Legal Question in Criminal Law in Texas

can a convicted felon carry animal pepper spray in texas


Asked on 9/08/13, 12:17 pm

1 Answer from Attorneys

Cynthia Henley Cynthia Henley, Lawyer

Look at this portion of the statute as applies to a convicted felon: 46.04 of the Texas Penal code (http://law.onecle.com/texas/penal/46.04.00.html). It does not mention pepper spray (or a chemical dispensing device which is what you are asking about.)

In the list of what is unlawful to possess by anyone, the only mention close to pepper spray is in Texas Penal Code 46.01 (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 only other possible prohibition I can think of at this point is any specific rules if you are on parole (or probation.)

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Answered on 9/25/13, 12:46 pm


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