Your Answer Here for: Will You Go to Jail if You Carry Pepper Spray & Use Lethal Force?
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Your Answer Here for: Will You Go to Jail if You Carry Pepper Spray & Use Lethal Force?

October 26, 2019


Have you ever heard somebody tell you
that you should not carry a firearm and also a less lethal tool (like pepper
spray) because if you are forced to shoot somebody in self-defense, then you will
automatically be arrested because you did not try to use that less than lethal
tool first? Well today we’re going to learn why that is mostly a myth, right
after the channel intro: so this is something that I have heard many times in this community: that you should not carry pepper spray (or some other form of
less lethal tool) along with your firearm (if you carry a firearm to defend
yourself) because if you shoot somebody in self-defense then you’ll
automatically be arrested because you did not try to use that less lethal tool
first. So today we’re going to see how that statement is malarkey, at least most
of the time. Now let’s just first clarify this: when I say “less lethal tool” I’m
talking about something like pepper spray or a stun gun or a Taser or
something like that. So here is something that I want you to consider, because this
will help you to understand if you must try to use less-lethal first if you’re
carrying a firearm and it’s a self-defense situation. So the first
thing to consider is: Does your self-defense situation justify
a deadly use of force reaction from you? And to kind of clarify that: your
attacker, is he presenting a deadly threat to you? Does he like have a knife?
Or does he have a gun? Or is he twice your size and half your age? Or is he
presenting some kind of a threat to you that would NOT pose a deadly threat to
you such as just wanting to push you (or something to that effect)? So to answer
this question for this video: most areas that allow self defenders to carry
weapons to defend themselves: they will NOT expect you to try pepper spray or
some other less-lethal tool first before resorting to your firearm in a true
deadly force situation. They’re not going to expect you to try to use your pepper spray first and then only resort to your firearm if your pepper
spray fails in a true life-or-death situation. Think about it this way: if I
am out in public and some guy pulls a knife out on me and I am carrying both
pepper spray and a in a firearm, and I am within his striking distance with that
knife: if I try to use my pepper spray first he will probably stab me a dozen
times (if not more) before that pepper spray takes effect to his eyes and
allows me to escape. And if I am carrying a typical stun gun
then that means that I have to be in arm’s reach of him to hit him with that
stun gun…. which then means that he is in his arm’s reach of me to stab me when I’m
trying to hit him with that stun gun. And as far as tasers are concerned: while
they are excellent self-defense tools, they do have a high failure rate. Taser
barbs get caught in folds of clothing, or sometimes one of the barbs misses…
there’s too much of a chance that a taser will not be effective when your
life is on the line. And one of the things that I’ve noticed in states or areas that have good strong self-defense laws that favor the self
defender instead of the criminal: is that most of these states laws will have this same word over and over again in their law, and that word is “REASONABLE.” So when you shoot somebody in self-defense (again this is in a state that has decent
self-defense laws) so when you shoot somebody in self defense, what the courts are
generally going to care about is: was the level of force that you used against the
bad guy…. was that level of force REASONABLE? and if a bad guy has pulled a knife on you, or is starting to pull a gun on you, or has a baseball bat out and getting ready to hit you: most areas that have good self-defense
laws will find that you using deadly force against an
attacker like that (such as shooting him) would be REASONABLE. So if you carry both pepper spray or a Taser or a stun gun (or whatever) and also a firearm, and then if
an attacker pulls a knife out on you and you shoot him: in most areas that have
actual self-defense laws, they’re not going to care if you had pepper spray
and if you tried to use that first or not. In most states: their Criminal Courts
(their judicial system) what they’re going to care about was if your
shooting of that bad guy was REASONABLE or not. First: most areas don’t want you
using deadly force against an attacker until it’s a last resort… until the point that if you don’t act… if you don’t defend yourself…
you’re going to die within seconds or within moments. To kind of simplify that:
if a guy calls you up and says: “Hey, tomorrow at noon I’m going to come to
your house and I’m going to shoot you.” So to preempt that, you go to his house that evening (you don’t wait till noon the next day) you go to his house that
evening, then you hide in his bushes, and then when he walks out of his house, you shoot him. You
know, in actuality, that is a self-defense shooting… but your life is not in
imminent danger because you weren’t going to to die till noon of the next
day (or have a possibility of dying till noon the next day. But if an
attacker approaches you in a parking lot or an alley or something like that, and he
pulls a knife out on you, that’s all it takes for him to inflict a potentially
deadly wound to you (simulating a knife jab) So again, if you live in an area that
actually allows self-defenders to carry weapons to defend
themselves: again they’re not going to expect you to try to use less-lethal
force first before resorting to your firearm, if you are in a situation where
you are going to die within seconds or moments if you don’t use force at that
moment to save your life. And you may notice in this video that I keep using
the terms “and in most states” or “in most areas.” And that’s because the
United States is made up of many different states, and we have to
remember that there is no one self-defense law that sweeps the entire
United States. And then heck, outside of the United States you’ve got different
countries that all have their different self-defense laws. For example: my state
has the Castle Doctrine law and also the Stand Your Ground law. That means that if
a burglar breaks into my house I don’t have to try to escape out of my house. If
a burglar breaks into my house, I can automatically start using deadly force
against that attacker because my state has the belief that if a burglar breaks
into your house that it’s pretty reasonable to believe that he’s not
there to bake you a birthday cake, there’s a real high probability that
he’s going to injure you. And then with the stand-your-ground law: if an
attacker starts to attack me my state has the belief that I am illegally where I’m at, therefore I do not have to
leave that area, and that the attacker should be the one that should be legally
expected to leave that area. But you as a self-defender: you need to know your
state or your area’s self-defense laws. While I am not expected to retreat in my state, are you expected to retreat in your area? Are you even allowed to carry a gun for self-defense?
Are you even allowed to carry pepper spray for self-defense? Now it’s also
important for us to remember that there are two(2) court systems at least across
much of the United States: there is the criminal court system where you stand to
lose your freedom if you’re convicted of a crime, and then there is the civil
court system where citizens can sue each other if they feel like one person has
wronged the other person. So that’s just important to remember, because if you
shoot a bad guy in self-defense, no matter how justified you are you still
risk being sued by that bad guy if he survives the shooting; or if
you fatally shoot the bad guy then his family can
still sue you in civil court. Now real quick: anybody can sue anybody for any reason in civil court. So when you do defend yourself against a bad guy, I’m not saying that
you’re automatically going to get sued, or that you’re automatically going to
lose in court… what I’m just saying is that you can get sued and that I’m not saying it’s automatically be a successful suit where
you lose in civil court. So in a case where you use deadly force to defend
yourself: while it may be deemed justifiable in criminal court (the cops
might come up patch on the back and say: “Hey, good shooting, good self-defense shooting; he was a bad guy, we arrest him every week and the courts just let him back out.”
You just have to remember that when it comes time to
civil court, that a greedy attorney may try to argue that you should have used your pepper spray or something like that before having
resorted to your firearm to defend yourself (even if it is it clearly a
deadly force situation for you). But even if you do only carry a firearm and you
don’t carry pepper spray or something else like that and you do use deadly
force to defend yourself: a greedy attorney could still sue you saying that
you should have carried pepper spray, and that you could have used that first
instead of going straight to deadly force. That’s just something to consider there.
So it’s just something to remember that anytime that you use that you use
force (whether it’s non-deadly force or deadly force) but anytime that you use
force to protect yourself and your attacker is injured… you always risk a
greedy attorney trying to get money out of you. And that is where belonging to
some kind of a legal defense fund like the USCCA (or something like that,
there’s a plenty of companies out there) but that’s where belonging to a legal
defense fund really comes in handy should you have to defend yourself;
especially if you end up havin to shoot somebody or use deadly force to defend
yourself. Having an an attorney that knows how to articulate how Use of Force
situations actually go down… having somebody like that on your side that
knows how to articulate and explain to a jury and to a judge… is really what is gonna really help you out tons in that
legal battle… that battle after your initial battle. Now personally I think it
is smart to carry both non-lethal and lethal self-defense weapons. Heck, while
I’m on duty I carry my taser, and pepper spray, and a baton and my firearm.
Simply put: less-lethal tools give you more options to
defend yourself. Let’s use an example: let’s say
another male (that’s close to my age and my size) gets mad at me or gets into an
argument with me over the last parking spot in a in a grocery store parking lot.
So again this male (that’s pretty close to my age and my size) he takes a
normal fighting stance with me… in my area, it would be illegal, it would be
unjustified for me to to shoot that guy. Now, that would be a situation that my
area would say that I was using deadly force in a situation that did not
justify deadly force. So that’s a situation where having something like
pepper spray would come in handy… that could possibly allow me to
spray that non-deadly attacker… and within a few moments (depending on your pepper spray) but within a few moments
his eyes will start closing up and making difficult for him to see me to
strike me, which would allow me to escape and keep out of that fight a little bit
easier. Now if that guy got me down on the ground and had me pinned down on the
ground and was on top of me started bashing my head into the into the
concrete or into the asphalt: now that would end up becoming a
different situation, that would go from a situation that initially was not a
deadly force situation and would turn into a deadly situation for
me. So that would be a situation where pepper spray would no longer be
reasonable to use. It would actually be transforming to a deadly force situation where you would have to use deadly force to save your life, to save your brains from getting
splattered on the sidewalk. And here’s a quick tip to know if you would be
justified in using pepper spray or some other tool like that: if you live in an
area that allows you to carry that for self-defense, here’s a real
quick tip if you would be justified to use that: if you would be justified, if
it would be reasonable for you to punch your attacker or tackle your attacker or
more… then you would usually be justified in using pepper spray to defend yourself
in that situation. And also folks most of the examples that I’m using here
is where you are a able-body male and your attacker is another able-body male
that’s approximately your same size. I don’t want to get into disparity of
force issues here, because that is a whole different video that can be hours
and hours long. And when I talk about disparity of force is situations where
you’re an elderly person and your attacker is much younger than you, or
you’re a normal sized guy and you’ve got a 300-pound pro-wrestler
attacking you, or a man attacking a female, etc. Now I do think that some
really really important things to remember for all self-defense situations
or confrontations are: first, don’t ever be the aggressor. And make it be known (if
possible) that you don’t want any part of that confrontation. And if somebody
starts yelling insults at you: instead of yelling insults back at them, just say
“hey just leave me alone, just let me be” or something like that. But again, just don’t do anything that would be that would escalate that confrontation. And don’t do
anything that would make it look like that you were a willing participant of
that confrontation. Do everything that would show that you didn’t want to
be a part of it, and that the other person was the aggressor and was the one
that escalated it. And then if you can safely remove yourself from that
situation, then try to do so. If you can start backing up and putting
your hands up and saying “hey look I don’t want any issues, I don’t want any
problems, my apologies, (or whatever)” if you can do that, that that those kind
of actions will help you legally should you end up having to defend yourself.
And killing somebody (or violence of any kind) should always be a last resort.
And you should only shoot somebody to save your life or somebody else’s life, and not just shoot shoot somebody as a convenient option. So again, if you hear somebody make the blanket
statement that if you carry both pepper spray or some other less lethal tool and
also a firearm, and you hear them say if you automatically use your firearm in
a deadly force situation that you’ll automatically go to jail: if you hear somebody make that blanket statement, again just know that more than likely they are talking malarkey.
So let’s now make this video a wealth of information for all people that may stumble across this video: so please comment below with your thoughts on this subject. And if you do
comment with the blanket statement that you will be arrested if you carry pepper
spray and also a firearm for self defense and you automatically use your firearm
in a deadly force situation without trying to use your pepper spray first:
then I want you to put your state’s criminal code in your comment, because this does two(2) things: if that law does exist in your state, then
it will educate other people that live in your state of that law. Plus it makes
you research your state’s laws. And if you would like to experience a video
that teaches valuable survival lessons in a post shtf scenario video series,
where you choose the path that the story takes you, then click on the video that
should be appearing at the top of the screen just about now to experience that.
And to learn how you can use your cell phone to keep yourself out of jail after
you’ve been forced to defend yourself, then click on the video that should be
appearing on the right side of the screen just about now. Anyways folks, if
you made it this far: hey, thank you very much for watching. and I pray that you
have a good night.

Only registered users can comment.

  1. When did you do your face reveal? And why is this the only video I got a notification from in a very long time? I absolutely love your channel and just assumed you were busy

  2. Same as my state of Arizona with Castle/Stand your ground. In Arizona, if your shooting is justified, it is difficult for family members to take you to Civil Court.
    Another example on YouTube is the police officer that shot and killed the off duty firefighter. Started out as a wrestling match, then firefighter got on top and started beating the cop in the face. I believe it happened in New York .

  3. In addition to a CZ75 compact, I carry pepper spray and an expandable baton. If their attack does not rise to the level of lethal force, more options are available. It's called continuum of force. When the cops were arresting the man who attempted to rob me at knife-point, he said, " You realize that you were justified to use your pistol instead of the baton?" I said , " Yeah, I know….but figured if I shot him the paperwork would taken all night."

  4. I am 68 yr old female. So most persons attacking me will probably be in better shape or stronger. I try to be aware of my surroundings. I lock my vehicle doors. I keep my home doors locked. I try to have my keys handy. I also look inside my vehicle before opening my doors. I periodically ✔ all doors & windows. I have set up noise traps @ doors we don't use as often. There are easy to remove in case of a fire. We keep our yard where most areas are visible from inside our home. I usually try to remove myself from any situation. Sometimes if you are aware of your surroundings, you can leave before a deadly force situation hits. Thanks for a great video, as always😊.

  5. Thank you— great stable information (as usual). When this video was loading I remembered an ad you do where I r cognized your voice. I thought… I’ll make a playful comment about that… then I said to myself, “no, if he wants to maintain his anonymity here then I’m not going to say anything.

    On a different note, our garden failed utterly this year. For my wife and I It was a disheartening disaster. We’d of starved this winter.

    Keep up the good work, sir.

  6. 717 people already been killed my Police Department probably because they were in fear of their life where those people armed I doubt it cops need to learn lesson are a bunch of jack off sounds just like you

  7. These Pro 2nd Amendment shirts make a great gift (for you or somebody else):
    https://teespring.com/stores/ethical-preparedness-store

    Buy your prepping gear here (it supports the channel):
    https://www.amazon.com/shop/ethicalpreparedness

  8. I always carry OC and when possible a handgun. It’s about options and following the use of force continuum used by city or sheriff dept in your state. If it’s a deadly threat then the use of force is justifiable. If your faced with several aggressive unarmed potential assailants you maybe justified pulling your firearm. This may stop the threat. If they start the monkey dance what will you do next shoot ? It’s a gray area as there is a potential the group of perhaps 3 people will attack you; but until then it’s only a potential threat.

    OC can be deployed much earlier and used ( again see a state LE department use of force continuum ) The citizen ( or even a off duty LEO ) has the goal to get away safety. OC will make it easier to get away. It’s very hard to breath when affected and seeing is not easy.

    In the states I am familiar with it can be expected the DA will send almost all shootings to a grand jury. It’s a political office sadly and expect it.

    This is a video all non LE and even LEO need to watch. Disparity of force is subjective and open to interoperation. A massively obese 30 yr old maybe justified in use of lethal force before a 65 yr old that works out daily and looks hard.

  9. This was great info, I appreciate that you shared its very important to know what your state laws are, in the event I am confronted with any of these variables. Thanks so much, blessings to you and family

  10. If you carry pepperspray or any other kind of defense spray test it before you carry it so you know how to operate it and how strong it is. There are big differences in the effectiveness. I have seen a guy getting sprayed who then got into a rage and tooled up a few security guys and breaking brass knuckles on someones head. So you have been warned.
    When you test it have babyshampoo and warm water handy and do it outside.

    When you carry any spray make sure you know what it`s legal to carry for. Here in germany pepperspray is only allowed to be carried if the intention is to use it against a animal attack not humans but if you end up to have to defend yourself you can defend yourself with what you got BUT you have to articulate that it`s for animals when asked. I like sabre red & TW1000 (i think, the TW i`d have to look up).

  11. I just stick with the Use of Force Continuum that I was ingrained with during my law enforcement career. Of course things never go as planned but it’s at least some kind of foundation to stand upon.

  12. i was told by an amazing civil lawyer that if i were involved n a deadly force situation, always press charges on the bad guy. if u do so, its almost impossible to get sued since the guilty party was the attacker.

  13. Just invested in bear spray. It's legal in all 50. It really works. I keep one in each vehicle for grizzlies, violent antifa and other wingnuts that I really don't want to shoot. (I also carry at a pistol all times, even at home.)

    I'm pushing 70 and even one vigorous young (wo)man could put me down. And you never know when you'll meet a grizzly in the city.

    Seriously, I'd rather safely go to jail for using spray than shoot someone.

  14. Surprised how some knives like the crkt sting are illegal in some states and entirely legal in Canada. Just like an asp, kinda shockingly how you cant carry one but can have a concealed carry. Best to grab these type of non lethal weapons before society and the law becomes millennials.

  15. Carry what you can legally and interpret what you think logically and understand the flawed logic as well but in shtf stay quiet and do what needs to be done safely and honestly

  16. The entire premise of a YouTube folklore is false. How silly is the logic where the government is going to force you to use words before you could use deadly force. In a very few small amount of States words has the same effect as a thrown punch. So let's bastardize this type of logic that you have to talk to a person before you can use deadly force because everybody has a mouth. Pepper spray must be used in a defensive display do not use pepper spray in a offensive manner because it is the same as deadly force.

  17. Great video and FYI you might as well kill the disguise because you're solar generator commercial played right before the video, LOL.

  18. Canada: Section 2 of the criminal code defines "weapon" as something that is intended to be used against a person — which includes self-defence, so pepper spray, electrical devices and baseball bats intended to be used against people. Specifically firearms and replica firearms are included. Section 88(1) prohibits carrying them in public. Carfying pepper spray that is intended to be used against bears or dogs, where such are around, could be argued to be legal.
    A pistol outside of your house must be locked and in a locked case with the ammunition separate, and can only be out if you are going from your house to your registered (singular) range or back with no stops. Violating that could well be 5 years even if the pistol was never shown outside the house or the range. That's under our federal Firearms Act.
    So yes, more possession of both self defense tools — even if never used — can send you to jail.

  19. I am a retired sergeant from the Philadelphia PD and Pennsylvania does have self defense laws, called "stand your ground" which applies any place you are legally at and against an intruder into your property and in some instances can be extended to the outside of your residence.

  20. Yes I was told that by a state trooper in Massachusetts God bless be safe. P. S I was also told its very from state to state but I always just carry a pistal and a knife.

  21. Great educational presentation as always. Living in a County in CA where it's impossible to get a concealed carry license, I have to choose what I carry carefully. I bought a Taser Pulse stun gun a couple years ago but agree with you that the chances of both barbs making good contact could be very low in many situations. Still though because of these anti 2A laws here in CA it's one of my better options against a potentially lethal attacker. I always carry Sabre pepper spray as well as an a EDC knife. But the knife is really just for EDC type tasks rather than self defense. Hopefully someday laws will change and I can use some of your very helpful tips for concealed carry. Not being able to properly protect my family when we are outside of our home is a travesty.

  22. WOW!!! And yet "law enforcement" folks commonely gun down people because they're in fear of their life…..give me a break!!!!!

  23. Anytime force is required, after action,
    "I thought he/she was going to kill me", "I need to go to the hospital" and "I need to speak to my lawyer" those should be the only 3 statements used until you have your lawyer present. Repeat as often as necessary.
    Great video, thanks

  24. There is several problems with Pepper Spray:

    1.) Pepper Spray is limited to the distance of the spray stream.

    2.) It is very difficult to accurately aim in the dark without a pre-spray.

    3.) Pepper Spray that has remained "idle" for awhile requires shaking to reactivate the chemical. That takes valuable time to make Pepper Spray a viable option.

    Most civilians don't realize that and just end up spraying the assailant in the face with water.

    4.) Pepper Spray has an expiration date. Even after shaking it up, expired Pepper Spray loses potency over time.

    Most civilians don't replace Pepper Spray regularly. Upon deploying it, all they might end up doing is spraying the assailant with water.

    5.) Less-than-lethal is a misnomer. These types of weapons can have adverse reactions that could inflict injury or death. What if the assailant is an asthmatic with a bad reaction to Pepper Spray and dies as a result of being sprayed?

    It could be argued that 6:7 people survive being shot by a pistol. It could be argued the assailant would be stopped by presenting the weapon, being shot in a non-lethal area, or shot once or twice in a critical area.

    6.) Defense attorneys and greedy litigants seek to get their clients off the charges by questioning the witnesses' ability to recall what they saw. After getting an acquittal, they might intimidate with a pricey civil suit.

    One argument would be questioning the assailant stealing the victim's property not worth the costs of a self-defense incident or shooting.

    That being said, situational awareness and not being a potential victim are paramount than carrying a lethal or less-than-lethal weapon. Unless the assailant is a rapist or serial killer, it's best not to put yourself in such situations if you can help it.

  25. OKAY ….lets start with your back drop and the lead in and the death music and the set up. Holy Fucking Shit Should I be scared. Well not exactly. Perhaps a more polished professional lead in may be more appropriate and beneficial. Just set the stage and convey your message and no need to rap up the INTRO to DEFON 4 level…just my first impression….. all righty now… that being said lets listen intently….

  26. For lethal force in AZ, here's a bit of guidance:
    Arizona follows the Castle doctrine, and recently also adopted a “Stand Your Ground” statute.

    Under the Castle doctrine, if you reasonably believe you or another person is in imminent danger of death or serious physical injury from someone else, you can use deadly force against that person to prevent:

    Arson of an occupied building;

    Illegal entry into a building or car to commit a felony or theft;

    Kidnapping;

    Manslaughter;

    Murder;

    Sexual assault;

    Child molestation;

    Sexual conduct with a minor;

    Armed robbery; or

    Aggravated assault.

    The Stand Your Ground statute is similar, and basically says that you have no duty to retreat from somewhere you are legally allowed to be (i.e. your house, your car, a restaurant, etc.), and can use deadly force if any of the situations of the Castle doctrine would apply.

    With that being said, always use your best judgement to decide what type of force is appropriate to defend yourself. Just because you do not have a duty to retreat does not mean you must use deadly force in every situation, even if you are justified in doing so.

    The source for this quote was PewPew Tactical.

    Actual statute is:

    Arizona Revised Statutes Title 13. Criminal Code § 13-411. Justification;  use of force in crime prevention;  applicability

    A. A person is justified in threatening or using both physical force and deadly physical force against another if and to the extent the person reasonably believes that physical force or deadly physical force is immediately necessary to prevent the other's commission of arson of an occupied structure under § 13-1704 , burglary in the second or first degree under § 13-1507 or 13-1508 , kidnapping under § 13-1304 , manslaughter under § 13-1103 , second or first degree murder under § 13-1104 or 13-1105 , sexual conduct with a minor under § 13-1405 , sexual assault under § 13-1406 , child molestation under § 13-1410 , armed robbery under § 13-1904 or aggravated assault under § 13-1204, subsection A , paragraphs 1 and 2.

    B. There is no duty to retreat before threatening or using physical force or deadly physical force justified by subsection A of this section.

    C. A person is presumed to be acting reasonably for the purposes of this section if the person is acting to prevent what the person reasonably believes is the imminent or actual commission of any of the offenses listed in subsection A of this section.

    D. This section includes the use or threatened use of physical force or deadly physical force in a person's home, residence, place of business, land the person owns or leases, conveyance of any kind, or any other place in this state where a person has a right to be.

  27. When you're 70 and in a frail condition just being pushed down can be life threatening. If I get pushed down my gun will come out. I was assaulted by a couple of punks in 2009 and I had used a cane for several years following an unsuccessful back surgery in 2002.

  28. Game and fish expect you to mace bear first then shoot it if you have to . But people nope doesn't matter shoot away

  29. Very well presented and great information! Everyone should definitely research their state's laws.

    I'm in TN and it was easy to find that we have Stand Your Ground and Castle Doctrine. I feel much safer knowing this and my neighbors and loved ones are safer now too.

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