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Thread: Do CPL laws apply to Kimber's pepper blaster "gun"?

  1. #1
    Regular Member fire suppressor's Avatar
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    Do CPL laws apply to Kimber's pepper blaster "gun"?

    http://www.pepperblaster.com

    I have been looking at theses things or a few years now and still I am asking myself dose the state CPL laws apply to this new "gun" from Kimber? We all know it is not a gun but it dose resemble one in appearance. Kimber is now making holsters for it for EDC making it look all the more firearm in appearance. I know it is not a gun, you know it is not a gun but what would the police think? Do you think you could get a violation for covering up this pepper blaster with your jacket if it was in a holster and on your belt?
    "Fight like you train, train like you fight"

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    Regular Member dougwg's Avatar
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    The Kimber PB is not a gun!

  3. #3
    Regular Member TheQ's Avatar
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    Do CPL laws apply to Kimber's pepper blaster "gun"?

    pepper spray isn't preempted either, so be careful.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

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    If I remember Michigan has a 3% limit on the strength (oleoresin capsicum) and that might be the tripping point. I see nothing in that ad that indicated the concentration.

    Okay I found a wiki page quote "The state of Michigan allows "reasonable use" of spray containing not more than 10% oleoresin capsicum to protect "a person or property under circumstances that would justify the person's use of physical force".[47]"

    https://en.wikipedia.org/wiki/Pepper_spray


    still looking for an official source...


    more here..

    http://www.michiganvotes.org/Legislation.aspx?ID=117495


    getting closer..



    OKAY finally found something....

    http://www.legislature.mi.gov/%28S%2...e=2010-HB-6053



    The People of the State of Michigan enact:
    Sec. 224d. (1) As used in this section and section 224, “self-defense spray or foam device” means a device to which
    all of the following apply:
    (a) The device is capable of carrying, and ejects, releases, or emits 1 of the following:
    (i) Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients.
    (ii) A solution containing not more than 10% oleoresin capsicum.
    (b) The device does not eject, release, or emit any gas or substance that will temporarily or permanently disable,
    incapacitate, injure, or harm a person with whom the gas or substance comes in contact, other than the substance
    described in subdivision (a)(i) or (ii).
    (2) Except as otherwise provided in this section, a person who uses a self-defense spray or foam device to eject,
    release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum at another person is guilty of a misdemeanor,
    punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or both.
    (3) If a person uses a self-defense spray or foam device during the commission of a crime to eject, release, or emit
    orthochlorobenzalmalononitrile or oleoresin capsicum or threatens to use a self-defense spray or foam device during the
    commission of a crime to temporarily or permanently disable another person, the judge who imposes sentence upon a
    conviction for that crime shall consider the defendant’s use or threatened use of the self-defense spray or foam device
    as a reason for enhancing the sentence.
    (4) A person shall not sell a self-defense spray or foam device to a minor. A person who violates this subsection is
    guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or
    both.
    (201)
    EHB 6053
    Act No. 365
    Public Acts of 2010
    Approved by the Governor
    December 22, 2010
    Filed with the Secretary of State
    December 22, 2010
    EFFECTIVE DATE: December 22, 2010
    2
    EHB 6053
    (5) Subsection (2) does not prohibit either of the following:
    (a) The reasonable use of a self-defense spray or foam device containing not more than 10% oleoresin capsicum by a
    person who is employed by a county sheriff or a chief of police and who is authorized in writing by the county sheriff
    or chief of police to carry and use a self-defense spray or foam device and has been trained in the use, effects, and risks
    of the device, while in performance of his or her official duties.
    (b) The reasonable use of a self-defense spray or foam device containing not more than 10% oleoresin capsicum by a
    person in the protection of a person or property under circumstances that would justify the person’s use of physical
    force.
    This act is ordered to take immediate effect.


    the link>>> http://www.legislature.mi.gov/docume...10-PA-0365.pdf



    Quote Originally Posted by fire suppressor View Post
    http://www.pepperblaster.com

    I have been looking at theses things or a few years now and still I am asking myself dose the state CPL laws apply to this new "gun" from Kimber? We all know it is not a gun but it dose resemble one in appearance. Kimber is now making holsters for it for EDC making it look all the more firearm in appearance. I know it is not a gun, you know it is not a gun but what would the police think? Do you think you could get a violation for covering up this pepper blaster with your jacket if it was in a holster and on your belt?
    Last edited by alphamale; 01-11-2013 at 04:41 AM.

  5. #5
    Regular Member TheQ's Avatar
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    Do CPL laws apply to Kimber's pepper blaster "gun"?

    2% got changed to 10% back at the end of 2010, I think.

    I presently carry 10% Sabre Red.
    Last edited by TheQ; 01-11-2013 at 08:00 AM.
    Call for a cop, call for an ambulance, and call for a pizza. See who shows up first.

    I am not a lawyer (merely an omnipotent member of a continuum). The contents of this post are not a substitute for sound legal advice from a licensed attorney in your jurisdiction.

    Comments and views stated in my post are my own and do not necessarily represent the views of Michigan Open Carry, Inc. unless stated otherwise in the post.

  6. #6
    Regular Member fire suppressor's Avatar
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    Re: Do CPL laws apply to Kimber's pepper blaster "gun"?

    Quote Originally Posted by alphamale View Post
    If I remember Michigan has a 3% limit on the strength (oleoresin capsicum) and that might be the tripping point. I see nothing in that ad that indicated the concentration.

    Okay I found a wiki page quote "The state of Michigan allows "reasonable use" of spray containing not more than 10% oleoresin capsicum to protect "a person or property under circumstances that would justify the person's use of physical force".[47]"

    https://en.wikipedia.org/wiki/Pepper_spray


    still looking for an official source...


    more here..

    http://www.michiganvotes.org/Legislation.aspx?ID=117495


    getting closer..



    OKAY finally found something....

    http://www.legislature.mi.gov/%28S%2...e=2010-HB-6053



    The People of the State of Michigan enact:
    Sec. 224d. (1) As used in this section and section 224, “self-defense spray or foam device” means a device to which
    all of the following apply:
    (a) The device is capable of carrying, and ejects, releases, or emits 1 of the following:
    (i) Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients.
    (ii) A solution containing not more than 10% oleoresin capsicum.
    (b) The device does not eject, release, or emit any gas or substance that will temporarily or permanently disable,
    incapacitate, injure, or harm a person with whom the gas or substance comes in contact, other than the substance
    described in subdivision (a)(i) or (ii).
    (2) Except as otherwise provided in this section, a person who uses a self-defense spray or foam device to eject,
    release, or emit orthochlorobenzalmalononitrile or oleoresin capsicum at another person is guilty of a misdemeanor,
    punishable by imprisonment for not more than 2 years, or a fine of not more than $2,000.00, or both.
    (3) If a person uses a self-defense spray or foam device during the commission of a crime to eject, release, or emit
    orthochlorobenzalmalononitrile or oleoresin capsicum or threatens to use a self-defense spray or foam device during the
    commission of a crime to temporarily or permanently disable another person, the judge who imposes sentence upon a
    conviction for that crime shall consider the defendant’s use or threatened use of the self-defense spray or foam device
    as a reason for enhancing the sentence.
    (4) A person shall not sell a self-defense spray or foam device to a minor. A person who violates this subsection is
    guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or
    both.
    (201)
    EHB 6053
    Act No. 365
    Public Acts of 2010
    Approved by the Governor
    December 22, 2010
    Filed with the Secretary of State
    December 22, 2010
    EFFECTIVE DATE: December 22, 2010
    2
    EHB 6053
    (5) Subsection (2) does not prohibit either of the following:
    (a) The reasonable use of a self-defense spray or foam device containing not more than 10% oleoresin capsicum by a
    person who is employed by a county sheriff or a chief of police and who is authorized in writing by the county sheriff
    or chief of police to carry and use a self-defense spray or foam device and has been trained in the use, effects, and risks
    of the device, while in performance of his or her official duties.
    (b) The reasonable use of a self-defense spray or foam device containing not more than 10% oleoresin capsicum by a
    person in the protection of a person or property under circumstances that would justify the person’s use of physical
    force.
    This act is ordered to take immediate effect.


    the link>>> http://www.legislature.mi.gov/docume...10-PA-0365.pdf
    Thanks for the information

    Sent from my DROID X2 using Tapatalk 2
    "Fight like you train, train like you fight"

  7. #7
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    Quote Originally Posted by alphamale View Post
    If I remember Michigan has a 3% limit on the strength (oleoresin capsicum) and that might be the tripping point. I see nothing in that ad that indicated the concentration.
    The web site says it's 10%

  8. #8
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    Obviously that's why I included the info, and it was a maximum of 3% till 2010. After writing the first comment I went and researched it and left the official law to speak for itself. Instead of changing what I said to pretend I know it all (like some here) I was honest and allowed him to see the Michigan law and how it changed from 3% to 10%... in 2010. That's what IO get for being honest I guess.


    Quote Originally Posted by fsr402 View Post
    The web site says it's 10%

  9. #9
    Regular Member FreeInAZ's Avatar
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    Quote Originally Posted by fsr402 View Post
    The web site says it's 10%
    Quote Originally Posted by alphamale View Post
    Obviously that's why I included the info, and it was a maximum of 3% till 2010. After writing the first comment I went and researched it and left the official law to speak for itself. Instead of changing what I said to pretend I know it all (like some here) I was honest and allowed him to see the Michigan law and how it changed from 3% to 10%... in 2010. That's what IO get for being honest I guess.
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  10. #10
    Regular Member fire suppressor's Avatar
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    Re: Do CPL laws apply to Kimber's pepper blaster "gun"?

    Quote Originally Posted by alphamale View Post
    Obviously that's why I included the info, and it was a maximum of 3% till 2010. After writing the first comment I went and researched it and left the official law to speak for itself. Instead of changing what I said to pretend I know it all (like some here) I was honest and allowed him to see the Michigan law and how it changed from 3% to 10%... in 2010. That's what IO get for being honest I guess.
    No problems on my end I followed your posts perfectly. I even prefer you correcting your self on different posts, this enables me to correct and defend myself if someone quotes me the old MCL

    Sent from my DROID X2 using Tapatalk 2
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  11. #11
    Michigan Moderator DrTodd's Avatar
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    Re: Do CPL laws apply to Kimber's pepper blaster "gun"?

    Quote Originally Posted by TheQ View Post
    2% got changed to 10% back at the end of 2010, I think.

    I presently carry 10% Sabre Red.
    Good choice.
    Giving up our liberties for safety is the one sure way to let the violent among us win.

    "Though defensive violence will always be a 'sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men." -Saint Augustine

    Disclaimer – I am not a lawyer! Please do not consider anything you read from me to be legal advice.

  12. #12
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    Quote Originally Posted by alphamale View Post
    Obviously that's why I included the info, and it was a maximum of 3% till 2010. After writing the first comment I went and researched it and left the official law to speak for itself. Instead of changing what I said to pretend I know it all (like some here) I was honest and allowed him to see the Michigan law and how it changed from 3% to 10%... in 2010. That's what IO get for being honest I guess.
    Was not talking about the MI law. Simply stating that the Kimber spray is listed at 10%. Your post stated that you did not know what it was. Nor did you correct or indicate you had found this information. But keep banging your head, it's doing wonders.
    Last edited by fsr402; 01-15-2013 at 01:47 PM.

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