If I read this correctly, the court held that 10% concentration labeled for 'Police Use Only' in a large can meets the 'chemical dispensing device' definition while 2% or 3% does not.
http://bulk.resource.org/courts.gov/sta ... 78354.html
A review of the evidence shows that after appellant�s arrest, police found in his possession a large can of OC spray containing 10% oleoresincapsicum solution.� The device was labeled �Law Enforcement Use Only.�� HPD Crime Lab chemist James Miller testified that personal use OC spray is one-half the size of the can found in appellant�s possession and is labeled either 2% or 3% in concentration.� He further testified that the larger cans must be purchased at either a police supply store or over the internet.� Officer Tony Lee testified that one would experience uncontrollable coughing and mild panic if sprayed with 10% OC spray.� Additionally, in order to buy the 10% OC spray, one must present police identification.� Accordingly, we find there is legally sufficient evidence that appellant was in possession of OC spray in violation of section 46.05(a)(8).
�����������Appellant further contends the evidence is factually insufficient because the officers who testified at trial did not know possession of 10% OC spray violated the penal code.� We find appellant�s arguments irrelevant.� Moreover, the fact that appellant was allowed to purchase the can at a police supply store without showing identification does not mitigate culpability for possession of the 10% OC spray.� The OC spray can was sufficiently labeled to put appellant on notice that it was for police use only.� Accordingly, we find the verdict was not against the great weight of the evidence and overrule appellant�s third point of error.
I got sprayed three times in an interval of about five seconds. You should know that if you get enough OC for the symptoms....you can take all that is dished out to you and not much changes. I am not saying you can stand there and drink the stuff, but repeated sprays are like throwing a match on a fire.
.
Knowing the facts and hearing opinions is all good stuff as long as we keep these separate.
