Byrna Sues California, Saying Ban on 'Less-Lethal' Pepper Launchers Violates Second Amendment

A maker of so-called "less-lethal" self-defense launchers filed a federal lawsuit Wednesday, accusing California and Governor Gavin Newsom's administration of violating the Second Amendment by blocking sales of the company's pepper-projectile launchers and ammunition.

Byrna Technologies CEO Bryan Ganz said the company's launchers resemble small revolvers but fire potent chemical irritant projectiles rather than traditional bullets. Ganz told reporters that Byrna's launchers and non-lethal rounds are legal across most of the United States, but that California has effectively prevented their sale by classifying the company's ammunition as "tear gas."

"It’s easier for a Californian to get a license to carry a lethal weapon than to carry a Byrna with chemical irritant rounds," Ganz said, adding that the policy may be driving some people toward firearms.

The complaint was filed in the U.S. District Court for the Southern District of California. Byrna's attorneys compare the devices to Tasers and stun guns, arguing that courts have already extended Second Amendment protections to such non-lethal arms in prior Supreme Court decisions.

Legal context

The lawsuit cites landmark rulings including District of Columbia v. Heller (2008), in which the Supreme Court held that the right to bear arms extends to "all instruments that constitute bearable arms," and Caetano v. Massachusetts (2016), which rejected the denial of Second Amendment protection for modern stun guns. Byrna contends its pepper projectile launchers are in "common use" and therefore entitled to constitutional protection.

Claims and stakes

According to the complaint, California law bans the purchase of certain chemical irritants as "tear gas," a classification that Byrna says prevents it from selling its non-lethal rounds and launchers in the state. Byrna's lawyers argue that, absent the ban, the company would be able to sell its products to hundreds of thousands of Californians seeking less-lethal defensive alternatives. The company says it has sold more than 750,000 units nationwide over the past six years.

Byrna also signaled it may bring similar legal challenges in other states. CEO Bryan Ganz said New York, which he identified as another state currently blocking the company's sales, could be the next target if the California case succeeds.

Broader policy backdrop

The lawsuit arrives amid expanded state efforts to tighten firearm regulations. In recent years, California has enacted multiple measures that expand background checks and restrict firearm access; Governor Newsom signed several gun-related bills in 2023. Byrna's complaint frames the state classification of its non-lethal rounds as part of a regulatory regime that it says unlawfully limits access to defensive tools.

The case will test how courts apply Second Amendment precedents to newer, non-lethal defensive technologies and whether those devices are protected as commonly used "bearable arms."