Go where the pepper grows

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According to the owner of a weapons store in Stuttgart, sales quadrupled since the Paris attacks. Particularly in demand are pepper sprays, gas and alarm pistols, as well as CS gas. These are so-called "free weapons" or animal deterrent devices for which no firearms permit is required. A pepper spray can be a useful way to protect yourself from attacks. Safety consultant Michael Zeitler explains what points to consider in the selection and use here.

Legal requirements for using pepper spray (Germany)

In many places, the classic "pepper spray" is the ultimate self-defense tool. Many women carry it in their handbags with the intention of protecting themselves against harassment and sexual assaults. However, the use of an animal repellent spray is legally allowed against humans only if the conditions according to §32 of the Criminal Code (self-defense) are met.

According to German law, this means that I am allowed to defend myself against an unlawful, imminent attack on a protected legal interest in an appropriate (proportionate) manner. To make this definition somewhat clearer, here is an explanation of the key terms:

• • Unlawful attack: An attack is unlawful when there is no justification. An example of justification is paragraph 32 of the Criminal Code on self-defense. Even through my self-defense action, I may potentially commit a form of bodily harm, but this is justified by the fact that I am the one being attacked.
  • Imminent attack: The imminence of an attack is defined by the fact that the attack is about to happen, is currently happening, or is ongoing. The boundaries are fluid. The lawmaker wants to express that I cannot defend myself out of revenge if someone has slapped me and then stopped the attack. The will to defend is decisive.
  • Protected legal interest: Since we live in a rule of law, we enjoy a range of so-called legal interests protected by the state. The most important ones are certainly bodily integrity, i.e., life and limb. But also freedom, property, and personal dignity (honor). This means that legally speaking, even an insult can be justifiable by self-defense.
  • Proportionality: In my opinion, the most important principle not only to defend oneself successfully but also to remain unpunished. Common sense always tells us when we are crossing a line. The saying goes, "Don't use a cannon to kill a mosquito." If a drunk person slaps me, it is not proportionate to knock them down and kick them when they are on the ground. That is no longer self-defense, it is assault.

Pepper spray or CS gas?

You may be wondering which is better. CS gas or the classic pepper spray? To make the decision easier for you, consider the following points:

• CS gas, also known as tear gas, can be purchased freely from the age of 14 in spray form. Its effectiveness, especially against dogs or some people, is not unequivocally proven.
• Pepper spray disperses the irritant Oleoresin Capsicum (OC) and is officially approved in Germany only for animal defense. In exceptional cases (self-defense situations), its use against humans may be justified by the courts.

Due to its effective mode of action, I recommend, in terms of animal defense, purchasing a pepper spray. After all, self-defense also means protecting oneself against animals. And in case of emergency, you are allowed to use the device against attackers in a proportionate manner to defend yourself according to §32 of the Criminal Code. While CS gas may be legally safer, it may show limited effectiveness, especially when used against aggressive dogs.

Carrying pepper spray at public events?

Many women react with incomprehension and indignation when they are told during entrance checks that they are not allowed to enter the event with pepper spray. "This is for my own protection – I'm a woman!" is a common response. The clear answer: no.

Especially at entrance checks to hospitality venues such as nightclubs or clubs, you are under the care of the security personnel there. If you are harassed, it is your responsibility to ask the security staff for help. Pepper sprays and other (free) weapons have no place at any kind of event.

8 tips for selecting and using your pepper spray

• When buying pepper spray, make sure that the device is approved in Germany. You can recognize this by the PTB certification mark - Physikalisch-Technische Bundesanstalt.
• Only use the pepper spray against humans or animals if the situation absolutely requires it! In other words, if you are being attacked and need to defend yourself according to §32 of the Criminal Code.
• Self-defense situations usually occur suddenly and unexpectedly. Always carry the pepper spray within reach. You won't have time or opportunity to rummage through your handbag.
• If you are stopped by the police, state that you carry the pepper spray for animal defense, as you have often seen stray dogs on your way home.
• Leave the pepper spray in the car or keep it in a hidden place outside the venue when visiting public events or hospitality establishments (nightclubs, bars, etc.), where you run the risk of being turned away at the entrance.
• Practice using the spray as a dry run with a friend or acquaintance in case of an emergency and mentally go through different situations from time to time to sensitize yourself.
• There are three different types of pepper spray: stream, gel, and fog. For self-defense purposes, I recommend purchasing a device with a spray mist, as it does not require precise aiming.
• Buy at least two, preferably three spray cans. Use two of them in a suitable place to familiarize yourself with the handling and spraying behavior of the device.

CONCLUSION: Pepper sprays are a useful way to protect yourself. However, the use should always be considered and proportionate. This also applies, of course, to the use of CS gas. Attending a suitable de-escalation and threat defense training makes you more confident in handling situations and helps you realistically assess dangerous situations.

Recommended providers - Recommendations: 

ASMC (Germany) 

BLACK SHADOW (Austria)

The article first appeared on the blog of Michael Zeitler. Reprinted with kind permission of the author.

The videos from FOXGEAR.DE are for illustration purposes of pepper spray application only.

Overview of legal regulations for pepper spray in Europe.