is wasp spray legal for self defense?

The link below says "It's Illegal
Since wasp spray was not made for self-defense and is not labeled for self-defense, it is not legal for self-defense. In fact, because federal
law prevents the use of any pesticide to be used for anything besides
their labeled purposes, it is a felony to use wasp spray on a person.Jul
13, 2021"

It also claims that the user would face civil liability because it's not
a "legal defense tool". That seems inaccurate, that what would matter is
if used in self-defense and if the damage was more than appropriate,
just like the rules about using a club or gun or Windex.

But I'm not convinced. I see flaws in other parts of his answer (like,
It's never been officially tested, no proven records, stories are just
stories, no real evidence!), and though I've seen the warnings on
insecticides, I've always thought they had some other basis and goal
(although I don't know what) and basically that anything would be legal
for self-defense if the force used was not too much greater than the
force levied against the user (or some?? forumula like that).

Guns aren't labeled for self-defense either. One has to use his
imagination.

On Nextdoor, the same person who says it's illegal to use wasp spray, recommends a gun instead!! So I don't trust his opinion either.

https://mindfuldefense.com/8-reasons-not-to-use-wasp-spray-for-self-defense/


--
I think you can tell, but just to be sure:
I am not a lawyer.

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)

"micky" wrote in message news:v40ojhlbferrjobu2hov6c93ta1m3r1dcn@4ax.com...

is wasp spray legal for self defense?

The link below says "It's Illegal
Since wasp spray was not made for self-defense and is not labeled for >self-defense, it is not legal for self-defense. In fact, because federal
law prevents the use of any pesticide to be used for anything besides
their labeled purposes, it is a felony to use wasp spray on a person.Jul
13, 2021"

It also claims that the user would face civil liability because it's not
a "legal defense tool". That seems inaccurate, that what would matter is
if used in self-defense and if the damage was more than appropriate,
just like the rules about using a club or gun or Windex.

But I'm not convinced. I see flaws in other parts of his answer (like,
It's never been officially tested, no proven records, stories are just >stories, no real evidence!), and though I've seen the warnings on >insecticides, I've always thought they had some other basis and goal >(although I don't know what) and basically that anything would be legal
for self-defense if the force used was not too much greater than the
force levied against the user (or some?? forumula like that).

Guns aren't labeled for self-defense either. One has to use his
imagination.

On Nextdoor, the same person who says it's illegal to use wasp spray, >recommends a gun instead!! So I don't trust his opinion either.

https://mindfuldefense.com/8-reasons-not-to-use-wasp-spray-for-self-defense/

Regardless of how individual laws may be written, common sense would say
that if a person is in jeopardy of losing their life or suffering serious bodily injury, the use of just about anything to stop the attacker would be justified. Even if an archaic law is on the books and says otherwise, I
doubt the police would make an arrest or that the would-be victim would be prosecuted.
--

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)

"Rick" <rick@nospam.com> wrote:

"micky" wrote

is wasp spray legal for self defense?

The link below says "It's Illegal
Since wasp spray was not made for self-defense and is not labeled
for self-defense, it is not legal for self-defense. In fact,
because federal law prevents the use of any pesticide to be used
for anything besides their labeled purposes, it is a felony to use
wasp spray on a person.Jul 13, 2021"

It also claims that the user would face civil liability because
it's not a "legal defense tool". That seems inaccurate, that what
would matter is if used in self-defense and if the damage was more
than appropriate, just like the rules about using a club or gun or
Windex.

But I'm not convinced. I see flaws in other parts of his answer
(like, It's never been officially tested, no proven records,
stories are just stories, no real evidence!), and though I've seen
the warnings on insecticides, I've always thought they had some
other basis and goal (although I don't know what) and basically
that anything would be legal for self-defense if the force used
was not too much greater than the force levied against the user
(or some?? forumula like that).

Guns aren't labeled for self-defense either. One has to use his >>imagination.

On Nextdoor, the same person who says it's illegal to use wasp
spray, recommends a gun instead!! So I don't trust his opinion
either.

https://mindfuldefense.com/8-reasons-not-to-use-wasp-spray-for-self >>-defense/

Regardless of how individual laws may be written, common sense
would say that if a person is in jeopardy of losing their life or
suffering serious bodily injury, the use of just about anything to
stop the attacker would be justified. Even if an archaic law is
on the books and says otherwise, I doubt the police would make an
arrest or that the would-be victim would be prosecuted.

It's actually a bit more complicated than that. You're right that if
someone is in danger of death or great bodily injury, the use of any
force reasonable to stop that is justified. And so there would be no
criminal liability for the damage caused in that case.

However if someone happens to be carrying something illegal, and uses
that thing to save himself from death or great bodily injury, he can
still be prosecuted for having and/or using that illegal thing.

--
Stu
http://DownToEarthLawyer.com

--- SoupGate-Win32 v1.05
* Origin: fsxNet Usenet Gateway (21:1/5)