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Encyclopedia entry

Penal Code 22810/12403.7 (Tear Gas and Pepper Spray Permit)

Regulates civilian purchase, possession, and use of tear gas and pepper spray, including permitting requirements tied to professional roles.

California restricts possession and use of tear gas weapons, including pepper spray, generally through provisions historically referenced as Penal Code section 12403.7 and now situated within the recodified weapons statutes (including section 22810). The law sets age, permit, and use-limitation rules, and provides specific pathways for security-related occupations to carry these devices when properly trained and, where required, permitted.

Many Sacramento retail, apartment, and patrol assignments authorize pepper spray as a lower-force option for officers who have completed required training, since it can create distance in a confrontation without physical contact. Client post orders typically specify whether pepper spray carry is authorized and under what conditions it may be deployed.

Use of pepper spray by a security officer remains subject to the same reasonable-force analysis as any other use of force — it is not a consequence-free option, and misuse (including use against a non-threatening or fleeing person) can create both criminal exposure under weapons-misuse statutes and civil liability. Officers should document any deployment thoroughly, including distance, warning given, and reason for use.

Permit and training requirements can change; verify current statutory text and BSIS or vendor-specific certification requirements before authorizing carry on any assignment.

Related entries

Official sources

  1. [1]Cal. Penal Code § 22810California Legislative Information

Links point to the publishing agency or the California Legislative Information text. Government pages are reorganized periodically — if a link moves, search the code section or agency name at the official site.

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General industry and regulatory usage — not legal advice, and not an endorsement by BSIS, the Department of Consumer Affairs, or any law-enforcement agency. Statutes, regulations, and local ordinances change; verify current text at the official government source or with your attorney.

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