Login    
   
   
    Register FAQ  •  Search    

· Home ·   Forums ·  Who Are We? ·  What is Open Carry? ·  CCDW Process ·  FAQ ·  Contact ·  Terms ·

It is currently Sun Oct 21, 2018 9:07 pm

All times are UTC - 5 hours [ DST ]




Post new topic Reply to topic  [ 3 posts ] 
Author Message
 Post subject: DE Law On Pepper Spray For 16 YO --- Or Other SD Options
PostPosted: Sun Aug 05, 2018 10:55 am 
Offline
User avatar

Joined: Sat Jan 31, 2009 8:41 pm
Posts: 324
I've been doing some research on DE's law regarding pepper spray. Mainly because my child is 16 and will be driving alone very soon, and I'm considering some legal options for self-defense.

Here is what I've found so far:
TITLE 11
CHAPTER 2
§ 222 General definitions.
(4) "Dangerous instrument" means any instrument, article or substance which, under the circumstances in which it is used, attempted to be used or threatened to be used, is readily capable of causing death or serious physical injury, or any disabling chemical spray, as defined in paragraph (7) of this section or any electronic control devices including but not limited to a neuromuscular incapacitation device designed to incapacitate a person.
.....

(7) "Disabling chemical spray" includes mace, tear gas, pepper spray or any other mixture containing quantities thereof, or any other aerosol spray or any liquid, gaseous or solid substance capable of producing temporary physical discomfort, disability or injury through being vaporized or otherwise dispersed in the air, or any canister, container or device designed or intended to carry, store or disperse such aerosol spray or such gas or solid.


Then, in the following:
TITLE 11
CHAPTER 5
§ 1443 Carrying a concealed dangerous instrument; class A misdemeanor.
(c) For the purposes of this section, disabling chemical spray, as defined in § 222 of this title, shall not be considered to be a dangerous instrument.


Please correct anything that I have gotten wrong --- So, unless I'm missing something, it would appear that:
....any type, strength or size of pepper spray is legal in Delaware
....carrying it concealed is also legal
....I didn't find anything that places age limitations on carrying pepper spray. However, I found other internet articles that suggested no one under 18 could legally possess it???
....using it for Self-Defense purposes is legal

Anyway, this is what I'm considering for the vehicle while my child is driving alone:
FRONTIERSMAN Bear Spray

If anyone has other ideas, I'm certainly willing to consider other possibilities/options.

_________________
Violence, when there is an alternative, is immoral.
Violence, when there is no alternative, is survival.
-Unknown-

A battle avoided cannot be lost.
-Sun Tzu-


 Profile  
 Post subject: Re: DE Law On Pepper Spray For 16 YO --- Or Other SD Options
PostPosted: Sun Aug 05, 2018 8:29 pm 
Offline
User avatar

Joined: Sat Mar 17, 2012 5:17 am
Posts: 388
Location: Marshallton
I have one of those bear sprays... they're no joke! But, also not really practical for walking around with, around the same diameter as a can of hair spray. More for keeping under the seat in a car. I'd recommend a standard spray can for self-defense, they're just as strong (or better) but can fit in a pocket or purse easier.

As for your research, I did some brief searching myself and found a few pages saying that either purchase or posession by minors is prohibited, but with no links or code references. So, I searched through Title 11 (use the pdf- http://delcode.delaware.gov/title11/title11.pdf ) and the only other references besides the ones you show above were against using the spray in other crimes.

Based on that, there are no state-wide laws prohibiting posession or purchase of pepper spray for your or your child in Delaware.

But, there are smaller jurisdictions... I checked the New Castle County codes. Neither pepper spray or chemical spray or mace was found in a search of the codes. I also search the Wilmington city codes... chemical spray was found, but only in terms of paint booths or pesticides. Then I searched the Newark codes, no results. Same thing for New Castle City (just pesticides). And, since I apparently have nothing better to do... looked through Kent County and Dover city codes. again, no bans.
links- https://library.municode.com/de/new_cas ... ordinances
https://library.municode.com/de/wilming ... ordinances https://library.municode.com/de/newark/ ... ordinances
https://ecode360.com/NE1562?needHash=true
https://ecode360.com/KE1751
https://library.municode.com/de/dover/c ... ordinances

Since laws only prohibit actions and not allow them... no mention means you're good to go. (of course- I'm not a lawyer)


 Profile  
 Post subject: Re: DE Law On Pepper Spray For 16 YO --- Or Other SD Options
PostPosted: Sun Aug 05, 2018 8:52 pm 
Offline
User avatar

Joined: Sat Jan 31, 2009 8:41 pm
Posts: 324
Thank you!

I appreciate your time and efforts in doing that additional research. Your input is much appreciated!

_________________
Violence, when there is an alternative, is immoral.
Violence, when there is no alternative, is survival.
-Unknown-

A battle avoided cannot be lost.
-Sun Tzu-


 Profile  


Display posts from previous:  Sort by  
Post new topic Reply to topic  [ 3 posts ] 

All times are UTC - 5 hours [ DST ]


Who is online

Users browsing this forum: No registered users and 1 guest


You cannot post new topics in this forum
You cannot reply to topics in this forum
You cannot edit your posts in this forum
You cannot delete your posts in this forum

Search for:
Jump to:  


phpBB skin developed by: John Olson
Powered by phpBB © 2000, 2002, 2005, 2007 phpBB Group