Is Pepper Spray Legal In Bars?

[Abraham]

I know I can't carry where alcohol is the primary revenue maker, but what about pepper spray?

[O6nop]

I did a search and found this:

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device


§ 46.01. DEFINITIONS. In this chapter:

(14) "Chemical dispensing device" means a device,
other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the
purpose of dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.

It appears the answer is that it CAN be legal, but even at that, it could cost you money if you aren't careful. This is not bar related but it is interesting. Pepper Spray

Note: CHL laws do fall under a different set of laws

[Ol Zeke]

I did a search and found this:

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device


§ 46.01. DEFINITIONS. In this chapter:

(14) "Chemical dispensing device" means a device,
other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the
purpose of dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.

It appears the answer is that it CAN be legal, but even at that, it could cost you money if you aren't careful. This is not bar related but it is interesting. Pepper Spray

Note: CHL laws do fall under a different set of laws

Wow! I may have to go back to carrying the Wasp Spray....

[Keith B]

I did a search and found this:

§ 46.02. UNLAWFUL CARRYING WEAPONS. (a) A person commits
an offense if he intentionally, knowingly, or recklessly carries on
or about his person a handgun, illegal knife, or club.
(b) Except as provided by Subsection (c), an offense under
this section is a Class A misdemeanor.
(c) An offense under this section is a felony of the third
degree if the offense is committed on any premises licensed or
issued a permit by this state for the sale of alcoholic beverages.

§ 46.05. PROHIBITED WEAPONS. (a) A person commits an
offense if he intentionally or knowingly possesses, manufactures,
transports, repairs, or sells:
(1) an explosive weapon;
(2) a machine gun;
(3) a short-barrel firearm;
(4) a firearm silencer;
(5) a switchblade knife;
(6) knuckles;
(7) armor-piercing ammunition;
(8) a chemical dispensing device


§ 46.01. DEFINITIONS. In this chapter:

(14) "Chemical dispensing device" means a device,
other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the
purpose of dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.

It appears the answer is that it CAN be legal, but even at that, it could cost you money if you aren't careful. This is not bar related but it is interesting. Pepper Spray

Note: CHL laws do fall under a different set of laws

Wow! I may have to go back to carrying the Wasp Spray....

That would still qualify as a large chemical dispenser. The statute does not say Pepper Spray, so any device that dispenses a checmical would be illegal IMO.

[MoJo]

As a young buck, I wondered why every time I went into a bar someone wanted to fight - - - at about age 25 I had an epiphany - - - I was the right size, big enough for a big guy to pick on without looking bad and small enough that a little guy thought he had a chance kicking my butt. I stopped going to bars and guess what? I don't worry about if a place is posted 51%. I actually think 51% is the percentage of drunks inside the joint spoiling for a fight!

[Ol Zeke]

Wow! I may have to go back to carrying the Wasp Spray....

That would still qualify as a large chemical dispenser. The statute does not say Pepper Spray, so any device that dispenses a checmical would be illegal IMO.

Drat! Foiled again!

' looks like my only choice is to shoot 'em...

Seriously, though, any leo that really thinks that the "chemical dispenser" referred to is the pepper spray, in my wife's purse, is smokin' somethin' stronger than Camels and needs to give some serious thought to what he wants to be when he grows up....

[bayouhazard]

The key words are "other than"

[JJVP]

That would still qualify as a large chemical dispenser. The statute does not say Pepper Spray, so any device that dispenses a checmical would be illegal IMO.

I think you need to read that again

(14) "Chemical dispensing device" means a device,
other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the
purpose of dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.

The words "other than" are the key

[Keith B]

That would still qualify as a large chemical dispenser. The statute does not say Pepper Spray, so any device that dispenses a chemical would be illegal IMO.

I think you need to read that again

(14) "Chemical dispensing device" means a device,
other than a small chemical dispenser sold commercially for personal protection, that is designed, made, or adapted for the
purpose of dispensing a substance capable of causing an adverse
psychological or physiological effect on a human being.

The words "other than" are the key

Yes, it defines it has to be a small container and sold commercially for personal protection. There was a case in Garland where an individual had a can that the local police department deemed was too large and not to be sold to the public and he was arrested for it. Thread is on here somewhere.

Bottom line, key-chain or pocket sized pepper spray would be legal.

[O6nop]

Bottom line, key-chain or pocket sized pepper spray would be legal.

To clarify for the OP, legal in bars. Yes???

[Keith B]

Bottom line, key-chain or pocket sized pepper spray would be legal.

To clarify for the OP, legal in bars. Yes???

Yes, in bars. And they must meet the requirements to be legal other places you can legally carry pepper spray.

[Abraham]

Mojo,

I asked my question out of curiosity.

I can't recall the last time I was in a bar, it's been years, perhaps more than a decade...?

However, years ago, if I went to a bar, I'd go to an upscale one, (no pool tables or ear numbing music) and never witnessed belligerent drunks spoiling for a fight.

Sure, I've been in honkytonks and that's where I learned if you're going to socialize in a bar, do it in a civilized one...or don't do it at all.

[OldCannon]

Wow! I may have to go back to carrying the Wasp Spray....

You _do_ realize that using Wasp Spray on somebody could result in federal felony charges, right? Even worse, many modern wasp sprays contain chemicals that do _not_ affect humans.

A small 2oz can of Fox pepper spray will work wonders. a 1/10th second squirt on the floor is enough to clear an entire bar due to choking and crying. It will definitely incapacitate an attacker.

Not that I'm saying _I_ did that

[Ol Zeke]

Wow! I may have to go back to carrying the Wasp Spray....

You _do_ realize that using Wasp Spray on somebody could result in federal felony charges, right? Even worse, many modern wasp sprays contain chemicals that do _not_ affect humans.

A small 2oz can of Fox pepper spray will work wonders. a 1/10th second squirt on the floor is enough to clear an entire bar due to choking and crying. It will definitely incapacitate an attacker.

Not that I'm saying _I_ did that

Good thing wasps ain't got lawyers, huh?