Is StoppaRed legal?

It's contents are inert with no chemical irritants, it is completely non toxic and non flammable and in no way could be described as noxious. To remain legal sprays cannot contain pepperspray or CS gas or any other irritants as these are classed as being noxious and therefore contray to the Firearms Act. It should only be directed at the face in emergency situations where you fear for your or some one else's personal safety or to protect property. The bottom line should be "Is it reasonable for me to fire StoppaRed in this situation." StoppaRed is a 'force option' that can be used before physical self defence methods and as such is likely to be more reasonable.

The Forensic Science Service provide forensic services to the Police and other law enforcement bodies. In this field they use 3 classifications for self defence sprays;

Clayton, Dr T M
Forensic Science Service

6 November 2009

Dear Sir/Madam

I have asked our expert for clarification and he has replied as follows:

Section 5 (1) (b) of the Firearms Act 1968 states "any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing".

The Collins English Dictionary defines 'noxious' as 'poisonous or harmful'.
The Oxford English Dictionary defines 'noxious' as 'unpleasant and harmful'.

Generally, there are three categories of 'classification' relating to self-defence sprays (aerosol canisters or similar devices);

1. 'Prohibited Weapons' - These will contain chemicals that are recognised as irritants and as being noxious, such as 'CN' (alpha-chloroacetophenone), 'CS' (ortho-chlorobenzal malononitrile), PAVA (pelargonic acid vanillylamide, a synthetic capsaicinoid), etc., etc.

2. Non 'Prohibited Weapons' - These encompass (i) 'training' sprays, which may contain a pressurised water based solution, (ii) audible 'screeching' devices ('rape alarms') and (iii) 'dye' sprays containing an innocuous red, blue, yellow or green dye in a water based solution, some with a foaming agent. This latter type is designed to mark an assailant.

3. Where the status of certain canister types is uncertain with respect to the Firearms Act. These will include those devices that are dual purpose, such as the 'audible' type which are fitted with a secondary nozzle used to 'bathe' an assailant in a chemical which has an unpleasant smell (e.g. allyl sulphide type exhibiting a pungent garlic odour), albeit at low concentration.

For category 3 as described above, a 'test case' would have to be put before the courts to establish whether or not a particular device falls under the provisions of the Firearms Act, and would necessitate the considered opinions of experts in both the scientific and medical fields as to the nature and effects of the component(s)it contains.

From this answer, it is clear to me as a non-expert in this area, that it does not fall to the FSS to determine whether or not a spray/device contains a 'noxious' substance (however one defines that word in practice)and is therefore a prohibited weapon for the purposes of the Firearms Act 1968. The FSS may, however, be called on to analyse the contents of a spray or device to assist an investigation into whether a certain device is, in the eyes of the law, a prohibited weapon.

Yours Faithfully

Dr T.M.Clayton GDL, BVC
FOI, DPA and Disclosure Advisor
Legal Department
Forensic Science Service Ltd.

StoppaRed sprays fall into the second class of devices and as can be seen in the letter above occupies a legality that is similar to attack alarms. 

 

Will the red dye wash out of clothing?

The red dye may stain certain cloths and textiles, it will wash out of some clothes and not others.

 

Can I use the spray more than once?

StoppaRed has a constant force spray which ensures that the last spray is as powerful as the first. The cannister has a flip top safety sheild that drops back into place once you remove your finger from the firing button safety features depending on the canister design, which allow you to carry the canister in complete safety from accidently discharges. We do recommend however that you plan on using the WHOLE cannister when faced with an attacker.

 

Do I need two hands to operate StoppaRed?

Unlike brand 'X' you can fire StoppaRed with one hand without any pins to pull etc (The Mk9 canister does have a safety pin although this can be removed for everyday use). You can also pocket StoppaRed without having to replace any pins etc. We feel that this is very important for this type of self defence device as you need to be able to carry it safely but ready to fire at a moments notice should the need arise. Two handed operation can slow you down!

 

How far will the spray go?

StoppaRed UV Mk3s have a range of approx 4 metres. The larger Mk9s will fire further and the smaller LD 'minis' will fire about 2-3 metres. To get the most effective results you should wait until the attacker is within a couple of metres to be sure of maximum accuracy.

 

Are there training versions available so I can practice using StoppaRed UV?

Yes they are but only to purchasers of 'live' StoppaRed UV. The training canisters are EXACTLY the same as the 'live' version but without the dyes. These allow you to get a feel for the accuracy and range of the ballistic stream, without the staining effect, either against a target or training partner. These are a special order item. 

 

Does StoppaRed have a shelf life?

 

StoppaRed UV has a shelf life of five years. 

StoppaRed LD has a shelf life of three years. To be on the safe side you should consider replacing it after that length of time. The shelf life is a 'best before date' and your canister may well still work after this date - it does not simply dry out and stop working after a particualar date! Each canister now is labeled to clearly show the year of manufacture.

 

How should I use StoppaRed?

 

StoppaRed should only be used in emergency situations where you feel threatened or if you believe that you are about be the victim of a criminal assault or you reasonably think that it's use will prevent a crime and / or assist in the offenders Lawful arrest. StoppaRed UV can serve two purposes in such situations. Firstly it is a Marker Spray that can be used to identify offenders for later identification using both the red and invisible UV dyes. In an emergency situation you may be justified in directing the thick formula into the face of the offender to distract them while you attempt to escape. You should only do this if you feel you are justified in doing so - the formula is 'eye safe' and has been made with the assumption that at some point it will be directed into the eyes of an offender and it will not damage or harm them in any way and has in no way been designed to cause an injury.

 

If faced with a situation described above you should hold the can close to your body in one hand and use your other arm to fend off the offender who might try to grab your StoppaRed from you. You might want to shout 'No' very loudly as you start to spray to further distract them. When used in this way it is impossible for an attacker to grab your StoppaRed UV without getting marked with dye in the process. If you feel that you are justified in directing the spray into the attackers face you should wait until they are a couple of arms lengths away for maximum accuracy. Once you see the desired result run away looking for assistance and contact the Police.

 

We would like to re-assure you that this product is legal in the UK, please feel free to contact us for further information. We have a PDF detailing the legalities that is freely available on request.