfort may be experienced for hours. Technically, pepper spray and other tear gases are classified as lachrymatory agents. Complaints that the police used excessive force also declined. A true loss of vision signifies a very serious burn. Pepper (oleoresin capsicum) spray is a commonly used riot-control and violence suppressive agent. Oleoresin Capsicum (OC) is the active ingredient of peppers and activates the TRPV1 pain receptor. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Definitely recommend! Tear gas canisters typically contain the irritants 2-chlorobenzalmalononitrile (CS) and phenacyl chloride (CN). Thus they can often be used as a plea bargain to let a defendant: Two of the most common alternatives to PC 244 charges are: Even though PC 244 is called assault, it is really a form of the California crime of battery.. In a span of about 10 minutes theyve unleashed everything from tear gas to flashbangs sending hundreds on a frantic retreat down 16th. Defacing a tear gas weapon is always charged as a felony and the crime is punishable by up to three years in state prison. Pepper spray use continues to be debated, and the skepticism about this unpredictable weapon is growing. The definition under regulation states "any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge therefrom of (a) tear gas, Mace or other gas, or (b) any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person" is a prohibited weapon. Today, the unjustified use of chemical riot control agents threatens to erode the systems that are meant to protect us from the most dangerous weaponised chemicals. California law treats this offense as more serious than the unlawful use of tear gas. Safeopedia Explains Caustic Substance Barr also tried to differentiate pepper spray from "tear gas," which gets into a semantic argument about the chemicals. Whether its tear gas, pepper spray, mace or pepper balls, all have one thing in common: theyre chemical weapons. As used in this section, flammable substance means gasoline, petroleum products, or flammable liquids with a flashpoint of 150 degrees Fahrenheit or less. Chemical warfare agents have been used twice in Sydney in the past week alone. The defendant did not intend to injure or disfigure the other person. Opinions expressed by Forbes Contributors are their own. A defendant who uses a caustic chemical, such as mace or pepper spray, to threaten or immobilize a robbery victim is subject to a "dangerous or deadly weapon" enhancement, the Court of Appeal for this district ruled yesterday. Lachrymatory agents emerged on the battlefields of World War I. The federal government of the United States has determined that bear attack deterrent sprays must contain at least 1.0% and not more than 2% CRC. In a press briefing on June 3, White House Press Secretary Kayleigh McEnany said Attorney General William Barr ordered the clearing of the area the morning of June 1 to expand the perimeter by one block on each side, adding that Barr was surprised it hadnt been done yet when he got to the White House and told officers in the late afternoon to do it. But she did not intend to injure or disfigure Mark. They may cause a reaction on your. A violation of 22810 PC is a wobbler. pic.twitter.com/35H1BQjZTwJune 1, 2020. Pepper spray is also, inarguably, an irritant. Despite assertions to the contrary by Attorney General William Barr, pepper spray is a chemical. It is classified as a Category D Weapon in French law and if the aerosol contains more than 100ml (3.5impfloz; 3.4USfloz), it is classed as an offensive weapon; possession in a public place can be punished by confiscation and a fine. The legal meaning of willfully and maliciously, 3. Possession in a public place can be punished by confiscation and a fine. Criminal Defense Penal Code 244 PC - Assault with Caustic Chemicals. Pepper spray, also known as capsicum spray, is a lachrymatory agent (a chemical compound that irritates the eyes to cause tears, pain, and even temporary blindness) used in crowd control and personal self-defense, including defense against dogs and bears. Justified use against humans as self-defense is allowed. Visit our California DUI page to learn more. If sentenced to probation, the defendant will serve at most up to a year in county jail. It must be purchased in person (i.e., cannot be purchased by mail-order or internet sale) either at a pharmacy or from a licensed firearm retailer (, The use of pepper spray to prevent a public official from performing his/her official duties is a class-E. They are highly corrosive and pose a risk to workers who must handle them or work in proximity to them. Black pepper, or Piper nigrum, is the most popular pepper variety. rendelet a kzbiztonsgra klnsen veszlyes eszkzkrl, "The Department of Justice and Equality: Firearms & Ammunition", "Regolamento concernente la definizione delle caratteristiche tecniche degli strumenti di autodifesa che nebulizzano un principio attivo naturale a base di Oleoresin Capsicum e che non abbiano attitudine a recare offesa alla persona, in attuazione dell'articolo 3, comma 32, della legge n. 94/2009. This definition distinguishes tear gas from personal self-defence sprays which use foams, gels and liquids. Whereas CS & CN have different receptors and were more toxic, he said in an email, referring to chloroacetophenone. A wobbler is an offense that the prosecutor can charge as either: In lieu of the above, a judge may award misdemeanor (or summary) probation. There is much debate over the actual cause of death in these cases. 1. Immediately after talking about pepper spray, he reversed his statement and said that pepper balls, not pepper spray, were used on the protesters. Certain individuals are still prohibited from possessing pepper spray, including minors under the age of 16, convicted felons, individuals convicted of certain drug offenses, individuals convicted of assault, and individuals convicted of misusing pepper spray. This chemistry 101 lesson is brought to you by an interview with Barr by CBS News' Margaret Brennan on Face the Nation on June 7. They are sold via government-approved companies after performing a background verification. There are also many types such as foam, gel, foggers, and spray.[35]. "No, there were not chemical irritants; pepper spray is not a chemical irritant. . [15] The duration of its effects depends on the strength of the spray; the average full effect lasts from 20 to 90 minutes, but eye irritation and redness can last for up to 24 hours. A misdemeanor conviction is punishable by custody in county jail for up to one year. The contents are dangerous use with care.. Trump may object to the term tear gas because it may connote a harsher tactic than using pepper balls or pepper spray. But Mishori said it would be impossible to discern which chemical was being used during the protest, since they cause the same health impacts. NASA warns of 3 skyscraper-sized asteroids headed toward Earth this week. Attorney General Bill Barr has defended the use of pepper spray against protesters in Washington DC last Monday, claiming that the substance is not a chemical irritant.. But as a misdemeanor ADW carries a potential penalty of: If you have been charged with assault with caustic chemicals we invite you to contact us for a free consultation. neutralize the effect of pepper spray as demonstrators gather to protest the death of George Floyd near the White House in Washington on Sunday, May 31, 2020. Pepper spray, oleoresin capsicum spray, OC spray, capsaicin spray, or capsicum spray is a inflammatory agent (a compound that irritates the eyes to cause a burning sensation, pain, and temporary blindness) used in policing, riot control, crowd control, and self-defense, including defense against dogs and bears. Penal Code 244 PC is Californias law on assault with caustic chemicals. It makes it a crime to: As used in this section, a flammable substance means: Penal Code 171.7 PC is the California statute that makes it a crime to: A sterile area means any part of a PTF that is controlled in a manner consistent with the facilitys security plan. He said he believed the terms were used interchangeably- tear gas vs lacrimator. A lacrimator, of course, is a substance that produces tears, and both CS and OC do that. What Are the Signs and Symptoms of a Chemical Eye Burn? I figured I was going to walk over the church very nearby, Trump told Fox News Radio. possessing tear gas is illegal if done by a narcotic addict. It's not chemical," he told CBS. Thomas Kearney, associate dean and professor in theDepartment of Clinical Pharmacy at theUniversity of California San Francisco and co-author of a 2014 study on pepper spray injuries, told us he didnt have knowledge about these particular pepper ball devices, but that the USPP was probably referring to an OC containing lacrimator. Visit our corporate site (opens in new tab). [73] Some states regulate the maximum allowed strength of the pepper spray, age restriction, content and use. Our California criminal defense attorneys will address the following in this article: 22810 PC is the California statute on unlawful use of tear gas. Shouse Law Group has wonderful customer service. Penal Code 244 also applies to flammable substances that have a flashpoint of 150 degrees Fahrenheit or less. The second category of tear gas agents are pepper sprays and activate the TRPV1 pain receptor, the article said. For additional guidance or to discuss your case with a criminal defense attorney, we invite you to contact us at Shouse Law Group. [98], Media related to Pepper sprays at Wikimedia Commons, This article is about the chemical compound. do so within any sterile area of a public transit facility (PTF). of Pepper Spray The North Carolina study found that the number of injuries to police officers and suspects decreased after pepper spray was introduced. A study of five often-recommended treatments for skin pain (Maalox, 2% lidocaine gel, baby shampoo, milk, or water) concluded that: "there was no significant difference in pain relief provided by five different treatment regimens. [36] Depending on the location, it may be legal to use for self-defense. 4. And it's like, 'I don't know.' Example: Corinne is fighting with her co-worker Mark in the company breakroom. Chap 238 Firearms and Ammunition Ordinance Section 2", "Arms and Explosives Act - Singapore Statutes Online", "How your gun permit applications are considered", 175/2003. When we called the National Guard Bureau press office about this, a spokesman referred us to Defense Secretary Mark Espers, that National Guard forces did not fire rubber bullets or tear gas into the crowd., Viral Posts Share Old, Edited White House Photo in Dark, Meme Misrepresents Faucis Position on Vaccine Trials, Centers for Disease Control and Prevention, How Tear Gas Works: A Rundown of the Chemicals Used on Crowds. A fine of up to one thousand dollars ($1,000). [1] The majority of the uses do not cause life threatening clinical effects. As used in this section, flammable substance means gasoline, petroleum products, or flammable liquids with a flashpoint of 150 degrees Fahrenheit or less.. [69] Carrying bear spray in public, without justification, may also lead to charges under the Criminal Code. As many of the chemists pointed out, the main ingredient of pepper spray is oleoresin capsicum, which is a chemical also found in hot peppers and chilis and is responsible the hot, burning sensation experienced when eating them. It inflames the mucous membranes in the eyes, nose, throat and lungs. (f)Effective March 1, 1994, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall be accompanied by an insert including directions for use, first aid information, safety and storage information, and explanation of the legal ramifications of improper use of the tear gas container or tear gas product. As of 1999, it was in use by more than 2,000 public safety agencies. Are guns more effective than pepper spray in an Alaska bear attack? Some manufacturers may show a very high percentage of OC, but the resin itself may not be spicy enough. Reay DT. . California Penal Code 22810 PC makes it a crime to buy, possess, or use tear gas other than for lawful self-defense. Clinics in Lab Med 1998;18:1920; Watson WA, Stremel KR, and Westdorp EJ. It has been used for years against demonstrators and aggressive animals like bears. [71], When pepper spray is used in the workplace, OSHA requires a pepper spray Safety Data Sheet (SDS) be available to all employees. Cancer research scientist and childhood cancer survivor. Texas Penal Code 46.05(a)(1)(4) and Texas Penal Code 46.01(14). They were so pleasant and knowledgeable when I contacted them. Well focus on the disagreement over whether tear gas was used, as many media outlets that covered the incident reported. What counts a caustic chemical under California PC 244? DUI arrests don't always lead to convictions in court. believed that you were in imminent danger,, believed that force was necessary to stop the danger, and. There are many unanswered questions about the events. Pepper spray can also be purchased concealed in items such as rings. The Cambridge English dictionary defines a chemical as any basic substance that is used in or produced by a reaction involving changes to atoms or molecules and chemistry as; the scientific study of the basic characteristics of substances and the ways in which they react or combine. Several chemists on twitter were quick to respond with reasoned debunking of why AG Barrs comments were incorrect. We have local criminal law offices in and around Los Angeles, San Diego, Orange County, Riverside, San Bernardino, Ventura, San Jose, Oakland, the San Francisco Bay area, and throughout California. At about 6:50 p.m., Trump ended his speech, saying, And now Im going to pay my respects to a very, very special place. He and other administration officials then walked to St. Johns Episcopal Church, across the street from Lafayette Square, where Trump posed for photos while holding up a Bible. Everybody went on a tangent saying 'Well, isn't a pepper ball tear gas?' Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. A fast-acting aerosol formula that cuts through caked-on grease and grime. Coast guardsmen as well as prison officers have access to it. Remove all clothing and jewelry. The language of the code section reads that: 244. But despite capsaicin coming from chilli peppers, pepper spray is still a weaponised irritant that can be delivered as an aerosol or powder. (3)After January 1, 1984, every tear gas container and tear gas weapon that may be lawfully purchased, possessed, and used pursuant to this section shall have a label that discloses the date on which the useful life of the tear gas weapon expires. They were used to clear protesters from a public park so President Donald Trump could walk from the White House to a nearby church for a photo opportunity. unauthorized possession of weapons in public buildings PC 171b, weapons at California Public Transit Facilities PC 171.7, and. Any person who willfully and maliciously places or throws, or causes to be placed or thrown, upon the person of another, any vitriol, corrosive acid, flammable substance, or caustic chemical of any nature, with the intent to injure the flesh or disfigure the body of that person, is punishable by imprisonment in the state prison for two, three or four years. There are two compounds in common use in this category: OC gas, a concentrated solution of natural capsaicin, and PAVA, a mix of synthetic capsaicin also used by U.S. Customs and Border Protection., Dr. Rohini Haar, an emergency physician, epidemiology lecturer and research fellow at the Human Rights Center at the University of California Berkeleys School of Law, echoed Kearneys comment that the pepper sprays arent as toxic as the CS/CN chemicals. Penal Code 22910 PC is the California statute that makes it a crime to change, alter, or remove the name of the manufacturer, the serial number, or any identification mark on a tear gas weapon. These include formaldehyde and cyanide which are well-known to be harmful to humans in quantities far larger than found in a single apple. Gabriel da Silva does not work for, consult, own shares in or receive funding from any company or organisation that would benefit from this article, and has disclosed no relevant affiliations beyond their academic appointment. OC is not the only legal agent used. Can be used on warm or cold surfaces. This substance requires a heating solution to stay viscous at room temperature. (X. Because the six different types of capsaicinoids under the CRC heading has different levels of potency (up to 2 on the SHU scale, Using the OC concentration is unreliable because the concentration of CRC (and potency of these compounds) can vary. 22810. Notwithstanding any other provision of law, any person may purchase, possess, or use tear gas or any tear gas weapon for the projection or release of tear gas if the tear gas or tear gas weapon is used solely for self-defense purposes, subject to the following requirements: (a)No person convicted of a felony or any crime involving an assault under the laws of the United States, the State of California, or any other state, government, or country, or convicted of misuse of tear gas under subdivision (g), shall purchase, possess, or use tear gas or any tear gas weapon.
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is pepper spray a caustic chemical