The Cloud Around Pepper Spray

The growing number of fatalities supposedly caused by pepper spray makes a persuasive case for going slow in easing restrictions on public sale and possession of the chemical agent.

Despite the concern about pepper spray, which has been legally available in California for only a little more than a year, state Atty. Gen. Dan Lungren and others are pushing for state legislation that would undo restrictions on its sale and use. Current law requires those buying the weapon to take training that includes either passing a written test, taking a course or viewing an instructional video. About 126,000 people have such state certification. But now a bill, SB 830, sponsored by Assemblywoman Jackie Speier (D-Burlingame), would do away with such requirements, criticized as burdensome.

Law enforcement authorities argue that the use and effects of pepper spray need to be monitored carefully. Indeed, a review by the Los Angeles Times showed that since 1990 there have been 61 deaths among arrested people whom police officers had sprayed. Aware of those disturbing statistics, the Los Angeles Police Commission has agreed to participate in a $217,570 study by the National Institute of Justice comparing use-of-force situations before and after police started using pepper spray.

Clearly, police use of pepper spray against a violent or potentially violent suspect is better than the use of firearms. But given the increasing concern, now surely is not the time to undo a law that requires that private citizens be instructed before they are allowed to buy a substance that might have lethal effects.