Sale of Pepper Spray May Be OKd for Californians

A blinding pepper spray used by many law enforcement agencies instead of tear gas to subdue unruly suspects may soon be available to California residents.

The pepper spray, a solution of oleoresin capsicum, could be available by March if Gov. Pete Wilson approves a bill that sailed through the state Assembly last month on a 72-1 vote.

It causes a choking feeling and burns the eyes and the effects can last up to an hour.

Although the bill was supported by police departments, not all officers think arming the public with the spray is a good idea.

One Los Angeles Police Department officer said she would fear for her life if it became available to the public.

“It’s the worst thing to happen to us. If someone sprays me in uniform, they can take (my gun). In two seconds, I’m dead,” said Officer Donna Richardson of the Hollywood Division.

The bill, authored by Assemblywoman Jackie Speier (D-Burlingame), would make spraying a police officer a felony punishable by three years in prison. In addition, purchasers first would have to pass a written test on how to use it.

A spokesman for Speier said the paramount issue is public protection. “Would you rather be killed with a gun?” asked Richard Steffen, Speier’s chief of staff, countering those who do not want the public to have access to pepper spray.

“Women’s groups have contacted us saying they favor it,” Steffen said.

If a person who has been drinking or using drugs harasses someone, pepper spray would still work, but tear gas would not because it is ineffective on people under the influence of narcotics, Steffen said.

Pepper spray is available to the public now, but only for use in subduing animals. One brand is called “Dog Shield.”

The pepper spray that the public will get will probably be weaker than that used by police. The state attorney general will determine the dosage, Steffen said.