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Discussion Starter · #1 ·
So my friend started selling with this new home-party business called Damsel In Defense. They sell pepper sprays and stun guns and stuff like that. I bought a pepper spray, and then my 14 year old daughter said she wanted one too. Do you have to have a concealed carry permit or be of a certain age to carry a pepper spray?
 

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You can't sell pepper spray to those under 18 however, someone under 18 can have/use pepper spray. IANAL however with selling these I have only seen restrictions listed from California. I have not seen any for Utah. Taking a spray onto school grounds and then being found out may be cause for a youngster at school to receive disciplinary action for having a "dangerous weapon" on campus. You could do a search of utah.gov under the legislative tab to see if there are any restrictions.
 

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http://le.utah.gov/~code/TITLE76/htm/76_10_050100.htm
76-10-505.5. Possession of a dangerous weapon, firearm, or sawed-off shotgun on or about school premises -- Penalties.
(1) As used in this section, "on or about school premises" means:
(a) (i) in a public or private elementary or secondary school; or
(ii) on the grounds of any of those schools;
(b) (i) in a public or private institution of higher education; or
(ii) on the grounds of a public or private institution of higher education; and
(iii) (A) inside the building where a preschool or child care is being held, if the entire building is being used for the operation of the preschool or child care; or
(B) if only a portion of a building is being used to operate a preschool or child care, in that room or rooms where the preschool or child care operation is being held.
(2) A person may not possess any dangerous weapon, firearm, or sawed-off shotgun, as those terms are defined in Section 76-10-501, at a place that the person knows, or has reasonable cause to believe, is on or about school premises as defined in this section.
(3) (a) Possession of a dangerous weapon on or about school premises is a class B misdemeanor.
(b) Possession of a firearm or sawed-off shotgun on or about school premises is a class A misdemeanor.
(4) This section does not apply if:
(a) the person is authorized to possess a firearm as provided under Section 53-5-704, 53-5-705, 76-10-511, or 76-10-523, or as otherwise authorized by law;
(b) the possession is approved by the responsible school administrator;
(c) the item is present or to be used in connection with a lawful, approved activity and is in the possession or under the control of the person responsible for its possession or use; or
(d) the possession is:
(i) at the person's place of residence or on the person's property; or
(ii) in any vehicle lawfully under the person's control, other than a vehicle owned by the school or used by the school to transport students.
(5) This section does not prohibit prosecution of a more serious weapons offense that may occur on or about school premises.
76-10-501 said:
(6) (a) "Dangerous weapon" means an item that in the manner of its use or intended use is capable of causing death or serious bodily injury.
(b) The following factors shall be used in determining whether a knife, or another item, object, or thing not commonly known as a dangerous weapon is a dangerous weapon:
(i) the character of the instrument, object, or thing;
(ii) the character of the wound produced, if any;
(iii) the manner in which the instrument, object, or thing was used; and
(iv) the other lawful purposes for which the instrument, object, or thing may be used.
(c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device as defined by Section 76-10-306.
It doesn't seem cut and dry. Pepper Spray doesn't cause death unless you drown them in the stuff and so far as I know does not cause serious bodily injury. Does it matter the short duration of the effect?
 

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It would appear then, that;
(c) "Dangerous weapon" does not include an explosive, chemical, or incendiary device as defined by Section 76-10-306.
would mean there should be no issue with anyone carrying a pepper spray for self defense regardless of age(?) or whether they do or do not have a concealed permit as you wouldn't have to worry if it were concealed in a purse, pocket or carried in hand.
 

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Discussion Starter · #5 ·
So... since it's not a "dangerous weapon" it therefore is legal for her to take into a school? (Sorry, my logic circuits are shorting out intermittently this afternoon)
 

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sarahbn said:
So... since it's not a "dangerous weapon" it therefore is legal for her to take into a school? (Sorry, my logic circuits are shorting out intermittently this afternoon)
You can buy it over the counter, with no background check or anything, at any number of places. Id find it hard to believe you would need a permit to carry it.
 

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I recently tried to figure out if there was an age restriction. I wasn't able to find anything that said there was. If someone comes up with something definitive, I'd really like to know.
 

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stop stop stop. If you read the section about Explosives, chemicals, or incendiary devices, you will read that pepper spray is *NOT* described in that section so far as I can tell. It's just not mentioned at all.
 

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I have tried to find any law with a Utah Age Restriction on Pepper Spray and have also come up empty handed. When I sell Pepper Spray I sell to 18 and over and leave the rest up to the parents, many of which will turn around and give it to their daughter and provide instruction to them. I sell that way as a way of protecting me and my side business after someone purchases it is always up to them what they do with any product they buy and hopefully they do not misuse it.
 

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For whatever it is worth, a cop told me years ago that pepper spray could be considered illegal depending on how it is used. According to him, the legality of it is in how it is used. He gave me the same answer for whether or not blowguns are legal.

Might not really be relevant since my discussion with him about this did not involve minors.

As to taking it to school, I do believe one could get in a lot of trouble if they did take it to school, most schools have a zero tolerance policy on weapons of any kind and they probably would consider pepper spray a weapon.

I think the best way to find out is to call the school and/or district and ask.
 

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Stang777 said:
For whatever it is worth, a cop told me years ago that pepper spray could be considered illegal depending on how it is used. According to him, the legality of it is in how it is used. He gave me the same answer for whether or not blowguns are legal.

Might not really be relevant since my discussion with him about this did not involve minors.

As to taking it to school, I do believe one could get in a lot of trouble if they did take it to school, most schools have a zero tolerance policy on weapons of any kind and they probably would consider pepper spray a weapon.

I think the best way to find out is to call the school and/or district and ask.
ANONYMOUSLY! Lest it be discovered whom your child is and they try to persecute her whether she/he has been taking spray to school or not. It has happened too often so be cautious. What they do not know is always good for you/your child, especially with these zero tolerance rules which are so stupid. I can say that from watching it in play for many years - so very stupid.
 

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Yea, I should have said anonymously as that is what I meant. That is why I said school and/or district as there is a good chance the school would recognize the voice of a mother. Not as great of a chance that someone at the district would. If you are well known at the district too, have someone else call and ask.
 

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Throw the zero tolerance right back at them. Sorry to be militant on this one, but make it clear to the school that your daughter will carry pepper spray. If you are told that she may not, that it is prohibited, I'd get that in writing. Make it explicitly clear that if she is sexually assaulted by any male at school, the school will be held liable, since they willfully and forcefully prevented her from any means of self defense.

Let them squirm over that one. Zero tolerance gives you a rock to bend them over. Might take a court case, but it may start the rollback of civil rights abuses that go on in the totalitarian schools.
 

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Daeyel said:
Throw the zero tolerance right back at them. Sorry to be militant on this one, but make it clear to the school that your daughter will carry pepper spray. If you are told that she may not, that it is prohibited, I'd get that in writing. Make it explicitly clear that if she is sexually assaulted by any male at school, the school will be held liable, since they willfully and forcefully prevented her from any means of self defense.

Let them squirm over that one. Zero tolerance gives you a rock to bend them over. Might take a court case, but it may start the rollback of civil rights abuses that go on in the totalitarian schools.
I love this Daeyel! I think you are right, it is about time we turned this gross negligence, irresponsible behavior/rule right back at them as hard as we can!
 
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