Pepper spray, etc.

[JAB]

I often carry spray even when I am carrying a firearm. I figure it is good to have options. Thing is, from what I have found, TN state law is a lot more clear on when it is legal to use a firearm in SD than when it is legal to use pepper spray. For instance (and this is a hypothetical, not something that has happened to me), some jackhole - maybe a drunk jackhole - decides he wants to fistfight for one stupid reason or another. Of course I wouldn't feel justified or want to shoot him but I also have no desire to get into a fistfight like a couple of fifth graders on the school playground. So, anyone know the relevant laws regarding when it is clearly legal to spray him? When it is obvious that he means to start a physical altercation, after he actually throws a punch, etc.

[Pain103]

I don't know of any particular defined statute regarding O.C. spray/pepper spray. But most times that civilians have used it basically equaled simple assault or was in defense. I tried to think of a easy way to describe and maybe this won't make sense but I think it's clear. If you believe you are in immediate danger of an assault or being assaulted you should be fine to use spray in defense.

PS It usually works well on dogs too. If you are out and a dog leaves their property to come after you give them a shot they usually go bury their face in the dirt.

Edited July 29, 2010 by Pain103

[Fallguy]

I don't think you will find any law specifically about pepper spray or its use.

I think it is going to go back to the self-defense law 39-11-611, specifically part ((1) that says...

Notwithstanding § 39-17-1322, a person who is not engaged in unlawful activity and is in a place where the person has a right to be has no duty to retreat before threatening or using force against another person when and to the degree the person reasonably believes the force is immediately necessary to protect against the other's use or attempted use of unlawful force.

So the questions on the use of force (pepper spray in this case) will be....

• Was it the minimal degree needed to stop the attacker or at least not greatly more than needed?
  
• Did you reasonably believe it was needed?
  
• Was the attacker using or attempting to use unlawful force against you?
  

Just my opinion anyways....

[JAB]

Thanks for the replies. Fallguy, that is about what I was thinking but was wondering if I had missed something a little more 'specific' about its use. Sounds like I haven't.