pepper spray

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Structure and functionality of a pepper spray can
Demonstration of the use of pepper spray in a safety training session
Inert spray

Pepper spray is an irritant that is present in spray cans under pressure and can be expelled in a controlled manner with the active ingredient capsaicin obtained from plants of the genus Capsicum , which is effective against humans and mammals. In most cases it is carried as a means of defense or a ranged weapon for self-defense against domestic dogs, wild animals or people ( emergency or self-defense ) . In some countries, including the USA, it is also used to repel bears (see Use against pets and wild animals).

In order to circumvent the legal classification as a weapon and thus testing and regulations according to the Weapons Act (e.g. range limitation to 2 m) in Germany, the note “Only for animal defense” (or comparable) is printed on many defense sprays. Use against people is only permitted in the event of an emergency and an illegal attack as a self-defense . The deployment by law enforcement officers, in particular the police and military police, is carried out with special permission from the relevant ministries. The use of the Bundeswehr in foreign missions, including for military police, is forbidden "against members of opposing armed forces" according to the protocol on the prohibition of the use of asphyxiating, poisonous or similar gases and bacteriological agents in war , in short the Geneva Protocol .

In the course of the population's increased need for safety, the demand for pepper spray in Germany increased significantly in 2015 and 2016. While pepper spray was only sold in specialist shops and online retailers in the past, a nationwide drugstore chain also added pepper spray to its permanent range in June 2016 in response to the strong increase in demand.

Use against domestic and wild animals

In addition to self-defense against people and pets and as a means of coercion in the event of resistance to law enforcement officers, the irritant is also used as a repellent against wild animals, especially bears. Self-defense, in animals the state of emergency , justifies the use in a legal sense. Areas of application are e.g. B. Northern Canada , Alaska , Siberia and Kamchatka and the USA. Content volumes of around 340 ml are customary there, in order to still achieve sufficient effectiveness in moving animals, including hits outside the eyes, nose and mouth (mucous membranes) that are ineffective for defense. The irritant is banned on Svalbard , which is part of Norway.

Technical designs and risks

The functional principle of an irritant spray device is identical to that of a spray can. The commercially available sprays can release the active ingredient in liquid form, as a foam or as a gel . The spray pattern can correspond to a conical mist or a jet. The range for standard devices is 1.5 to 5 m. Some manufacturers offer so-called inert sprays. These sprayers contain a harmless substitute liquid without the active ingredient OC and thus enable safe operational training.

Pepper spray containers are under pressure. Like all spray cans, they must be protected from direct sunlight and heat over 50 ° C, otherwise there is a risk of explosion , in this case with additional massive and uncontrolled release of the active ingredient (see The active ingredient and its mode of action). Empty containers should also not be opened or burned.

The active ingredient and its mode of action

The active ingredient capsaicin is obtained from the resin oil ( oleoresin ) of plants of the genus Capsicum (chillies or paprika), which is why the name Oleoresin Capsicum (OC) is also given as the active ingredient . However, pepper of the genus Piper is not contained in a pepper spray, the misleading name goes back to a translation error from English, since in English "pepper" can mean both "pepper" and "paprika".

After the release of capsaicin, the following effects occur:

  • Eyes : severe burning pain and swelling of the mucous membranes causes the eyelids to close immediately for about five to ten minutes.
  • Breathing : Inhaling the pepper spray leads to coughing and shortness of breath, rarely suffocation.
  • Skin : The sprayed areas "burn" and itchy for 15 to 40 minutes. Depending on the dosage, however, it can take 48 hours for the effect to wear off.

All of these effects occur immediately or within a few seconds.

General mechanism of action

The physiological mechanism of action of capsaicin is based on the release of the nerve transmission substance ( neurotransmitter ) substance P in the free endings ( nociceptors ) of peripheral nerves . In addition, an inflammatory reaction is triggered in the skin and mucous membrane.

Long-term use of capsaicin leads to a loss of effectiveness, as the release of substance P decreases, which results in less sensitivity to pain.

People at Risk and Deaths

The frail, such as asthmatics and people under the influence of drugs, are at risk of death. In California alone, 26 deaths were documented between January 1994 and June 1995. According to further research, the active ingredient capsaicin increases the mortality rate of people under the influence of cocaine many times over, see the corresponding section in the article capsaicin .

eyes

In the eyes, capsaicin causes severe burning pain and cramps in the eyelids. In addition, there is reddening and swelling of the conjunctiva and severe tearing. Damage to the corneal epithelium has been described in isolated cases , but these heal without consequences. Wearers of contact lenses can show increased reactions because an active substance depot can develop between the contact lens and the cornea.

Prolonged exposure to capsaicin leads to a reduced sensitivity to pain in the conjunctiva of the eye, which can lead to less blinking of the eye, which in turn causes the cornea to dry out, which is accompanied by clouding of the cornea. This poses the risk of temporary loss of vision.

breathing

The effect on the respiratory tract is strongly dependent on the extent to which the active substance reaches the mouth and the respiratory tract; however, an urge to cough almost always occurs. In some cases, asthma sufferers can experience spasms of the bronchial system and glottis . Particularly in the case of unstable blood pressure or pre-existing arterial high blood pressure , all of the aforementioned reactions can lead to massive circulatory problems (see hypertensive crisis ). The physical reactions are suitable for psychologically influencing people who have been hit, so that aggressive behavior or a panic-like, fearful reaction also follows.

skin

A release of histamine leads to reddening of the skin and can lead to the formation of wheals and swelling, rarely blistering. The symptoms mentioned usually subside over a period of up to 45 minutes; cleaning the affected parts of the body can shorten this time.

Treatment advice

A protester washes his eyes after coming into contact with pepper spray.

According to the manufacturer's recommendation, those affected should rinse off the irritant as quickly as possible for a period of 10–15 minutes with cold water. The use of other means is contraindicated . Cold water closes the pores and prevents further absorption of the irritant. Rubbing, scrubbing or scratching should be avoided, as otherwise the substances can penetrate the skin more intensively. The same goes for the use of creams and ointments. After the first 10-20 minutes, the pain slowly subsides. All symptoms should subside within three quarters of an hour. If this is not the case, medical treatment is necessary immediately.

In the event of contact with the eyes, they should also be rinsed out for 10–15 minutes with running cold water and a specialist should be visited immediately afterwards. An eye wash bottle can also be used. Contact lenses should be removed. The symptoms should have subsided after 45 minutes at the latest. If more than an hour after rinsing the eye still or recurring pain or increased tearing, it is likely that the cornea has been burned.

In the event of contact with the oral mucosa, it should be rinsed out immediately with cold water. Avoid swallowing the rinsing water. If the irritant gas has penetrated into the throat, the breathing of the person concerned must be monitored and, if necessary, the emergency services must be called immediately, as the airways can become blocked.

Use by the police

US police operation with pepper spray in Seattle 1999
RSG-3

Pepper spray is now replacing CS gas at many police authorities around the world , as its effect is considerably less reliable. It was introduced to the German police at the beginning of 2000 as a means of action for law enforcement officers in order to exert direct coercion . The aim was and is to create a milder means of coercion than the baton or even compared to the use of firearms in order to better take into account the principle of proportionality in the selection of the means of coercion.

In German police forces, pepper spray is only used with irritant spray devices (RSG). The proportion of the irritant in the German police is 0.3  % by weight . The police versions (RSG 1, 2, 3 and 4) are subject to the Technical Guideline for Irritant Spray Devices (TR RSG) and are not available on the open market. Comparable models are available as civil versions.

Capsaice bullets

The irritant can also be capsulated with special firearms. When hit, this bursts open on a person and covers them with the powdered irritant. In Germany, such weapons were first approved for the Saxon police in February 2010 by administrative decision. This weapon was partially abolished by police forces in the USA after a passerby in Boston was shot in the eye in 2004 .

Legal situation

Germany

Pepper sprays are legally classified into two categories in Germany:

  • On the one hand, those that are intended to be used against people and thus count as irritant spray devices within the meaning of the Weapons Act .
  • On the other hand, those that are carried to protect animals and are labeled accordingly ( animal repellent spray ). Animal repellent sprays are not weapons within the meaning of the Weapons Act. They can be carried by anyone with no age limit.

On the other hand, irritant spray devices carried for use against people may only be owned from the age of 14. The irritant contained must also have been approved as harmless to health. In addition, the range and duration of spraying of irritant spray devices must not exceed certain limit values. To prove these properties, a corresponding test mark of the Physikalisch-Technische Bundesanstalt must be attached to them. Animal repellent sprays are not subject to any comparable restrictions. However, they too are not allowed to be carried during demonstrations or on the way there.

Animal repellent sprays mostly contain the active ingredient oleoresin capsicum . This is not approved for irritant spray devices. The test procedure required for approval would require animal experiments that are not allowed to be carried out according to the applicable animal protection law . Other active ingredients such as 2-chlorobenzylidenemalonic acid dinitrile (CS) or omega-chloroacetophen (CN) were approved before the tightened animal protection law came into force. The possession of an irritant spray device with an unapproved active ingredient is a violation of the Weapons Act.

Commercially available pepper sprays from Germany

If pepper spray is used against a person, this basically constitutes dangerous bodily harm . The criminal liability does not apply, however, if there is a justification such as self-defense . An act of self-defense is permitted with both an irritant spray device and an animal repellent spray.

Official law enforcement officers such as police officers are also allowed to use pepper spray for direct coercion against people. The use of pepper spray by the police is therefore repeatedly a topic of public discussion and is particularly criticized by representatives of the left-wing spectrum .

Austria

Pepper sprays are considered weapons within the meaning of Section 1 of the Weapons Act . The possession and use of pepper spray is restricted to persons under the age of 18, i. H. Children and adolescents, prohibited. The use of a pepper spray is only permitted in a self-defense situation.

Switzerland

In Switzerland, pepper spray is subject to chemicals legislation. Pepper sprays may only be given to buyers over the age of 18 against proof of identity. Self-service is not allowed and customers must be informed about safe storage, handling and disposal. The seller must have “expertise in the delivery of particularly dangerous chemicals”. Any mailing must be registered with the note "handwritten". The products must at least be classified and labeled as irritating (pictogram SGH07 "exclamation mark", H319 / H335). The regulations for aerosol dispensers must also be observed. Sprays with greenhouse-relevant propellants such as R134a (1,1,1,2-tetrafluoroethane) are prohibited.

Defense sprays based on similar active ingredients, e.g. B. the chemically closely related PAVA , are sold in Switzerland in the same way as pepper spray and are subject to the same restrictions.

Spray products with the irritants CA , CS , CN , CR , on the other hand, are considered weapons within the meaning of the Weapons Act. In order to purchase these weapons, a weapon acquisition license and a weapon license are required.

In 2009, the Swiss Army introduced the Irritant Sprayer 2000 (RSG-2000) for all members of the Army . This is used for guarding tasks. The military carrying permit is issued after completing half-day training.

Denmark and Norway

Acquisition, possession and use of pepper sprays is prohibited in Norway and Denmark. The police authorities use pepper spray devices called Saber Defense MK-3 , which are only sold to authorities under the Nordic Defense brand .

International

The use of pepper spray as a weapon in international conflicts is prohibited by the Biological Weapons Agreement of 1972 against soldiers and civilians in war , but domestic use is permitted. This therefore has an impact on the use by the military police in civil unrest. However, it is legally possible to use it if this means is used by a military police unit to maintain military order against soldiers in one's own troops or, in accordance with intergovernmental agreements, against offensive crowds in a conflict area.

In some countries, importing, carrying and possession are prohibited. The current legal situation, in particular as a means of securing the bear defense **, must be requested from the embassies before a trip is carried out.

country status possession (Sale Lead / carry
Netherlands prohibited weapon forbidden forbidden forbidden
Luxembourg no gun forbidden forbidden forbidden
Belgium prohibited weapon forbidden forbidden forbidden
France no gun allowed allowed from 18 years allowed
Spain no gun allowed allowed allowed (max. 5% capsaicin)
Great Britain weapon allowed with a gun owner's license ? forbidden
Austria weapon allowed allowed from 18 years allowed
Switzerland no gun allowed allowed from 18 years allowed
Italy weapon allowed under conditions allowed from 18 years allowed under conditions
Greece prohibited weapon forbidden forbidden forbidden
Denmark forbidden - - -
Greenland** ? ? ? ?
Norway** prohibited weapon forbidden forbidden forbidden
Spitsbergen ** forbidden forbidden forbidden forbidden
Sweden** weapon allowed with a gun owner's license - allowed with a gun owner's license
Finland** - forbidden - only with a police permit
Iceland forbidden - - -
United States depending on the state allowed allowed allowed, prohibited by state
Canada - allowed - allowed, ban possible for urban areas
Latvia** - allowed - -
Estonia** ? ? ? ?
Lithuania** ? ? ? ?
Poland** allowed allowed allowed -
Romania** ? ? ? ?
Slovakia** - allowed - -
Russia** - allowed - -
Portugal weapon allowed with license - allowed with license
India - - - -
Argentina ? ? ? ?
Chile ? ? ? ?

literature

  • Dirk Ostgathe: Gun Law compact . Richard Boorberg Verlag, Stuttgart 2004, ISBN 3-415-03282-5 .
  • R. Kuckelkorn: First aid measures for chemical burns and burns to the eyes. In: Deutsches Ärzteblatt. 97, No. 3, 2000, pp. A-104-A-109.
  • RW Fuller: The human pharmacology of capsaicin. In: Arch Int Pharmacodyn Ther. 303, 1990, pp. 147-156. (English)
  • RW Busker, HPM van Helden: Toxicologic Evaluation of Pepper Spray as a Possible Weapon for the Dutch Police Force. In: AmJ Forensic Med Pathol. vol. 19, No. 4, 1998, pp. 309-316. EPA RED FACTS; EPA-738-F-92-016. (English)
  • CH Steffee, PE Lantz, LM Flannagan, RL Thompson, DR Jason: Oleoresin Capsicum (Pepper) Spray and "In-custody-Deaths". In: Am J Forensic Med Pathol. Vol. 6, No. 3, 1995, pp. 185-192. (English)
  • WA Watson, KR Stremel, EJ Westdorp: Oleoresin Capsicum. (CAP-STUN) Toxicity from Aerosol Exposure. In: The Annals of Pharmacotherapy . vol. 30, 1996, pp. 733-735. (English)

Web links

Wiktionary: Pepper spray  - explanations of meanings, word origins, synonyms, translations
Commons : Pepper Sprays  - Collection of pictures, videos and audio files

Individual evidence

  1. Assessment notice of the Federal Criminal Police Office dated November 7, 2008, reference number SO11-5164.01-Z-50.
  2. Sales of pepper sprays has risen sharply , schwaebische.de from January 14, 2016, accessed on August 21, 2016
  3. Sales of pepper spray doubled: Police advise against buying , report by the Chemnitz daily Freie Presse from November 29, 2015, accessed on August 21, 2016
  4. Pepper spray next to toothpaste Why a drugstore suddenly sells "animal defense spray" , report by the Berlin daily Der Tagesspiegel from August 21, 2016, accessed on August 21, 2016
  5. Anna Kröning: When is pepper spray allowed - and when is it forbidden? In: welt.de. December 31, 2016, accessed December 2, 2017 .
  6. ^ ACLU, Oleoresin Capsicum, - Pepper Spray Update, More Fatalities, More Questions, June 1995, p. 2.
  7. ^ "Pepper spray's lethal legacy" in The Ottawa Citizen . October 22, 1998, p. A1
  8. ^ An Appraisal of Technologies of Political Control
  9. a b "Pepper Spray" - Effect and Health Risks. ( Memento from January 25, 2011 in the Internet Archive ) Scientific Services of the German Bundestag, No. 83/10, November 24, 2010 (PDF; 64 kB).
  10. Safety data sheet MK-3 PFEFFERSPRAY 50ML. As of November 5, 2008 (PDF; 22 kB).
  11. a b Björn Schering: The use of pepper spray against demonstrators by police forces. Health effects and principles of proportionality (PDF; 211 kB). Expert opinion, Berlin 2010.
  12. SEK uses new weapons from the USA , picture, February 2010
  13. Seattle Suspends Pepper Gun Used in Boston Death ( November 12, 2004 memento in the Internet Archive ), CNN, October 2004
  14. Appendix 1 Section 1 Subsection 2 Number 1.2.2 to Section 1 Paragraph 4 Weapons Act
  15. Assessment notice of the Federal Criminal Police Office dated November 7, 2008, reference number SO11-5164.01-Z-50.
  16. § 3 Handling of weapons or ammunition by children and young people
  17. Is the pepper spray permitted in Germany? JuraRat, November 3, 2014, accessed July 12, 2018 .
  18. Sections 223 paragraph 1, 224 paragraph 1 number 1 alternative 2 and number 2 of the Criminal Code
  19. Greens don't want pepper , the daily newspaper of June 21, 2011
  20. Linke criticizes the police for using pepper spray , Hamburger Abendblatt dated June 27, 2011
  21. ^ Criticism of the use of pepper spray at the Dortmund anti-Nazi demonstration , Der Westen from September 14, 2011
  22. ^ Much criticism after the police operation in the 96-Stadion ( memento from October 28, 2011 in the Internet Archive ), NDR from October 25, 2011
  23. Pepper spray against KSC fans: Fan project criticizes the Frankfurt police , ka-News from December 5, 2011
  24. Entire legislation for the Weapons Act 1996 , version of April 24, 2018, accessed April 24, 2018.
  25. Austrian Gun law on pepper spray , accessed April 24, 2018.
  26. Chemicals Act SR 813.11 - federal law , admin.ch
  27. weapons Regulation SR 514,541 - federal law , admin.ch
  28. §§ 13 ff. I. V. m. 1 lit. b and 3 lit. ef Våpenloven
  29. § 1 Para. 4 Våbenloven
  30. Steve Wright: Pepper spray "endangers health", in: Bürgerrechte & Polizei / CILIP No. 69, No. 2 2001
  31. Législation - Armes et Munitions Catégorie I. - Armes prohibées a) "les armes ou autres engins destinés à porter atteinte aux personnes au moyen de substances lacrymogènes, toxiques, asphyxiantes, inhibitives, ou de substances similaires […]"
  32. For possession and use, the pepper spray must meet the requirements of the decree of May 12, 2011, n.103: a) Maximum content 20 ml b) Oleoresin capsicum solution <= 10% c) No flammable ingredients d) Protection against accidental damage Firing e) Maximum usable range of 3 meters
  33. Gazzetta Ufficiale. In: gazzettaufficiale.it. Retrieved May 18, 2016 .
  34. A permit from the police is required for possession and use. This is not given to foreigners.
  35. Travel advice Foreign Office dated July 2, 2013