Legal Question in Criminal Law in California
I was wondering what the angle is on using so-called "less lethal" self-defense devices, when there is someone breaking into your home. Specifically, when it comes to a real-looking paintball pistol loaded with Capsaicin/Pepper Spray balls. Are these pepper spray balls legal for civilians first of all? I heard that a court's position in this case would be: "If you feared for your life, you should have pulled the trigger of a real gun."
1 Answer from Attorneys
The Penal Code sections regarding pepper spray are located here: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=22001-23000&file=22810-22840
Those are Penal Code sections 22810 and the following sections.
As to the practicality, I personally would not want to be in a gun fight and armed only with a paintball or pepper spray gun.
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