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California Penal Code Section 22810

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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.
   (b) No person addicted to any narcotic drug shall purchase,
possess, or use tear gas or any tear gas weapon.
   (c) No person shall sell or furnish any tear gas or tear gas
weapon to a minor.
   (d) No minor shall purchase, possess, or use tear gas or any tear
gas weapon.
   (e) (1) No person shall purchase, possess, or use any tear gas
weapon that expels a projectile, or that expels the tear gas by any
method other than an aerosol spray, or that contains more than 2.5
ounces net weight of aerosol spray.
   (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. The contents are dangerous -- use with care."
   (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.
   (4) Every tear gas container and tear gas weapon that may be
lawfully purchased pursuant to this section shall be accompanied at
the time of purchase by printed instructions for use.
   (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.
   (g) (1) Except as provided in paragraph (2), any person who uses
tear gas or any tear gas weapon except in self-defense is guilty of a
public offense and is punishable by imprisonment pursuant to
subdivision (h) of Section 1170 for 16 months, or two or three years
or in a county jail not to exceed one year or by a fine not to exceed
one thousand dollars ($1,000), or by both the fine and imprisonment.
   (2) If the use is against a peace officer, as defined in Chapter
4.5 (commencing with Section 830) of Title 3 of Part 2, engaged in
the performance of official duties and the person committing the
offense knows or reasonably should know that the victim is a peace
officer, the offense is punishable by imprisonment pursuant to
subdivision (h) of Section 1170 for 16 months or two or three years
or by a fine of one thousand dollars ($1,000), or by both the fine
and imprisonment.

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Last modified: March 17, 2014