DeLaCruz

—We hold here that a person certified to use chemical Mace in self-defense, but who does so not in self-defense, may be prosecuted under the special provisions of Penal Code section 12403.7, subdivision (a)(8), but not under the more general provisions of section 375, subdivision (d).

Facts and Procedural Background

On the night of April 6, 1991, appellant was working as a security guard for O’Neal Security at the Taco Bell restaurant in Porterville. He was armed with a chemical Mace dispenser. He had received training in, and was certified for the use of, various weapons, including tear gas.

One of appellant’s responsibilities was to ensure that teenagers did not loiter in the restaurant or in the parking lot. Anyone inside not eating was asked to leave.

While outside, appellant noticed three young men in the restaurant sitting in a relaxed manner. According to appellant, only one of them had any food. The three men were later identified as William Davis, Danny Plumlee and Kevin Graves. Appellant tapped on the window and indicated with his hands that the three were to leave. Davis showed appellant a burrito. A few minutes later, appellant entered the restaurant and…