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Discussion Starter #1
can those with a felony conviction carry pepper spray?
got a call asking me about said subject.



a contractor friend's wife got busted for cocaine possession in '83.
been in no trouble since...but it's still on record

I'm sure state's laws vary (we're in Ohio) , but are there fed regs on such?

thanks

..L.T.A.
 

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The Feds won't prosecute a Felon with a gun, unless it is an add-on to other slam dunk Felonies, why would they care about pepper spray ? Local and state laws vary about carrying pepper spray and taser like weapons and may prohibit a felon, or even a non felon, from carrying those.
 

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In most states pepper spray can be purchased at any sporting goods store without so much as asking for ID. I'm no lawyer but I can't imagine anyone wanting to bust a female for carrying pepper spray even if she once got into trouble 30+ years ago.
 

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Technically no. Not in Idaho anyways. Felons are not allowed to have a weapon of any kind. But I seriously doubt she would get in any kind of trouble for it.
 

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In most states pepper spray can be purchased at any sporting goods store without so much as asking for ID. I'm no lawyer but I can't imagine anyone wanting to bust a female for carrying pepper spray even if she once got into trouble 30+ years ago.
Always wise to double check local laws, but this seems reasonable. It might be different if said pepper spray was used for some nefarious activity it may be looked upon differently.
 

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Now Cappi ... Haven't you been around long enough to know better than seeking legal advice on an internet forum?

That said, I know of no restrictions. But I'm not a criminal attorney either.
 

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Cappi, why doesn't your friends wife try and get her record expunged?

32 years without anything else on her record, should be easy enough to have done.
 

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Illegal? Maybe possibly kinda sorta. But it's also illegal to drive 56 in a 55 zone.

No need to milk this mouse. I doubt any cop or DA would even bother with this.
 

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Discussion Starter #9
Cappi, why doesn't your friends wife try and get her record expunged?
already suggested that so she can get her CCW.
just hasn't happened yet


Haven't you been around long enough to know better than seeking legal advice on an internet forum?

LOL..certainly have, Denver
I do find it interesting that's there's always two lawyers in every court rm that disagree though...:p


I personally know of no specific regs .
I'm also of the opinion that no cop worthy of wearing a uniform would give her any grief

just thought I'd ask is all


..L.T.A.
 

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I bought some for my daughter and it did not require a firearm owners id which is required for just about anything gun related. I my LGS said anyone could buy it… but there are probably two lawyers out there that would argue for or against.
 

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Cappi, why doesn't your friends wife try and get her record expunged?

32 years without anything else on her record, should be easy enough to have done.
Varies state-by-state.
Virgina is very unlikely to expunge a felony for anything best the best of reasons.
The court takes the view it is what it is and is very reluctant to second guess.
 

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Cappi, why doesn't your friends wife try and get her record expunged?

32 years without anything else on her record, should be easy enough to have done.

That's not so easy & depends on whether Federal or State charges. Federal pardons are far more difficult to obtain now, despite the recent Obama debacle.
 

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I'm also of the opinion that no cop worthy of wearing a uniform would give her any grief
In California a convicted felon cannot possess pepper spray or other chemical weapons. I'm disappointed in your comment I quoted...it shows a complete lack of belief in personal accountability. In other words you feel that a cop is "unworthy" to perform their duties if they choose to enforce a law that you don't personally agree with. Of course your friend's wife bears no responsibility herself for the restrictions now imposed on her...it's not her fault she possessed cocaine in her past. Personally I believe we've all done one stupid thing or another...what I don't believe is that this lets us off the hook for the consequences.
 

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I doubt any cop or DA would even bother with this.
I doubt they would either, unless it became an issue. In other words if she was caught doing something else illegal, they would be very likely to add it as an additional charge. As an example, if she used it in a self defense situation that completely justified it, they may overlook it. If she used it during a disturbance that she could just as easily have walked away from, you better believe it will become an issue.
 

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here in Mass. a special FID is required to purchase or carry pepper spray . requires a background check . so here the answer is no .
In Massachusetts I think there's a 15-day waiting period on packs of rubber bands, so no that wouldn't surprise me.
 

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She can buy it and if it becomes an issue say she is worried about bears or coyotes.
Using that logic, she should just carry a handgun. It's the legality that's in question and the question is best answered by an attorney in the jurisdiction where she resides. To assume the police won't care is skating on very thin ice given the potential repercussions if some officer decides to make an issue of it.
 
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