Can Carrying OC Spray Cause Legal Issues? Andrew Branca Discusses

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oljames3
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Can Carrying OC Spray Cause Legal Issues? Andrew Branca Discusses

#1

Post by oljames3 »

<< Recorded video is available, free, at https://lawofselfdefense.com/blog/ >>

Attorney Andrew Branca is a nationally recognized expert on the law of self defense. You can read Branca's bio on his web page, at the bottom of the page. https://lawofselfdefense.com/

This Thursday, 6/17/2021, at 4pm Eastern, Branca is planning to address the premise that carrying OC spray, in addition to carrying a handgun, can cause you legal issues in a self defense trial. https://www.facebook.com/LawofSelfDefense
Last edited by oljames3 on Fri Jun 18, 2021 8:52 am, edited 4 times in total.
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Re: Can Carrying OC Cause Legal Issues? Andrew Branca Discusses

#2

Post by KC5AV »

oljames3 wrote: Wed Jun 16, 2021 9:16 am Attorney Andrew Branca is a nationally recognized expert on the law of self defense. You can read Branca's bio on his web page, at the bottom of the page. https://lawofselfdefense.com/

This Thursday, 6/17/2021, at 3pm Eastern, Branca is planning to address the premise that carrying OC, in addition to carrying a handgun, can cause you legal issues in a self defense trial. https://www.facebook.com/LawofSelfDefense
In this instance, I’m guessing that OC = pepper spray, and not ‘Open Carry’?
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Re: Can Carrying OC Cause Legal Issues? Andrew Branca Discusses

#3

Post by oljames3 »

:smilelol5:
KC5AV wrote: Wed Jun 16, 2021 10:07 am
oljames3 wrote: Wed Jun 16, 2021 9:16 am Attorney Andrew Branca is a nationally recognized expert on the law of self defense. You can read Branca's bio on his web page, at the bottom of the page. https://lawofselfdefense.com/

This Thursday, 6/17/2021, at 4pm Eastern, Branca is planning to address the premise that carrying OC, in addition to carrying a handgun, can cause you legal issues in a self defense trial. https://www.facebook.com/LawofSelfDefense
In this instance, I’m guessing that OC = pepper spray, and not ‘Open Carry’?
:smilelol5: :rolll
You are correct, sir. I apologize for not being clear. I've edited the original post to be more obvious. Oleoresin capsicum, the active ingredient in pepper spray.

There may come a day when I say "open carry" rather than "carrying openly," but it is not this day. ;-)
Last edited by oljames3 on Thu Jun 17, 2021 2:57 pm, edited 1 time in total.
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Re: Can Carrying OC Spray Cause Legal Issues? Andrew Branca Discusses

#4

Post by KC5AV »

I suspected that was the case, but I work in the IT industry. Speaking in acronyms can cause confusion when the same group uses the same acronyms to mean different things.
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Re: Can Carrying OC Spray Cause Legal Issues? Andrew Branca Discusses

#5

Post by oljames3 »

KC5AV wrote: Thu Jun 17, 2021 11:08 am I suspected that was the case, but I work in the IT industry. Speaking in acronyms can cause confusion when the same group uses the same acronyms to mean different things.
:biggrinjester:
I am in engineer by education, an artilleryman/trainer by profession with secondary of IT. I do know better. :oops: Jargon is verbotten in training.
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Re: Can Carrying OC Spray Cause Legal Issues? Andrew Branca Discusses

#6

Post by The Annoyed Man »

This is a very good question, and I’ve heard reasonable arguments both pro and con.

I forget who I head explain it, but argument against carrying OC spray went something like this: You shoot someone in self defense while carrying an OC spray can. The DA decides to prosecute you because you didn’t try spraying the BG first, instead of going straight to guns.

And of course, other prominent self defense instructors like John Correia advocate strongly for carrying OC spray as an interim measure, saying that it’s better—if one can do it without putting one's self at additional risk—to "bless the deserving with the hot sauce" than it is to have to explain a shooting to authorities.

I honestly don’t know which side of the debate to believe.
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Re: Can Carrying OC Spray Cause Legal Issues? Andrew Branca Discusses

#7

Post by Ruark »

I do know that you have to be careful to meet the "imminent threat" requirement with OC. By that I mean don't attack your assailant AFTER you spray him and he's helpless and/or falls to the ground. If you spray him in the face with some super-potent spray like Fox Labs 5.3 Cone Mist, and while he's bending over double with his eyes closed and his hands over his face, if you hit or kick him you can go to jail for assault. A shot of spray is NOT a free ticket to beat somebody to a bloody pulp. Just food for thought.
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Re: Can Carrying OC Spray Cause Legal Issues? Andrew Branca Discusses

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Post by oljames3 »

The Annoyed Man wrote: Thu Jun 17, 2021 5:57 pm This is a very good question, and I’ve heard reasonable arguments both pro and con.

I forget who I head explain it, but argument against carrying OC spray went something like this: You shoot someone in self defense while carrying an OC spray can. The DA decides to prosecute you because you didn’t try spraying the BG first, instead of going straight to guns.

And of course, other prominent self defense instructors like John Correia advocate strongly for carrying OC spray as an interim measure, saying that it’s better—if one can do it without putting one's self at additional risk—to "bless the deserving with the hot sauce" than it is to have to explain a shooting to authorities.

I honestly don’t know which side of the debate to believe.
Attorney Andrew Branca discussed this in his open access June 17, 2021, New/Q&A. Starts at 36:30. https://lawofselfdefense.com/law-of-sel ... e-17-2021/
O. Lee James, III Captain, US Army (Retired 2012), Honorable Order of St. Barbara
2/19FA, 1st Cavalry Division 73-78; 56FA BDE (Pershing) 78-81
NRA, NRA Basic Pistol Shooting Instructor, Rangemaster Certified, GOA, TSRA, NAR L1
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