Pepper gun police grade! jpx 4

[Dawn]

Ok - here’s what I’ve found after a quick search.

From the company’s website:

DOES THE JPX NEED TO BE REGISTERED? Since the JPX is not considered a firearm, it doesn’t require registration in most states. It is considered a pepper spray dispenser and only states that require pepper registration may have issues. We know that NY state is one state that requires this. We recommend that you check local laws if you have any specific questions about your state. Carrying the JPX is no different then carrying pepper spray. Again check your local laws because the JPX does fire with a blank charge. If your local law enforcement question that the JPX fires with a primer making it a firearm, the ATF specifically addresses this in that it fires only liquid and not a projectile. Tasers also fire with a charge and do fire a projectile and in most states are not considered firearms. We do not imply that any state or jurisdiction may not consider the JPX a firearm. Certain states in the northeast have very restrictive laws and may vilify any product that looks or shoots like a gun.

From the USCCA Reciprocity Map:

Based on the state laws, only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use and the dangers involved in its use, and dated to indicate its anticipated useful life.

Looking at the internal replacement canisters to get a better view, you can see the details requested.

However, will that be considered a good enough label or does it need to be showing? (Is a regular pepper spray in a “holster” considered good enough label?)

It appears that you might be able to carry it in MN - I would suggest talking to your local law enforcement or self-defense attorney for a more solid answer as they know the laws in your area and how they might be interpreted in the judicial system.

I’ve got a couple of curiosity questions for you:

Why do you want to carry this specific pepper spray? It looks like a real gun enough that it could be mistaken for a gun by the public and police officers.

Would you carry this and a firearm? It’s really big compared to other pepper sprays.

Is the cost worth the difference in size? It’s very expensive compared to regular pepper spray canisters.

Does that help?

[Dawn]

There were two topics about the JPX4 so I’ve combined them here. ~Dawn

[robert264]

Dear Dawn

Thanks for all your help Dawn.

Yes, I would carry this pepper gun.

I prefer a non lethal weapon for concealed/ carry. I do not want to ever have to stop a threat with a lethal weapon. By the way I am a full time member of the Red River Marksmanship Center (Fargo / Moorhead)

I do have Minnesota permit for concealed/carry.

The confusion that I am experiencing is the Minnesota law regarding definition of (aerosol canister)., and/or combined with the fact that I hold a Minnesota concealed permit.

Does the Minnesota conceal carry permit law take precedence over the Minnesota pepper spray law?

I emailed the Clay county Sheriff on 1/22/2019. His initial thought is that the JPX 4 would be legal to carry because it would not be considered a deadly weapon. He wrote that this is a unique question and he is now waiting for a the opinion of the the county prosecuting attorney.

Thank you for helping me.

Sincerely,

Robert

Dawn
USCCA Community Manager

    December 2

Ok - here’s what I’ve found after a quick search.

From the company’s website:

DOES THE JPX NEED TO BE REGISTERED? Since the JPX is not considered a firearm, it doesn’t require registration in most states. It is considered a pepper spray dispenser and only states that require pepper registration may have issues. We know that NY state is one state that requires this. We recommend that you check local laws if you have any specific questions about your state. Carrying the JPX is no different then carrying pepper spray. Again check your local laws because the JPX does fire with a blank charge. If your local law enforcement question that the JPX fires with a primer making it a firearm, the ATF specifically addresses this in that it fires only liquid and not a projectile. Tasers also fire with a charge and do fire a projectile and in most states are not considered firearms. We do not imply that any state or jurisdiction may not consider the JPX a firearm. Certain states in the northeast have very restrictive laws and may vilify any product that looks or shoots like a gun.

From the USCCA Reciprocity Map:

Based on the state laws, only if it is propelled from an aerosol container, labeled with or accompanied by clearly written instructions as to its use and the dangers involved in its use, and dated to indicate its anticipated useful life.

Looking at the internal replacement canisters to get a better view, you can see the details requested.

However, will that be considered a good enough label or does it need to be showing? (Is a regular pepper spray in a “holster” considered good enough label?)
It appears that you might be able to carry it in MN - I would suggest talking to your local law enforcement or self-defense attorney for a more solid answer as they know the laws in your area and how they might be interpreted in the judicial system.

I’ve got a couple of curiosity questions for you:

Why do you want to carry this specific pepper spray? It looks like a real gun enough that it could be mistaken for a gun by the public and police officers.

Would you carry this and a firearm? It’s really big compared to other pepper sprays.

Is the cost worth the difference in size? It’s very expensive compared to regular pepper spray canisters.

Does that help?

[Dawn]

@robert264

He wrote that this is a unique question and he is now waiting for a the opinion of the the county prosecuting attorney.

That’s awesome that he’s getting details for you, @robert264! Can’t wait to hear what he has to say!

[MikeBKY]

I want to say the JPX is not a firearm in Kentucky but I can see where it could be argued that it is. Kentucky defines firearm as

“Firearm” means any weapon which will expel a projectile by the action of an explosive.

It is clear that the OC is expelled by the action of an explosive. We generally think of a projectile as a solid object but water coming from a hose is a projectile from a physical science perspective. Kentucky does not have any cases discussing this issue.

[robert264]

Hi Mike

I am hoping that I will be able to conceal carry the JPX 4 with my Minnesota Concealed/Carry Permit.

Thanks

Bob

MikeBKY
USCCA Attorney Network Attorney

    December 3

I want to say the JPX is not a firearm in Kentucky but I can see where it could be argued that it is. Kentucky defines firearm as

“Firearm” means any weapon which will expel a projectile by the action of an explosive.

It is clear that the OC is expelled by the action of an explosive. We generally think of a projectile as a solid object but water coming from a hose is a projectile from a physical science perspective. Kentucky does not have any cases discussing this issue.

[robert264]

Mike

USCCA runaround! Let me make myself clear.

I have a MINNESOTA Concealed/Carry Permit. I do not care about pepper spray laws in any state!

Can I Conceal/Carry the JPX 4 PEPPER SPRAY GUN in Minnesota with my Minnesota Concealed Carry Permit ???

Bob

MikeBKY
USCCA Attorney Network Attorney

    December 3

I want to say the JPX is not a firearm in Kentucky but I can see where it could be argued that it is. Kentucky defines firearm as

“Firearm” means any weapon which will expel a projectile by the action of an explosive.

It is clear that the OC is expelled by the action of an explosive. We generally think of a projectile as a solid object but water coming from a hose is a projectile from a physical science perspective. Kentucky does not have any cases discussing this issue.

[MikeBKY]

If you want a legal opinion for your specific circumstance, you need to speak with a Minnesota attorney. I am not able to provide legal opinions for any jurisdiction except Kentucky where I am licensed to practice law.

[robert264]

Thanks Mike

I assume that USCCA does not have an Minnesota Attorney in the Network, or you would have directed my questions to one.

I am disappointed.

However, with all my respect, thank you for your time.

Sincerely,

Bob

[Zee]

@robert264 most of the network attorneys are not on here, but perhaps @dawn can check for you.

[Dawn]

It looks like we have about 20 attorneys in the USCCA Network in Minnesota. You can find them in the USCCA Attorney Network tab in your dashboard.

To my knowledge, there are no MN attorneys in the USCCA Online Community at this point. Have you heard back from the Clay County Sheriff? I would also suggest going right to the County Prosecutor and ask him directly.

Here’s his info: https://claycountymn.gov/161/Attorney

[MikeBKY]

I’m not sure what your understanding is of the USCCA Attorney Network. The network is made up of private attorneys throughout the USCCA service areas who meet specific qualification criteria and have entered into an agreement with USCCA and/or Delta Defense to become part of the USCCA Attorney Network and/or the Critical Response Team. USCCA members can hire any attorney they choose whether or not they are in the network and Network Attorneys can accept or decline any cases they want. If a Member and Network Attorney choose to work together, they will enter in to a separate legal services fee agreement creating an attorney/client relationship.

With that in mind, as a USCCA Attorney Network, I do not have access to a list of attorney’s in the network, however, as a USCCA Member, I have the same access as to the attorney network attorney’s list as any other member. I know of @Tom_Grieve and and a couple of the Louisville attorneys out of roughly 1000 attorneys in the network.