Pepper Spray - Part 1.

   Undoubtedly, the most common and the best known method of self-defense these days is the use of Pepper Spray.  It has proven, many times over to be a very effective means for people to protect themselves against assaults.


   There are numerous reasons that pepper spray has become the most commonly used self-defense method.  But chief among these are:


1. Pepper spray is relatively inexpensive.
2. Pepper spray is uncomplicated and easy to use.
3. Pepper spray is easy and convenient to carry.
4. Pepper spray has a very good reputation (being relied upon as a tool used by various law enforcement agencies for self-defense, to support mechanics of arrest and for crowd control).
5. Pepper spray is essentially safe and relatively harmless.


   You may have heard of pepper spray by the name ‘OC Spray.’  The ‘OC’ stands for Oleoresin Capsicum.  Oleoresin Capsicums are biological substances from a variety of peppers (the same peppers that are used the world over to make spices) that are extracted from the peppers and processed into the irritant agent.  The irritant agent is then packaged with various inert ingredients into a variety of delivery systems for anti-personnel use - self-defense, law enforcement or security.


   Not much is known about the history of Oleoresin Capsicum as an anti-personnel agent before the 1960s.  There is some anecdotal evidence that in the 400s BC, the Chinese ground Cayenne Peppers into fine powder, packed it into balls, wrapped in rice paper and then launched it at enemy soldiers to degrade their combat effectiveness.  About the same time, the Japanese soldiers supposedly carried it in boxes to be blown into the faces of enemy soldiers during combat.


   The contemporary OC agent delivery system was developed in the 1960s at the University of Georgia by Professor James H. Jenkins and Dr. Frank Hayes (DVM).  It was first marketed to the public in 1963 as ‘Halt Animal Repellant.’  The first big marketing push was to mail carriers, bicyclists, and pedestrians who were sometimes bothered by dogs.  ‘Halt Animal Repellant’ was promoted as, while being very effective on animals, virtually harmless to them and caused no long-term damage.  (Note:  While pepper sprays work very well on the typical nuisance and even wild animals, this writer has seen well-trained attack dogs ‘fight through’ a dose of pepper spray.  This, however, was undoubtedly due to the animal’s dedicated training and fighting nature.  These are not the typical dogs that a typical person is likely to encounter in normal circulation throughout his or her community.)


   In the 1980s, Law Enforcement began looking at Pepper Sprays as a tool to help control resistive subjects and for purposes of crowd control.  Until then, police were using other similar synthetic chemical agents commonly known as tear gas or ‘mace.’  (‘Mace’ was the term that referred to these substances packaged in smaller aerosol delivery systems for use on individuals per arrest situations.  ‘Tear Gas’ was the term typically used to refer to larger munitions packaged as incendiary or explosive devices for use in crowd control and as a tool to deal with barricaded suspects.  ‘Mace’ has since become a brand name trademarked by a company that manufactures chemical agents and munitions including pepper spray.)


   In the 1980s the FBI embarked on a three-year study of pepper spray and determined that it was preferable to (safer than) CN or CS (mace) agents and was suitable for issuance to their field agents.  Local law enforcement agencies followed suit in the early 1990s.  Now, thousands of law enforcement agencies around the world issue pepper spray to their officers.  The pepper sprays typically issued for use in the United State and Canada are similar to the biological agent developed at the University of Georgia in 1963.  The agents that are typically issued to police for use in Europe are one of two different synthetic derivatives similar to biological pepper spray.


   The U.S. civilian sector became interested in pepper spray for self-defense purposes in the 1990s.  Many police officers and police agencies in the United States lobbied their state legislatures to pass laws allowing civilians to legally posses pepper spray for purposes of self-defense.  Pepper spray is legal for civilian use (with some restrictions) in all 50 states.  Generally, it is restricted to possession by persons 18 years of age and older.  Many states also left municipalities with authority to ban its possession by civilians as well.  (Anyone considering carrying pepper spray for self-defense should consult with their local law enforcement agency to ensure they are not in violation of any statute or ordinance in the process.)  A few states prohibit the purchase of pepper spray products through the mail and restrict sales to licensed firearms dealers.


   At the same time states passed legislation allowing civilian access to pepper spray, many states passed companion legislation defining and outlawing criminal use of pepper spray.  This usually involved adding ‘penalty enhancements’ to sentences for crimes when they involved illegal use of pepper spray.  (In other words, if someone used pepper spray in the commission of a robbery, they would be sentenced according to the sentencing guidelines for robbery plus given an additional two to five years for the use of pepper spray in the commission of the robbery.)


   Once the civilian population showed interest in pepper spray, the manufacturers began to produce and package pepper spray products specifically for the civilian markets.  They made the canisters smaller and easier and more convenient to carry and conceal.  The law enforcement models carried four or five ounces of pepper spray product and required a holster to carry them on a duty belt.  For civilians, the industry developed canisters that ranged from ½ to 2 ounces of product and they made them pocket and purse friendly (they placed safety caps or covers on them to prevent accidental discharges).  Some manufacturers actually made them to attach to your key ring for convenient access.  They began to make canisters and leather holsters in bright, designer colors including hot pink for those who refused to compromise their sense of fashion even in the act of self-defense.


   The industry also responded to various state legislation to make sure that citizens could obtain a pepper spray product that met the legal requirements or restrictions placed on them by state laws.  The State of Michigan was the most restrictive (in terms of the OC concentration of pepper spray product available to civilians – 2%).  But the industry developed a product that met those criteria.  Wisconsin passed the most complex legislation regulating both volume and concentration (10% maximum based on volume of inert ingredients), minimum and maximum range of the unit, certain container appearance and labeling criteria, trigger safety specifications, etc.  You almost have to be a chemist attorney to fully comprehend pepper spray requirements/restrictions in Wisconsin.  But the industry has you covered with products that meet even Wisconsin’s legal model.