South African Law - PepperGun and FireBall/PepperAmmo Systems.
In terms of the New Firearms Control Act 60 of 2000, which came into full effect
on the 1st of July 2004. A paintball marker, on which the PepperGun system is
based, is not a firearm and thus does not require a license or a safe.
Reference: (Chapter 3 Section 5 (1h).
The FireBall Ammo itself is a frangible plastic ball containing Genuine Capsaicin
powder similar to that used in Aerosol Pepper Sprays one can purchase over the
counter. No license is presently required for this product.
South African Law - Private Defense.
The law requires certain conditions to be met before one wishes to plead Private
Defense, which includes both self-defense and the defense of a third party.
REQUIREMENTS OF THE HARM THREATENED
o The harm must be unlawful.
o The harm must infringe a legal interest.
o The harm must be reasonably imminent or actually occurring.
REQUIREMENTS OF YOUR RESPONSE
o Your response must be directed at the attacker or his agent. (i.e. his dog).
o Your response must be necessary.
o Your response must be related to the severity of the attack.
o Your intention must have been to act in accordance with the requirements
of the law of private defense.
USE OF FORCE IN AFFECTING A CITIZENS ARREST In terms
of Section 42 of the Criminal Procedure Act of 1977 a South African Citizen
has the right to arrest the following persons:-
o Trespassers
o Persons engaged in an affray (Public Fighting)
o Persons who he has a reasonable suspicion have committed a
Schedule One Offense.
REQUIREMENTS REGARDING THE USE OF FORCE DURING
ARRESTS
1. You have the right to arrest the individual. (Section 42)
2. You must have the intention to arrest the suspect (i.e. your intent must
be to arrest the suspect so that you can hand him over to
the law
enforcement agencies.)
3. You must have a reasonable belief or have actual knowledge of a schedule
one offence having been committed by the suspect.
4. The suspect must have resisted or fled in the knowledge of your intention
to arrest them.
5. Your use of force was necessary to secure compliance from the suspect and
there was no other reasonable alternative.
SOME SCHEDULE ONE OFFENSES
1. House breaking
2. Malicious injury to property
3. Robbery (Hijacking, Mugging)
4. Rape
5. Murder
6. Arson
7. Assault with intent to do grievous bodily harm (GBH)
8. Indecent Assault
9. Any attempt at one of the above
"The effects of pepper are severe, including temporary blindness which
last from 15-30 minutes, a burning sensation of the skin which last from 45
to 60 minutes, upper body spasms which force a person to bend forward and uncontrollable
coughing making it difficult to breathe or speak for between 3 to 15 minutes."
Pepper Spray and Capsicum is not a licensed product in South Africa and is freely
available as an over the counter security product. Generally carried and used
by private security officers and armed reaction officers as well as police and
members of the public. A pepper spray projectile is also available also without
license. Anyone using pepper spray as anything but a defensive weapon can still
be charged with a firearms offense.
We accept NO RESPONSIBILITY for any misuse of the product sold by us or any other agent.
http://en.wikipedia.org/wiki/Scoville_scale
http://www.angelfire.com/or/mctrl/nonlethal.html
http://en.wikipedia.org/wiki/Capsaicin
http://en.wikipedia.org/wiki/Oleoresin_Capsicum