Greetings everyone! In this week's article, I will discuss the increase of hate crimes and the law on self-defense, including the legal rights of carrying and using personal protection like Pepper Spray/MACE, Tasers and Stun Guns. I am Asian-American because although I was born here in the United States, my parents are Thai. Many of you who follow me on Facebook, or have read my articles over the years, or even on YouTube, know that I am proud of my Thai culture. And although recent events here in the United States paints an ugly picture of American racism, I just want to remind everyone of a saying: "a few bad apples doesn't spoil the whole basket". However, given this, we still need to protect ourselves.

Racist ideology is not against the law, however acts of crime that are based on racism are. A violent crime that is motivated by prejudice on the basis of race, religion, sexual orientation or other grounds is defined in the law as a "Hate Crime". According to the Los Angeles Police Department, hate crimes against Asian Americans more than doubled last year here in Los Angeles.

With the increase of hate crimes committed against Asians here in America, both against Asian-Americans and Asian non-immigrants (those here on a temporary basis for a specific purpose such as a tourist or student), many people in the community are scared. This fear is justified considering the reporting of racist-attacks on people of Asian-decent happening daily: We see it on TV. We hear it on the Radio. We read about it on Facebook. Stemming from the unproven idea that China either released COVID from a Wuhan Laboratory, intentional or not, or it was transferred to humans via consumption of an infected bat purchased from one of their food markets, and then further promoted by our former President who consistently called it a "China-Virus", closet-racist found an open invitation to once hate again. Calling COVID-19 a "China Virus" or "Wuhan Virus" is inaccurate, xenophobic and just not the right thing to do. I understand people are tired, fed-up, and pissed by the effect of this pandemic (Deaths, infections, social distancing rules, closed businesses, etc), but blaming a group of people does not bring about anything good; all it does is cause the resurgence of racism and xenophobia, when in fact, we should be coming together to resolve a problem that effects everyone.

General Self-Defense Law

First off, it is always lawful for you to protect yourself. In fact, California law allows you to use of force not only to protect yourself, but in defense of others you reasonable believe to be in danger of physical harm. The only requirement is that you use the amount of force "reasonably necessary under the circumstances". Because this is a term of law and it would take numerous pages for me to define, I'll give you an example.

Example of Reasonable Force: You use a gun to defend your home from a burglar who has a gun.

Example of Unreasonable Force: You use a gun to defend yourself from someone who is attacking you with his fists.

Self-Defense Devices

The following is based on laws in California at the time of this writing:

Pursuant to CA Penal Code Section 12403.7, you may carry and use pepper spray for self-protection, with the following restrictions:

• Must not be convicted of a felony

• Must not be a minor (Under 18 years old)

• Canister size must be less than 2.5 ounces

Stun guns shock the target on contact, whereas Tasers shoot out darts attached to wires that send an electric current that shock the target. Both stun guns and tasers are legal in California.

California allows anyone to buy, possess (unless at school, secured areas like airports, state and government buildings, etc), and use a stun gun (without a permit requirement), unless they:

• have been convicted of a felony or assault

• are addicted to any narcotic drug

• are younger than 16, or

• are 16 or 17 years old and don’t have a parent’s written consent.

Hatred based on race, color of one's skin, and/or sexual orientation is based on many different things. From one's upbringing and experience to learned stereo-typing, most of this hatred exists because of ignorance and fear of something that is different. Racism is nothing new. It has been present since the beginning of time, and will remain for as long as people continue to remain ignorant to the beauty that truly exists when there are differences. Until that time, please continue to be safe and protect yourselves when necessary.

If you still have questions about this, need assistance with your green card, travel documents, or any other legal issues, email me at: JC4LAW@HOTMAIL.COM, my office at (818) 846-5639, or my Thai direct line at (818) 505-4921. For those in Thailand, or outside the US, you can contact me on LINE: JC_esq Also be sure to check me out on FACEBOOK at: https://www.facebook.com/ThaiAttorney Be sure to follow (and "like") me for the most recent updates in the law, on the web at: WWW.JC4LAW.COM, and now on YouTube, search "Joseph Chitmongran" (Please LIKE and SUBSCRIBE for more videos in the future).

Disclaimer: The information contained herein have been prepared for informational purposes only and are not to be considered legal advice unless otherwise specified. If you have a specific question regarding your personal case, please contact the Law Offices of Joseph Chitmongran for a full consultation.