Florida is a hot spot for tourism, with our beaches, sports teams, theme parks, and overall beauty attracting millions each year. Despite crime rates routinely falling year over year here in the Sunshine State, you should never be too lax in your preparation against potentially violent criminals. Most muggings and attempted robberies of Florida citizens occur in locations where tourism is high, and criminals think they can get a quick score of cash from an unsuspecting visitor. If you are assaulted in Florida, you have the right to defend yourself. Today, we will discuss the legal implications of carrying pepper spray and the misunderstandings many Florida citizens have.
Pepper Spray Basics
Most people know about pepper spray but do not know any regulations surrounding it. Unlike a deadly weapon like a gun or knife, pepper spray is a relatively simple and unregulated tool that is still massively helpful in keeping you and your property safe from criminals. In simple terms, almost every American adult (not just Floridians) that has not had a recent criminal felony conviction is allowed to carry pepper spray for use in self-defense situations. The limiting factor is size, with the maximum permitted amount set at 2oz at any given time. However, most pepper spray sold in stores already follows this restriction, meaning carrying one canister of pepper spray at a time should be well within the law. Unless otherwise specified, pepper spray can also be carried in most public areas without concern, especially if it remains concealed and not brandished.
Self-Defense With Pepper Spray
If you are traveling to an unsafe area or just want an extra layer of protection in your daily life, pepper spray or other similar chemical sprays are a great thing to pick up. Florida law allows for the use of pepper spray against potential assailants as long as it can be shown that you reasonably believed at the time that using the spray was necessary to stop the imminent use of dangerous or unlawful force against yourself or another person. The complications arise when the person pepper sprayed contests the threat they posed to the other party, as pepper spray can be extremely painful and a disproportionate response in certain circumstances. At all times, try to de-escalate and remove yourself from the situation before deploying pepper spray.
Is Pepper Spray Hard To Obtain?
Many recommend pepper spray for self-protection because it is relatively simple and easy to obtain as long as you go through legal methods. Any large chain store that deals with outdoor gear, personal protection, or similar products should have chemical sprays ranging from personal protection from human assailants or animal encounters. You can also easily import pepper spray from other areas of the country into Florida. If you purchase multiple canisters of spray at one time, remember that the maximum amount allowed to be carried at one time is 2oz. This usually means that a single canister is all you can wield. If you ever discharge your canister, swap it out for a fresh can to ensure you have enough to protect yourself in a future encounter.
Sometimes it can be confusing in the aftermath of an incident to determine the exact details of what happened – who was at fault, who was injured, and who is liable. If you have been involved in a situation and believe you have been harmed illegally, call the personal injury attorneys at Probinsky & Cole. With convenient offices in Orlando, Sarasota, and Tampa, we are always ready to help.
