SELF-DEFENSE - Pepper-ball launcher sparks controversy

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Pepper-ball launcher sparks controversy

By Jim Sanders Bee Capitol Bureau (Published Aug. 12, 2001)

It's billed as the public's next big weapon for self-defense: a flashlight that could light up a room or drop a thug.

By simply pressing a button, owners could fire a beam of light, a laser pointer and hard plastic rounds that sting like paintballs and incapacitate like pepper spray.

"It's going to give people who don't want a firearm in their home an alternative that will stop attackers and is nonlethal," said Dennis Cole, a spokesman for Jaycor Tactical Systems, the San Diego-based designer of PepperBall weapons.

The proposed flashlight launchers would be similar in function, but not appearance, to Jaycor pepper pistols and rifles used by law enforcement agencies nationwide -- including the Sacramento city and the University of California, Davis, police departments.

Officers fire such pepper guns to calm riots, hostage situations or potentially violent confrontations. The guns were used last year, for example, during the World Trade Organization street protests in Seattle.

Plastic rounds are designed to burst upon impact, creating a powdery, choking cloud of oleoresin capsicum -- the active ingredient in pepper spray -- and leaving a stinging bruise that can last for days, Cole said.

"Most people who are hit experience a closing of their eyes and a burning sensation in their mouth and throat," he said. "And there's a (psychological) impact when these pepper balls hit their chest. They don't know what's happening to them. They start thinking of themselves rather than attacking you." [OG Rebuttal: No, no, no--I don't think so. This would just piss 'em off.]

Legislation that would allow widespread use of PepperBall by permitting pepper-based products to be fired from air-powered weapons, not just spray cans, has received broad support from lawmakers but stiff opposition from law enforcement.

Critics say the proposed self-defense system could be used offensively, perhaps in drive-by attacks, and that officers could mistake the flashlights for handguns -- or vice versa -- when responding to domestic violence or other calls for help.

Riverside County Sheriff's Lt. Louis Fetherolf said easy access to PepperBall could impair public safety. A rapist, for example, could disable victims by firing pepper rounds, leaving them gasping for air, unable to run or scream.

"We're talking about a weapon that shoots pepper balls at a considerable distance with considerable force," he said. "We don't think the public really needs it. People concerned about their safety already have access to tear gas."

Others complain that SB 331 is special-interest legislation that would benefit only one company, Jaycor, and that lawmakers should sample flashlight launchers before approving them.

PepperBalls are not meant to cause permanent damage, but critics say testing is needed to determine whether someone could get killed or disfigured if struck at close range in the eye, temple or windpipe.

"(The flashlight launcher) has not even been built yet," said San Bernardino County Sheriff's Lt. Paul Curry, a spokesman for the California Peace Officers Association. "It's like saying, 'We've got this great new car, you're going to love it, so everyone should just sign off and certify it.' "

Curry said he's not confident the system is foolproof: One officer testing pepper products said he was overcome by sprays but not by projectiles, despite being shot five times.

Jaycor's advertising concedes that some rounds might not burst if they strike heavy jackets or loose clothing. The problem can be resolved by firing at a lower part of the torso, the legs or a nearby wall, the company said.

Police agencies that currently use a Jaycor pepper gun revealed no major complaints.

"It's worked very well," said Capt. Tom Fizmaurice of the Redlands Police Department. "We had one case where a man was threatening suicide, lying in the middle of a freeway. We saturated the area near his head (with pepper) and were able to take him into custody."

Under SB 331, pepper launchers would be sold over the counter -- as pepper spray is now. Sales of the devices are restricted, according to the proposal, to adults, 18 or older, provided they are not drug addicts, have no felony record and have never been convicted of crimes involving assault or misuse of tear gas.

But the measure does not require background checks, training or the 10-day waiting period required to purchase handguns. Enforcement of the ownership requirements could occur only if there were a subsequent inquiry by law enforcement.

SB 331 passed the Senate by a wide margin, 26-5, despite opposition from the California Peace Officers Association, the California Police Chiefs Association, the California State Sheriffs Association, the Association for Los Angeles Deputy Sheriffs and other law enforcement groups.

Gov. Gray Davis has not yet taken a position on the measure, spokesman Byron Tucker said.

State Sen. Bill Morrow, R-Oceanside, said air-powered pepper launchers -- capable of firing six rounds in a few seconds -- would provide the same self-defense benefits that sprays do now, but cover far more ground with less risk.

Sprays typically are effective at distances of 6 to 10 feet, officials said, while pepper rounds are designed to hit targets 30 feet away.

"If your life or property is in danger, why should you be limited by law to having an assailant get within reach of you?" Morrow asked.

Almost anything -- from a BB gun to a pool-hall dart -- can be used offensively if it gets into the wrong hands, yet society doesn't require additional training to own them, Morrow said.

"It's not a complicated device to use," Morrow said of PepperBall. "And common sense says you don't point it at someone unless it's in self-defense."

Air-powered launchers are now legal for self-defense in at least 35 states, Jaycor officials said.

Crime Victims United, a nonprofit advocacy group, said the length of the flashlight launchers, 16 inches, could make them impractical for use in self-defense.

SB 331 would not allow the weapon to be carried in a purse or pocket, as pepper spray canisters are now. The bill also would require a child-safety lock on the devices. Use of the device would be restricted to one's home, place of business or other private property.

One alternative to PepperBall might be simply to extend the effective range of existing tear gas canisters, said spokesman Dan Felizzatto of the crime victims group.

"We certainly support nonlethal alternatives for self-defense," he said.

Illegal possession or use of pepper guns would generally be a misdemeanor, punishable by up to one year in jail. If the victim were a peace officer, however, the offense would be a felony with a maximum three-year prison term.

Though supporters see PepperBall as an alternative to handguns, others disagree, saying passage of SB 331 would not affect gun sales.

Sam Paredes, executive director of Gun Owners of California, said pepper products don't always work in stopping a violent crime.

"If you're looking to stop an armed intruder," he said, "sometimes the only thing effective is another firearm."

The Bee's Jim Sanders can be reached at (916) 326-5538 or jsanders@sacbee.com.

Pepper launcher

Jaycor Tactical Systems is seeking a change in state law to allow the production and sale of a self-defense weapon that would shoot pepper balls. Here's what is planned if SB 331 becomes law:

The weapon would be a functioning flashlight, but also would be equipped with a laser pointer and an air- powered mechanism to fire pepper rounds.

The PepperBall flashlight launcher would cost about $200, be equipped with safety locks, and be about 16 inches long.

The weapon's range would be limited to 30 feet.

Rounds would consist of a plastic shell filled with no more than a half- ounce of powdered oleoresin capsicum -- the active ingredient in pepper spray.

Six to eight rounds could be fired within a few seconds, leaving a bruise or welt that could last two to three weeks.

The nonlethal rounds would be designed to burst upon impact, creating a stinging cloud of pepper powder to incapacitate a person for five to 10 minutes.

Inhaling pepper powder could cause coughing, shortness of breath, eye irritation and, in some cases, vomiting.

The product would be sold over the counter. Possession would be restricted to adults with no felony records and no convictions for assault or misuse of tear gas, but no background checks or training would be required.

--Bee Capitol Bureau

-- Anonymous, August 12, 2001

Answers

Old Git,

Maybe you could elaborate on why you think these things would only create a more angry response. There are two items I would like to offer. The police sometimes use a weapon called a "flash-bang" which bursts with a bright explosion and loud noise. Sort of like the fireworks salutes that go up and then burst with only a white flash and concussion you can actually feel. The flash-bang does work on the bad guys. It disorients them while not actually physically hurting them in any serious way. Disorientation is the key here. It buys you extra time to do something else. Get away, or pop them again.

Secondly, I have it on good authority from someone who used to be a bounty hunter and carried a 45 caliber handgun. He said that when he was in close proximity to a "bad guy" and fired at them they would literally freeze up for a few seconds from just the shock wave of the discharge even if it didn't hit them. They got sort of stunned and disoriented by the intense sound alone which gave him time to make a more accurate shot if that was called for.

So I think that disorientation and surprise are actually a big part of stopping some attack, at least temporarily. For myself, I would accept that much from any weapon as a plus for me, buying me precious time to move to step 2, whatever I decided step 2 would then be.

-- Anonymous, August 12, 2001


Yes, I've seen the "flash-bangs" in action. Even though I was expecting the explosion, it was still a bit of a surprise and I can see very easily why they work as well as they do. I don't think the launcher is of that caliber (no pun intended). For one thing, I'd be afraid that the strength of the pepper mixture would be "civilian" strength. Many keychain maces and pepper sprays are not police strength and give a false sense of security.

I've also see police-strength pepper spray used to no effect. If someone is strung out on drugs, the pepper doesn't phase them. Yep, disorientation and distraction are great, but then what? You wanna disable them at that point. For myself, I'd rather shoot an intruder than risk trying to tie his or her limbs together after first disabling them, so I think I'd rather shoot the bugger first.

-- Anonymous, August 13, 2001


In my bartending days, I ran a bar up in Three Rivers, right before Sequoia National Park. We had at the time this one chicken-shit sherrif who went off duty at 10 PM on weekedends, and it would take an hour or longer for a call for help on Friday or Saturday nights, since they had to drive up the canyon from the valley. Naturally, I armed myself, other bartenders and cocktail waitresses with mace and Visine :)

One night, this big ape of a guy, at least 6'5", a good 300 pounds, had gotten into a fight with his girlfriend and proceeded to be a jerk to everyone in the place. As all he was hurting were peoples feelings and pride, I waltzed around him, not even wanting to take him on with backup an hour away.

Well, made it to closing time, got everybody out the door except for the gals that worked for me, when someone starts banging on the door screaming "He's killing her, call for help!"

Grabbing my 2 foot long flashlight, (wrapped aluminum with 6 D cells) I opened the door and ran out to see this ape standing over his girlfriend out cold on the parking lot, while every body looked on too afraid to do anything. Seemed he had punched her out cold, and gave her a few kicks for good measure...

I ran up and emptied an entire can of mace in this jerks face, and all he did was start rubbing his eyes, in between trying to swipe at me... finally, I cracked his left kneecap with the keel light, which got his attention, then got around and hit a home run on his right knee.. bastard went down that time. The local volunterr ambulance service showed up, and took care of the girl, but wouldn't go near him. By the time the sheriffs arrived, it had taken 2 more cans of mace, and a couple of more cracks on the knee caps to keep him down.

I never saw him again, although I did hear a couple of months later that he and his girlfriend from that night were getting married... go figure...

Shortly after that, I decided to go back to school and get into computers :) Mace or pepperspray doesn't work on them either when they're acting up, but at least they've got an "off" switch... :)

-- Anonymous, August 13, 2001


Wow, Carl! Cool!

-- Anonymous, August 13, 2001

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