The use and possession of tear gas in California is heavily regulated—far more than most people realize. Whether you carry pepper spray for self-defense, work in security, or are simply researching California weapon laws, understanding California Penal Code § 22810 is essential. This law outlines who can possess tear gas, how it must be used, and what happens if someone misuses it.
This comprehensive guide walks you through everything you need to know about California’s tear gas laws in clear, easy-to-understand terms—without legal jargon, without confusion, and without risking copyright infringement.
What Is Tear Gas Under California Law?
In everyday conversation, “tear gas” often refers to any chemical agent that causes eye irritation and discomfort. But California law distinguishes between different types of chemical agents.
Under Penal Code § 22810, “tear gas” refers to:
Chemical agents intended to cause tearing,
Discomfort or temporary incapacitation, and
Temporary loss of vision or breathing difficulty.
This includes products commonly known as:
CS gas
CN gas
Certain other chemical irritants
Pepper spray (oleoresin capsicum) is not technically classified as tear gas, but California regulates it in a similar manner. For clarity, this article covers both as they relate to compliance under PC § 22810.
Why Does California Regulate Tear Gas?
California regulates tear gas for several reasons:
Public Safety: Misuse can cause serious injuries, respiratory issues, or blindness.
Potential for Abuse: Tear gas can be used offensively in crimes such as assault or kidnapping.
Escalation Risks: Improper use can create dangerous situations, including panic in public spaces.
Access Control: Limiting distribution helps prevent unlawful possession by minors, individuals with violent criminal records, or those with certain mental health conditions.
The goal of Penal Code § 22810 is not to eliminate self-defense tools, but to ensure they are used responsibly, lawfully, and only when necessary.
What California Penal Code § 22810 Actually Says
PC § 22810 sets clear rules governing the possession, use, and sale of tear gas and tear gas weapons.
Here is what the law covers in detail:
1. Who Is Allowed to Possess Tear Gas in California?
Most adults 18 years or older may legally possess tear gas or pepper spray for self-defense purposes. However, certain restrictions apply (covered below).
Those permitted to possess tear gas include:
✔ Civilians for Self-Defense
California allows adults to carry tear gas or pepper spray devices up to 2.5 ounces in net weight.
✔ Law Enforcement
Police officers and certain government personnel may carry and deploy tear gas in the line of duty.
✔ Licensed Security Personnel
Some security officers may possess tear gas if:
They hold the proper license,
Have received state-approved training, and
Carry only approved devices.
2. When Is Tear Gas Use Considered Lawful?
✔ Self-Defense
The most common lawful use is personal protection against:
Assault,
Sexual assault,
Robbery, or
Other physical threats.
The use must be reasonable and proportionate to the danger. Spraying someone in a non-threatening situation can still lead to criminal charges.
✔ Defense of Others
You may legally deploy tear gas to protect another person if they are in immediate danger.
✔ Law Enforcement Scenarios
Police may lawfully use tear gas for crowd control, riot response, tactical entries, or specific operational needs.
When Possession or Use of Tear Gas Becomes Illegal
California Penal Code § 22810 lists several situations that make possession or use unlawful.
1. Using Tear Gas for an Unlawful Purpose
It is illegal to use tear gas:
As retaliation,
To intimidate,
During an argument,
In a prank,
During the commission of a crime.
Even if someone legally owns tear gas, using it outside of lawful self-defense can result in serious criminal charges.
2. Possessing Tear Gas if You Are Legally Prohibited
Certain individuals may not possess tear gas or pepper spray at all, including:
People previously convicted of felonies
Individuals with certain violent misdemeanor convictions
Anyone addicted to narcotics
Minors under 18 (unless emancipated)
Individuals prohibited from possessing firearms
Possession in these cases can lead to additional criminal penalties.
3. Misusing Tear Gas During a Physical Altercation
Even if a person feels upset or emotional, using tear gas in situations like:
Arguments,
Minor confrontations,
Verbal disputes, or
Non-violent disagreements
is not considered lawful self-defense.
4. Selling Tear Gas Without Authorization
California restricts the sale of tear gas to:
Licensed firearms or security dealers, and
Approved retailers of self-defense products.
Selling tear gas without the proper authorization can result in misdemeanor or felony charges.
Penalties for Violating California Penal Code § 22810
Violations of § 22810 can lead to severe legal consequences, depending on the conduct involved.
1. Misdemeanor Penalties
Some violations are charged as misdemeanors, including:
Possessing tear gas when prohibited,
Minor misuse of tear gas,
Selling tear gas without proper authorization.
Potential penalties:
Up to 1 year in county jail
Fines up to $1,000 to $10,000
Confiscation of the device
Probation
2. Felony Penalties
Felony charges may apply when:
Tear gas is used during the commission of a crime,
Someone is injured,
The use is malicious or intentional,
The defendant is prohibited from possession.
Potential penalties:
Up to 3 years in state prison
Higher fines
A permanent criminal record
Enhanced sentencing if bodily harm occurs
Because tear gas is considered a “weapon,” its unlawful use can also lead to additional charges such as:
Assault with a chemical agent
Battery causing injury
Assault with a deadly weapon
Is Pepper Spray Covered Under Penal Code § 22810?
Pepper spray is regulated under the same chapter, but it is treated slightly differently:
Allowed
Anyone 18+ may possess pepper spray for self-defense.
No permit required.
Not Allowed
Misuse (spraying someone in anger or as a joke)
Carrying more than 2.5 ounces
Possession by prohibited individuals
Using pepper spray indiscriminately can still lead to charges under § 22810 or related assault statutes.
Examples of Illegal Use Under Penal Code § 22810
To better understand the law, here are common scenarios that lead to charges:
❌ Spraying someone during a verbal argument
❌ Using tear gas in a road rage incident
❌ Spraying a coworker or classmate as a joke
❌ Using pepper spray on an unarmed person who poses no threat
❌ Selling tear gas to a minor
❌ Possessing tear gas after a felony conviction
Even if the spray is small or non-lethal, using it unlawfully is treated as a serious matter.
Defenses to California Penal Code § 22810 Charges
Someone accused of violating § 22810 may raise several defenses, depending on the facts.
Common legal defenses include:
✔ Self-Defense or Defense of Others
If the person reasonably believed the spray was needed to prevent injury.
✔ Lack of Intent
Accidental discharge or misunderstanding may reduce or eliminate criminal liability.
✔ False Accusations
Disputes, personal conflicts, or misunderstandings may lead to wrongful allegations.
✔ Lack of Knowledge
In some cases, a person may not have known they were prohibited from possessing tear gas.
✔ Improper Police Procedure
Mistakes during search, seizure, or arrest can lead to case dismissal.
A skilled criminal defense attorney can identify which defenses apply and build a strong case.
Why Understanding Penal Code § 22810 Matters
Many Californians carry pepper spray without fully understanding the law. Misuse—even unintentionally—can lead to:
Criminal charges
Jail time
Financial penalties
Permanent criminal records
Understanding your rights and responsibilities helps you stay protected both legally and physically.
Facing Charges Under Penal Code § 22810? Southwest Legal Can Help.
If you or someone you know has been accused of unlawfully possessing or using tear gas under California Penal Code § 22810, you should NOT face the legal system alone. These cases can be complex—and the consequences can be life-changing.
Southwest Legal provides:
Aggressive defense
Personalized case strategies
Experienced criminal attorneys
📞 Contact us today for a confidential consultation and get the defense you deserve.
Your future matters—let Southwest Legal protect it.
