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Thread: Pepper spray preemption law for Vitaeus

  1. #1
    Regular Member EMNofSeattle's Avatar
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    Pepper spray preemption law for Vitaeus

    So I was slightly wrong on ages, but WA state does give preemption for pepper spray. Hey good to meet everyone who was at the PO night out. I hope to remain for awhile on these forums. Thanks for allowing me to occupy your table!
    -Erik



    RCW 9.91.160
    Personal Protective Spray Devices


    (1) It is unlawful for a person under eighteen years old, unless the person is at least fourteen years old and has the permission of a parent or guardian to do so, to purchase or possess a personal protection spray device. A violation of this subsection is a misdemeanor.

    **** (2) No town, city, county, special purpose district, quasi-municipal corporation or other unit of government may prohibit a person eighteen years old or older, or a person fourteen years old or older who has the permission of a parent or guardian to do so, from purchasing or possessing a personal protection spray device or from using such a device in a manner consistent with the authorized use of force under RCW 9A.16.020. No town, city, county, special purpose district, quasi-municipal corporation, or other unit of government may prohibit a person eighteen years old or older from delivering a personal protection spray device to a person authorized to possess such a device.

    **** (3) For purposes of this section:

    **** (a) "Personal protection spray device" means a commercially available dispensing device designed and intended for use in self-defense and containing a nonlethal sternutator or lacrimator agent, including but not limited to:

    **** (i) Tear gas, the active ingredient of which is either chloracetophenone (CN) or O-chlorobenzylidene malonotrile (CS); or

    **** (ii) Other agent commonly known as mace, pepper mace, or pepper gas.

    **** (b) "Delivering" means actual, constructive, or attempted transferring from one person to another.

    **** (4) Nothing in this section authorizes the delivery, purchase, possession, or use of any device or chemical agent that is otherwise prohibited by state law.

  2. #2
    Regular Member Batousaii's Avatar
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    Good to Know!
    - Welcome to the forum, it was nice to meet you today.

    Bat
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  3. #3
    Regular Member Vitaeus's Avatar
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    Good to meet you and thanks for the cite, nice start to your forum career.

  4. #4
    Regular Member amlevin's Avatar
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    Nice to see that Schools are included in those "units of government" that are preempted.

    A side note on that, it sure pisses off a teacher I know that hates the idea a student can carry OC spray in her classroom (with parent permission). She thinks the stuff should be outlawed even for LEO's. Must have gotten a "snoot full" back when she was participating in Anti Vietnam Rallies".
    "If I shoot all the ammo I am carrying I either won't need anymore or more won't help"

    "If you refuse to stand up for others now, who will stand up for you when your time comes?"

  5. #5
    Regular Member EMNofSeattle's Avatar
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    Quote Originally Posted by amlevin View Post
    Nice to see that Schools are included in those "units of government" that are preempted.

    A side note on that, it sure pisses off a teacher I know that hates the idea a student can carry OC spray in her classroom (with parent permission). She thinks the stuff should be outlawed even for LEO's. Must have gotten a "snoot full" back when she was participating in Anti Vietnam Rallies".
    Yeah my high school handbook from my senior year says no pepper spray allowed without written permission from administration. Yet that regulation was illegal. I once had a teacher at my high school order me to remove and not bring to school a hat that simply said "team glock" on it. That was the only time I openly defied a teacher in high school and the dean of students agreed with me that the hat was ok to wear since it didn't advocate drugs or illegal activity.

  6. #6
    Regular Member tombrewster421's Avatar
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    Quote Originally Posted by EMNofSeattle View Post
    Yeah my high school handbook from my senior year says no pepper spray allowed without written permission from administration. Yet that regulation was illegal. I once had a teacher at my high school order me to remove and not bring to school a hat that simply said "team glock" on it. That was the only time I openly defied a teacher in high school and the dean of students agreed with me that the hat was ok to wear since it didn't advocate drugs or illegal activity.
    I actually carried a 4" lock blade knife and a Gerber multi-tool on my belt in high school. A student tried to tattle on me and my Spanish teacher told them that "it's not a weapon, it's a tool."

    I loved that teacher. He was awesome.

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