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?

In MICHIGAN

The Kimber PB is not a gun!

pepper spray isn't preempted either, so be careful.

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/(S(nj...g.aspx?page=GetObject&objectname=2010-HB-6053

:banana:

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/documents/2009-2010/publicact/pdf/2010-PA-0365.pdf

fire suppressor said:

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?

Click to expand...

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

I presently carry 10% Sabre Red.

alphamale said:

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/(S(nj...g.aspx?page=GetObject&objectname=2010-HB-6053

:banana:

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/documents/2009-2010/publicact/pdf/2010-PA-0365.pdf

Click to expand...

Thanks for the information

Sent from my DROID X2 using Tapatalk 2

alphamale said:

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.

Click to expand...

The web site says it's 10%

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. :banghead:

fsr402 said:

The web site says it's 10%

Click to expand...

fsr402 said:

The web site says it's 10%

Click to expand...

alphamale said:

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. :banghead:

Click to expand...

alphamale said:

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. :banghead:

Click to expand...

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

TheQ said:

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

I presently carry 10% Sabre Red.

Click to expand...

Good choice.

alphamale said:

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. :banghead:

Click to expand...

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.