[knfxda]

I tried doing a google search of this site and did not find the answer to my questions. I apologize if this has already been answered umpteen times, but here you go...

I understand that you are allowed to carry 2oz of chemical spray as a self-defense item, that you can open carry it, and that you can conceal it, all without a permit.

What if the canister is larger than 2oz? Does it mean that it can't be concealed or that it must be concealed? Does it mean that it now becomes a weapon and would require a CCW?

I have my CCW. Does this mean I can legally carry a chemical spray that is greater than 2oz, that I must conceal? Or would I still be limited to 2oz.

I know that there has also been some talk about whether the 2oz represented only the active ingredients or if it refers to the inert propellant as well. Does anyone know the answer definitively?

Again sorry if this has already been worked out. My google-fu came up short!

 

[Rvrctyrngr]

By statutory definition, if it's 2oz or under, it's a 'self-defense chemical spray'. Carry away, no license needed. More than 2oz, it becomes a 'chemical weapon'. Need a license to carry concealed. The Open Carry prohibition statute is moot on this point and only prohibits the open carry of firearms or electric weapon or devices, so it seems that open carry of 'chemical weapons' would be permissible under the statute.

Hope that helps.

 

[knfxda]

Hope that helps.

It did, a lot. Thanks!

 

[High Seas Drifter]

It did, a lot. Thanks!

+1 Good info!

 

[2700]

The statute reads, “not more than two ounces of chemical”. It has been argued that the propellant is not included in the total volume of “chemical”. Even if this would prove out successfully in court, I would avoid getting to that point to begin with, but I wanted to point this out for completeness.

 

[Ghost Host]

Read the label on the OC spray. It should tell you the Net Weight (e.g.: 2 oz. [59 ml]). Reputable companies will list %OC and strength. Also look for a statement warning that this product is intended for "self-defense" (required by some states).

GH

 

[Arnie]

It is interesting how the statues are written. They do not always conform to the author's intent

Since words mean things the court has no choice but to read the statute in context.

X-ounces of chemical mean exactly that. Nothing more, nothing less.

It makes no difference if the container originally held 16 oz. of chemical PLUS propellant and you expelled numerous shots. It is what is currently contains that legally matters.

One has to subtract the tare weight (can and propellant) to arrive at the chemical weight. If you are charged (and in court) you had better bring that up as part of the defense or you will be screwed. The prosecution has to PROVE more than X-ounces of CHEMICAL but only if you assert that as a defense. Otherwise the can label will probably suffice even though the can is near empty.

 

[NotXskinnyXBarbie]

I don't care about the oz.... I OC it.

 

[Lautermilch]

When I played street photographer I kept a copy of the law in a plastic bag in my chest pack. Going to protests means you will be shoved, assaulted, and threatened quite bit but that is part of the game. The police would often threaten to arrest so I was always ready for a confrontation.

I've found that many pepper spray canisters are 1.8 oz. But the intent is a big part. If you are jogging with a larger canister on your side in an area where dogs are loose, most officers will let it go. Hanging outside the check cashing store in the same outfit and pepper spray size it is a different matter.

 

[Ghost Host]

I don't care about the oz.... I OC it.

NsB,
I am not sure that your position is totally correct. F.S. 790.001 (3)(b.) defines self defense sprays as: "..."Self-defense chemical spray" means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical...."

That portion of 790 is only defining terminology and does not address whether the item is being concealed or open carried.
F.S. 790.053 (2)(a) authorizes the open carry of a self-defense chemical spray.
F.S. 790.01 (4)(a) authorizes the concealed carry of a self-defense chemical spray.

When the contents exceed 2 ounces it is considered to be a "chemical weapon or device". Ignoring the 2 oz. limit now becomes a potential liability.
GH

 

[Rvrctyrngr]

NsB,
I am not sure that your position is totally correct. F.S. 790.001 (3)(b.) defines self defense sprays as: "..."Self-defense chemical spray" means a device carried solely for purposes of lawful self-defense that is compact in size, designed to be carried on or about the person, and contains not more than two ounces of chemical...."

That portion of 790 is only defining terminology and does not address whether the item is being concealed or open carried.
F.S. 790.053 (2)(a) authorizes the open carry of a self-defense chemical spray.
F.S. 790.01 (4)(a) authorizes the concealed carry of a self-defense chemical spray.

When the contents exceed 2 ounces it is considered to be a "chemical weapon or device". Ignoring the 2 oz. limit now becomes a potential liability.
GH

Ghost, if you look at 790.053 again, you'll see that it only bans the open carry of 'firearms or electric weapons or devices'. Any other legal 'weapon' is fair game for open carry. Chemical weapons (sprays exceeding 2oz), knives, billies, dirks, swords, etc...

While the statute specifically permits the open carry of self-defense chemical sprays, it does not prohibit the open carry of any of the above items.

 

[High Seas Drifter]

Kinda like slungshot; illegal to manufacture/sell in FL but legal to carry. Method dependent on licensure.

 

[Ghost Host]

Rvrctyrngr,

Please note that I said “…potential liability….” Could it not also be argued that bygiving specific permission to only self-defense chemical sprays defined as 2oz.or less, that the intent is to exclude in excess of 2 oz.’s from open carry.Also “…knives,billies, dirks, swords, etc....” are not defined in 790 as devices.

GH

 

[USAisKaputzki]

I carry Pepper spray but it does not list Ounces. It list GRAMS. 140 GRAMS.
Since there's not a Police Officer in the USA who knows how to convert grams to ounces on the fly, it's not an issue.

 

[Ghost Host]

I carry Pepper spray but it does not list Ounces. It list GRAMS. 140 GRAMS.
Since there's not a Police Officer in the USA who knows how to convert grams to ounces on the fly, it's not an issue.

4.938355 ounces. Conversion app on my droid phone. Took less than 20 seconds, including finding the phone.
GH

 

[2700]

Since there's not a Police Officer in the USA who knows how to convert grams to ounces on the fly, it's not an issue.

Is that right? opcorn

 

[Arnie]

I recently read about a Florida gal who carries caustic oven cleaner spray (Easy-Off?) as her personal SD as she is not about to spend $20+ on pepper spray.

Since the statutes are silent as to contents, I assume she is legit. in her carry.

 

[Erik88]

I had no idea Florida had laws regarding OC spray. I need to check and see how many ounces the my girlfriend keeps in her purse.

What a ridiculous law. One should not need a permit for OC spray.


Or a gun for that matter, but that's a whole different argument.

 

[Ghost Host]

What a ridiculous law. One should not need a permit for OC spray.

Erick,
A permit is not required. Both FS 790.01 and FS 790.053 authorize the carrying of a "self defense chemical spray".
GH

 

[bladenbullet]

I recently read about a Florida gal who carries caustic oven cleaner spray (Easy-Off?) as her personal SD as she is not about to spend $20+ on pepper spray.

Since the statutes are silent as to contents, I assume she is legit. in her carry.

other than the federal regulation noted on the can that states use of this product for anything other than its intended use is a violation of federal law, you would be correct....

eta...just noticed you stated you read about it...thought you knew her...

that and the fact that it may be considered a deadly weapon if used as such...

you might want to let her know there are pepper sprays available for as little as $6 and around $10 is a common price...its not like shes going to be using it daily so it might be a good idea to make the investment...