Pepper spray, oleoresin capsicum spray, OC spray, capsaicin spray, or capsicum spray is a
lachrymatory agent
Tear gas, also known as a lachrymator agent or lachrymator (), sometimes colloquially known as "mace" after the early commercial aerosol, is a chemical weapon that stimulates the nerves of the lacrimal gland in the eye to produce tears. In ad ...
(a
compound
Compound may refer to:
Architecture and built environments
* Compound (enclosure), a cluster of buildings having a shared purpose, usually inside a fence or wall
** Compound (fortification), a version of the above fortified with defensive struct ...
that irritates the eyes to cause a burning sensation, pain, and temporary blindness) used in
policing,
riot control
Riot control measures are used by law enforcement, military, paramilitary or security forces to control, disperse, and arrest people who are involved in a riot, unlawful demonstration or unlawful protest.
If a riot is spontaneous and irration ...
,
crowd control
Crowd control is a public security practice in which large crowds are managed in order to prevent the outbreak of crowd crushes, affray, fights involving drunk and disorderly people or riots. Crowd crushes in particular can cause many hundreds ...
, and
self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
, including defense against dogs and bears. Its inflammatory effects cause the eyes to close, temporarily taking away vision. This temporary blindness allows officers to more easily restrain subjects and permits people in danger to use pepper spray in self-defense for an opportunity to escape. It also causes temporary discomfort and burning of the lungs which causes shortness of breath.
Pepper spray was engineered into a spray originally for defense against bears,
mountain lions
The cougar (''Puma concolor'') is a large cat native to the Americas. Its range spans from the Canadian Yukon to the southern Andes in South America and is the most widespread of any large wild terrestrial mammal in the Western Hemisphere. ...
,
wolves
The wolf (''Canis lupus''; plural, : wolves), also known as the gray wolf or grey wolf, is a large Canis, canine native to Eurasia and North America. More than thirty subspecies of Canis lupus, subspecies of ''Canis lupus'' have been reco ...
and other dangerous predators, and is often referred to
colloquially
Colloquialism (), also called colloquial language, everyday language or general parlance, is the style (sociolinguistics), linguistic style used for casual (informal) communication. It is the most common functional style of speech, the idiom norm ...
as
bear spray
Bear spray is a specific aerosol spray bear deterrent, whose active ingredients are highly irritant capsaicin and related capsaicinoids, that is used to deter aggressive or charging bears.
History
Capsaicin bear spray was developed in the m ...
.
Kamran Loghman
Kamran ( fa, کامران ''Kāmrān'') is a Persian male given name meaning 'prosperous, fortunate'. The name is commonly used in Iran and Azerbaijan, in addition to Tajikistan, Afghanistan and Turkey, Pakistan. Variants include Kâmran and Kam ...
, the person who developed it for use in riot control, wrote the guide for police departments on how it should be used. It was successfully adapted, except for improper usages such as when
police sprayed peaceful protestors at University of California, Davis in 2011. Loghman commented, "I have never seen such an inappropriate and improper use of chemical agents", prompting court rulings completely barring its use on docile persons.
Components
The active ingredient in pepper spray is
capsaicin
Capsaicin (8-methyl-''N''-vanillyl-6-nonenamide) ( or ) is an active component of chili peppers, which are plants belonging to the genus ''Capsicum''. It is a chemical irritant for mammals, including humans, and produces a sensation of burning ...
, which is derived from the fruit of plants in the genus ''
Capsicum
''Capsicum'' () is a genus of flowering plants in the Solanum, nightshade family Solanaceae, native to Americas, the Americas, cultivated worldwide for their chili pepper or bell pepper fruit.
Etymology and names
The generic name may come f ...
'', including
chilis. Extraction of
oleoresin capsicum
Pepper spray, oleoresin capsicum spray, OC spray, capsaicin spray, or capsicum spray is a lachrymatory agent (a compound that irritates the eyes to cause a burning sensation, pain, and temporary blindness) used in policing, riot control, cr ...
(OC) from peppers requires capsicum to be finely ground, from which capsaicin is then extracted using an organic solvent such as
ethanol
Ethanol (abbr. EtOH; also called ethyl alcohol, grain alcohol, drinking alcohol, or simply alcohol) is an organic compound. It is an Alcohol (chemistry), alcohol with the chemical formula . Its formula can be also written as or (an ethyl ...
. The solvent is then evaporated, and the remaining waxlike resin is the oleoresin capsaicin.
An
emulsifier
An emulsion is a mixture of two or more liquids that are normally immiscible (unmixable or unblendable) owing to liquid-liquid phase separation. Emulsions are part of a more general class of two-phase systems of matter called colloids. Altho ...
such as
propylene glycol
Propylene glycol (IUPAC nomenclature, IUPAC name: propane-1,2-diol) is a viscous, colorless liquid, which is nearly odorless but possesses a faintly sweet taste. Its chemical formula is CH3CH(OH)CH2OH.
Containing two Alcohol (chemistry), alcoho ...
is used to suspend OC in water, and the suspension is then pressurized to make an
aerosol
An aerosol is a suspension (chemistry), suspension of fine solid particles or liquid Drop (liquid), droplets in air or another gas. Aerosols can be natural or Human impact on the environment, anthropogenic. Examples of natural aerosols are fog o ...
pepper spray.
Determining the strength of pepper sprays made by different manufacturers can be confusing and difficult. Statements a company makes about their product strength are not regulated. A method using the capsaicin and related capsaicinoids (CRC) content of the product is unreliable as well, because there are six different types of capsaicinoids, causing different levels of irritation. Manufacturers do not state which particular type of capsaicinoids are used. Personal pepper sprays can range from a low of 0.18% to a high of 3%. Most law enforcement pepper sprays use between 1.3% and 2%. The federal government of the United States has determined that bear attack deterrent sprays must contain at least 1.0% and not more than 2% CRC. CRC does not measure the amount of OC within the formulation. Instead, CRC is the pain-producing component of the OC that produces the burning sensation.
The federal government of the United States makes no mention of
Scoville heat units
The Scoville scale is a measurement of the pungency (spiciness or "heat") of chili peppers, as recorded in Scoville heat units (SHU), based on the concentration of capsaicinoids, among which capsaicin is the predominant component.
The scale ...
(SHU) or OC in their requirements, only CRC (only for bear attack deterrent sprays). But, there are countries (Italy, Portugal and Spain – see below, under "Legality") and a few states within the US that do mention OC limitations. Some manufacturers may show a very high percentage of OC and, although OC is the active ingredient within the formulation, it does not indicate pepper spray strength. High OC percentage also indicates that a spray has more oil content; which can possibly use lower grade pepper oils (but, more of it), or lower grade capsaicinoids (within the major CRCs) and also has less ability to soak and penetrate the skin than a formula with less, but higher-quality, pepper oil, because oil has hydrophobic properties. The OC percentage measures only the amount of chili oil extract contained in the defense spray, not the strength, pungency or effectiveness of the product. Other companies may show a high SHU. The SHU is a measurement of the base resin compound and not what comes out in the aerosol. The rated irritant effect of the resin may be diluted depending on how much of it is put in the can.
Counterparts
There are several counterparts of pepper spray developed and legal to possess in some countries. In the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
,
desmethyldihydrocapsaicin (known also as
PAVA spray
PAVA spray is an incapacitant spray similar to pepper spray. It is dispensed from a handheld canister, in a liquid stream. It contains a 0.3% solution of pelargonic acid vanillylamide (PAVA), also called nonivamide, a synthetic capsaicinoid (anal ...
) is used by police officers. As a
Section 5 weapon, it is not generally permitted to the public.
Pelargonic acid morpholide
4-Nonanoylmorpholine ''pelargonic acid morpholide, N-nonanoylmorpholine, MPK or МПК (for russian: морфолид пеларгоновой кислоты), or MPAis an amide of pelargonic acid and morpholine.
Properties
4-Nonanoylmorpholine ...
(MPK) is widely used as a self-defense chemical agent spray in
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
, though its effectiveness compared to natural pepper spray is unclear. In
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
,
Ministry of Public Security police units and security guards use tear gas ejectors with OC, CS or CN gases. These are defined as a "restricted" weapon that only police officers, as well as approved security, can use. However, the law does not forbid civilians from purchasing and possessing any non-police used pepper spray.
Effects
Pepper spray is an
inflammatory agent. It inflames the mucous membranes in the eyes, nose, throat and lungs. It causes immediate closing of the eyes, difficulty breathing, runny nose, and coughing.
The duration of its effects depends on the strength of the spray; the average full effect lasts from 20 to 90 minutes, but eye irritation and redness can last for up to 24 hours.
The ''Journal of Investigative Ophthalmology and Visual Science'' published a study that concluded that single exposure of the eye to OC is harmless, but repeated exposure can result in long-lasting changes in
cornea
The cornea is the transparent front part of the eye that covers the iris, pupil, and anterior chamber. Along with the anterior chamber and lens, the cornea refracts light, accounting for approximately two-thirds of the eye's total optical power ...
l sensitivity. They found no lasting decrease in
visual acuity
Visual acuity (VA) commonly refers to the clarity of vision, but technically rates an examinee's ability to recognize small details with precision. Visual acuity is dependent on optical and neural factors, i.e. (1) the sharpness of the retinal ...
.
The European Parliament Scientific and Technological Options Assessment (STOA) published in 1998 "An Appraisal of Technologies of Political Control"
The STOA appraisal states:
::"Past experience has shown that to rely on manufacturers unsubstantiated claims about the absence of hazards is unwise. In the US, companies making crowd control weapons, (e.g. pepper-gas manufacturer Zarc International), have put their technical data in the public domain without loss of profitability."
:and
::"Research on chemical irritants should be published in open scientific journals before authorization for any usage is permitted and that the safety criteria for such chemicals should be treated as if they were drugs rather than riot control agents;"
For those taking drugs, or those subjected to restraining techniques that restrict the breathing passages, there is a risk of death. In 1995, the ''
Los Angeles Times
The ''Los Angeles Times'' (abbreviated as ''LA Times'') is a daily newspaper that started publishing in Los Angeles in 1881. Based in the LA-adjacent suburb of El Segundo since 2018, it is the sixth-largest newspaper by circulation in the Un ...
'' reported at least 61 deaths associated with police use of pepper spray since 1990 in the USA. The
American Civil Liberties Union
The American Civil Liberties Union (ACLU) is a nonprofit organization founded in 1920 "to defend and preserve the individual rights and liberties guaranteed to every person in this country by the Constitution and laws of the United States". T ...
(ACLU) documented 27 people in police custody who died after exposure to pepper spray in California since 1993.
["Pepper spray's lethal legacy" in '']Ottawa Citizen
The ''Ottawa Citizen'' is an English-language daily newspaper owned by Postmedia Network in Ottawa, Ontario, Canada.
History
Established as ''The Bytown Packet'' in 1845 by William Harris (journalist), William Harris, it was renamed the '' ...
''. October 22, 1998, p. A1. However, the ACLU report counts all deaths occurring within hours of exposure to pepper spray regardless of prior interaction, taser use, or if drugs are involved. In all 27 cases listed by the ACLU, the coroners' report listed other factors as the primary cause of death; in a few cases the use of pepper spray may have been a contributing factor.
The US Army performed studies in 1993 at
Aberdeen Proving Ground
Aberdeen Proving Ground (APG) (sometimes erroneously called Aberdeen Proving ''Grounds'') is a U.S. Army facility located adjacent to Aberdeen, Harford County, Maryland, United States. More than 7,500 civilians and 5,000 military personnel work at ...
, and a UNC study in 2000 stated that the compound in peppers, capsaicin, is mildly mutagenic, and 10% of mice exposed to it developed cancer. Where the study also found many beneficial effects of capsaicin, the Occupational Safety and Health Administration released statements declaring exposure of employees to OC is an unnecessary health risk. As of 1999, it was in use by more than 2,000 public safety agencies.
The head of the FBI's Less-Than-Lethal Weapons Program at the time of the 1991 study, Special Agent Thomas W. W. Ward, was fired by the FBI and was sentenced to two months in prison for receiving payments from a pepper-gas manufacturer while conducting and authoring the FBI study that eventually approved pepper spray for FBI use. Prosecutors said that from December 1989 through 1990, Ward received about $5,000 a month for a total of $57,500, from Luckey Police Products, a Fort Lauderdale, Florida-based company that was a major producer and supplier of pepper spray. The payments were paid through a Florida company owned by Ward's wife.
Direct close-range spray can cause more serious eye irritation by attacking the cornea with a concentrated stream of liquid (the so-called "hydraulic needle" effect). Some brands have addressed this problem by means of an elliptically cone-shaped spray pattern.
Pepper spray has been associated with
positional asphyxiation
Positional asphyxia, also known as postural asphyxia, is a form of asphyxia which occurs when someone's position prevents the person from breathing adequately. People may die from positional asphyxia accidentally, when the mouth and nose are blo ...
of individuals in police custody. There is much debate over the actual cause of death in these cases. There have been few controlled clinical studies of the human health effects of pepper spray marketed for police use, and those studies are contradictory. Some studies have found no harmful effects beyond the effects described above. Due to these studies and deaths, many law enforcement agencies have moved to include policies and training to prevent positional deaths. However, there are some scientific studies that argue the positional asphyxiation claim is a myth due to pinpoint pressure on a person. The study by two universities stressed that no pressure should be applied to the neck area. They concluded that the person's own weight is not scientifically enough to stop a person's breathing with the rest of their body supported.
Acute response
For individuals not previously exposed to OC effects, the general feelings after being sprayed can be best likened to being "set alight." The initial reaction, should the spray be directed at the face, is the involuntary closing of the eyes, an instant sensation of the restriction of the airways and the general feeling of sudden and intense, searing pain about the face, nose, and throat. This is due to irritation of mucous membranes. Many people experience fear and are disoriented due to sudden restriction of vision even though it is temporary. There is associated shortness of breath, although studies performed with asthmatics have not produced any asthma attacks in those individuals, and monitoring is still needed for the individuals after exposure. Police are trained to repeatedly instruct targets to breathe normally if they complain of difficulty, as the shock of the exposure can generate considerable panic as opposed to actual physical symptoms.
Treatment
Capsaicin
Capsaicin (8-methyl-''N''-vanillyl-6-nonenamide) ( or ) is an active component of chili peppers, which are plants belonging to the genus ''Capsicum''. It is a chemical irritant for mammals, including humans, and produces a sensation of burning ...
is not soluble in water, and even large volumes of water will not wash it off, only dilute it. In general, victims are encouraged to blink vigorously in order to encourage tears, which will help flush the irritant from the eyes.
A study of five often-recommended treatments for skin pain (
Maalox
Maalox is a brand of antacid owned by Sanofi. Their main product is a flavored liquid containing a suspension of aluminum hydroxide and magnesium hydroxide, which act to neutralize or reduce stomach acid, for the purpose of relieving the symptoms ...
, 2%
lidocaine
Lidocaine, also known as lignocaine and sold under the brand name Xylocaine among others, is a local anesthetic of the amino amide type. It is also used to treat ventricular tachycardia. When used for local anaesthesia or in nerve blocks, lidoca ...
gel,
baby shampoo, milk, or water) concluded that:
...there was no significant difference in pain relief provided by five different treatment regimens. Time after exposure appeared to be the best predictor for a decrease in pain...
There is no way to simply neutralize the effects of tear gas, but a person can be helped to minimize the effects. by moving away from the source and to fresh air. Many ambulance services and emergency departments carry saline to remove the spray. Some of the OC and CS will remain in the respiratory system, but a recovery of vision and the coordination of the eyes can be expected within 7 to 15 minutes.
Some "triple-action" pepper sprays also contain "tear gas" (
CS gas
The compound 2-chlorobenzalmalononitrile (also called ''o''-chlorobenzylidene malononitrile; chemical formula: C10H5ClN2), a cyanocarbon, is the defining component of tear gas commonly referred to as CS gas, which is used as a riot control agent ...
), which can be neutralized with
sodium metabisulfite
Sodium metabisulfite or sodium pyrosulfite (IUPAC spelling; Br. E. sodium metabisulphite or sodium pyrosulphite) is an inorganic compound of chemical formula Na2S2O5. The substance is sometimes referred to as disodium metabisulfite. It is used a ...
(
Campden tablets
Campden tablets (potassium or sodium metabisulfite) are a sulphur-based product that is used primarily to sterilize wine, cider and in beer making to kill bacteria and to inhibit the growth of most wild yeast: this product is also used to elimi ...
), though it is not for use on a person, only for area clean up.
Use
Pepper spray typically comes in canisters, which are often small enough to be carried or
concealed in a pocket or purse. Pepper spray can also be purchased concealed in items such as
rings
Ring may refer to:
* Ring (jewellery), a round band, usually made of metal, worn as ornamental jewelry
* To make a sound with a bell, and the sound made by a bell
:(hence) to initiate a telephone connection
Arts, entertainment and media Film and ...
. There are also
pepper spray projectiles available, which can be fired from a
paintball gun or similar platform. It has been used for years against demonstrators and aggressive animals like bears. There are also many types such as foam, gel, foggers, and spray.
Legality
Pepper spray is banned for use in war by Article I.5 of the
Chemical Weapons Convention
The Chemical Weapons Convention (CWC), officially the Convention on the Prohibition of the Development, Production, Stockpiling and Use of Chemical Weapons and on their Destruction, is an arms control treaty administered by the Organisation for ...
, which bans the use of all
riot control
Riot control measures are used by law enforcement, military, paramilitary or security forces to control, disperse, and arrest people who are involved in a riot, unlawful demonstration or unlawful protest.
If a riot is spontaneous and irration ...
agents in warfare whether
lethal
Lethality (also called deadliness or perniciousness) is how capable something is of causing death. Most often it is used when referring to diseases, chemical weapons, biological weapons, or their toxic chemical components. The use of this ter ...
or less-than-lethal.
Depending on the location, it may be legal to use for
self-defense
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
.
Africa
*
Nigeria
Nigeria ( ), , ig, Naìjíríyà, yo, Nàìjíríà, pcm, Naijá , ff, Naajeeriya, kcg, Naijeriya officially the Federal Republic of Nigeria, is a country in West Africa. It is situated between the Sahel to the north and the Gulf o ...
: Assistant Police Commissioner stated that pepper sprays are illegal for civilians to possess.
*
South Africa
South Africa, officially the Republic of South Africa (RSA), is the southernmost country in Africa. It is bounded to the south by of coastline that stretch along the South Atlantic and Indian Oceans; to the north by the neighbouring countri ...
: Pepper sprays are legal to own by civilians for self defence.
Asia
*
Bangladesh
Bangladesh (}, ), officially the People's Republic of Bangladesh, is a country in South Asia. It is the eighth-most populous country in the world, with a population exceeding 165 million people in an area of . Bangladesh is among the mos ...
:
** Bengal Police started using pepper spray to control opposition movement.
*
China
China, officially the People's Republic of China (PRC), is a country in East Asia. It is the world's most populous country, with a population exceeding 1.4 billion, slightly ahead of India. China spans the equivalent of five time zones and ...
: Forbidden for civilians, it is used only by law enforcement agencies. Less lethal sprays are legal.
**
Hong Kong
Hong Kong ( (US) or (UK); , ), officially the Hong Kong Special Administrative Region of the People's Republic of China ( abbr. Hong Kong SAR or HKSAR), is a city and special administrative region of China on the eastern Pearl River Delt ...
: Forbidden for civilians, it is legal to possess and use only by the members of
Disciplined Services when on duty.
*** Such devices are classified as "arms" under the "Laws of Hong Kong". Chap 238 ''Firearms and Ammunition Ordinance''. Without a valid license from the
Hong Kong Police Force
The Hong Kong Police Force (HKPF) is the primary law enforcement, investigative agency, and largest Hong Kong Disciplined Services, disciplined service under the Security Bureau (Hong Kong), Security Bureau of Hong Kong. The Royal Hong Kong Po ...
, it is a crime to possess and can result in a fine of $100,000 and imprisonment for up to 14 years.
*
India
India, officially the Republic of India (Hindi: ), is a country in South Asia. It is the seventh-largest country by area, the second-most populous country, and the most populous democracy in the world. Bounded by the Indian Ocean on the so ...
: Legal
** They are sold via government-approved companies after performing a background verification.
*
Indonesia
Indonesia, officially the Republic of Indonesia, is a country in Southeast Asia and Oceania between the Indian and Pacific oceans. It consists of over 17,000 islands, including Sumatra, Java, Sulawesi, and parts of Borneo and New Guine ...
: It is legal, but there are restrictions on its sale and possession.
*
Iran
Iran, officially the Islamic Republic of Iran, and also called Persia, is a country located in Western Asia. It is bordered by Iraq and Turkey to the west, by Azerbaijan and Armenia to the northwest, by the Caspian Sea and Turkmeni ...
: Forbidden for civilians, it is used only by the police.
*
Israel
Israel (; he, יִשְׂרָאֵל, ; ar, إِسْرَائِيل, ), officially the State of Israel ( he, מְדִינַת יִשְׂרָאֵל, label=none, translit=Medīnat Yīsrāʾēl; ), is a country in Western Asia. It is situated ...
: OC and CS spray cans may be purchased by any member of the public without restriction and carried in public.
** In the 1980s, a firearms license was required for doing so, but these sprays have since been deregulated.
*
Japan
Japan ( ja, 日本, or , and formally , ''Nihonkoku'') is an island country in East Asia. It is situated in the northwest Pacific Ocean, and is bordered on the west by the Sea of Japan, while extending from the Sea of Okhotsk in the north ...
: There are no laws against possession or use, but using it could result in imprisonment, depending on the damage caused to the target.
*
Malaysia
Malaysia ( ; ) is a country in Southeast Asia. The federation, federal constitutional monarchy consists of States and federal territories of Malaysia, thirteen states and three federal territories, separated by the South China Sea into two r ...
: Use and possession of pepper spray for self-defense are legal.
*
Mongolia
Mongolia; Mongolian script: , , ; lit. "Mongol Nation" or "State of Mongolia" () is a landlocked country in East Asia, bordered by Russia to the north and China to the south. It covers an area of , with a population of just 3.3 million, ...
: Possession and use for self-defense are legal, and it is freely available in stores.
*
Philippines
The Philippines (; fil, Pilipinas, links=no), officially the Republic of the Philippines ( fil, Republika ng Pilipinas, links=no),
* bik, Republika kan Filipinas
* ceb, Republika sa Pilipinas
* cbk, República de Filipinas
* hil, Republ ...
: Possession and use for self-defense is legal, and it is freely available in stores.
*
Saudi Arabia
Saudi Arabia, officially the Kingdom of Saudi Arabia (KSA), is a country in Western Asia. It covers the bulk of the Arabian Peninsula, and has a land area of about , making it the fifth-largest country in Asia, the second-largest in the A ...
: Use and possession of pepper spray for self-defense are legal.
** It is an offense to use pepper spray on anyone for reasons other than self-defense.
*
Singapore
Singapore (), officially the Republic of Singapore, is a sovereign island country and city-state in maritime Southeast Asia. It lies about one degree of latitude () north of the equator, off the southern tip of the Malay Peninsula, borde ...
: Travellers are prohibited from bringing pepper spray into the country, and it is illegal for the public to possess it.
*
South Korea
South Korea, officially the Republic of Korea (ROK), is a country in East Asia, constituting the southern part of the Korea, Korean Peninsula and sharing a Korean Demilitarized Zone, land border with North Korea. Its western border is formed ...
: Pepper sprays containing OC are legal.
** Requires a permit to distribute, own, carry pepper sprays containing pre-compressed gas or explosive propellent.
** Pepper sprays without any pre-compressed gas or explosive propellent are unrestricted.
*
Thailand
Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
: Use for self-defense is legal, and it is freely available in stores.
** Possession in a public place can be punished by confiscation and a fine.
*
Taiwan
Taiwan, officially the Republic of China (ROC), is a country in East Asia, at the junction of the East and South China Seas in the northwestern Pacific Ocean, with the People's Republic of China (PRC) to the northwest, Japan to the nort ...
: Legal for self-defense, it is available in some shops.
** It is an offense to use pepper spray on anyone for reasons other than self-defense.
*
Vietnam
Vietnam or Viet Nam ( vi, Việt Nam, ), officially the Socialist Republic of Vietnam,., group="n" is a country in Southeast Asia, at the eastern edge of mainland Southeast Asia, with an area of and population of 96 million, making i ...
: Forbidden for civilians and used only by the police.
Europe
*
Austria
Austria, , bar, Östareich officially the Republic of Austria, is a country in the southern part of Central Europe, lying in the Eastern Alps. It is a federation of nine states, one of which is the capital, Vienna, the most populous ...
: Pepper spray is classified as a self-defense device, they may be owned and carried by adults without registration or permission. Justified use against humans as self-defense is allowed.
*
Belgium
Belgium, ; french: Belgique ; german: Belgien officially the Kingdom of Belgium, is a country in Northwestern Europe. The country is bordered by the Netherlands to the north, Germany to the east, Luxembourg to the southeast, France to th ...
: Pepper spray is classified as a prohibited weapon.
** Possession is illegal for anyone other than police officers, police agents (assistant police officers), security officers of public transport companies, soldiers and customs officers to carry a capsicum spray. It's also authorised after obtaining permission from the
Minister of Internal Affairs
Minister may refer to:
* Minister (Christianity), a Christian cleric
** Minister (Catholic Church)
* Minister (government), a member of government who heads a ministry (government department)
** Minister without portfolio, a member of governme ...
.
*
Czech Republic
The Czech Republic, or simply Czechia, is a landlocked country in Central Europe. Historically known as Bohemia, it is bordered by Austria to the south, Germany to the west, Poland to the northeast, and Slovakia to the southeast. The ...
: Possession and carrying is legal.
** Police also encourage vulnerable groups like pensioners, children, and women to carry pepper spray.
** Carrying at public demonstrations and into court buildings is illegal (pepper spray as well as other weapons may be left with armed guard upon entry of a courthouse).
*
Denmark
)
, song = ( en, "King Christian stood by the lofty mast")
, song_type = National and royal anthem
, image_map = EU-Denmark.svg
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Danish Realm, Kingdom of Denmark
...
: Pepper spray is only legal to own with special permission from the police.
*
Finland
Finland ( fi, Suomi ; sv, Finland ), officially the Republic of Finland (; ), is a Nordic country in Northern Europe. It shares land borders with Sweden to the northwest, Norway to the north, and Russia to the east, with the Gulf of B ...
: Possession of pepper spray requires a license.
** Licenses are issued for defensive purposes and to individuals working jobs where such a device is needed such as the private security sector.
*
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
: It is legal for anyone over the age of 18 to buy pepper spray in an armory or military surplus store.
** It is classified as a Category D Weapon in French law and if the aerosol contains more than , it is classed as an offensive weapon; possession in a public place can be punished by confiscation and a fine.
*** However, if it contains less than , while still a Category 6 Weapon, it is not classed as a punishable offense for the purposes of the Weapons law. Upon control, it will be confiscated and a verbal warning might be issued.
*
Germany
Germany,, officially the Federal Republic of Germany, is a country in Central Europe. It is the second most populous country in Europe after Russia, and the most populous member state of the European Union. Germany is situated betwe ...
: Pepper sprays labeled ''for the purpose of defense against animals'' may be owned and carried by all citizens regardless of age. Such sprays are not legally considered as weapon
§1 Carrying it at (or on the way to and from)
demonstrations
Demonstration may refer to:
* Demonstration (acting), part of the Brechtian approach to acting
* Demonstration (military), an attack or show of force on a front where a decision is not sought
* Demonstration (political), a political rally or prote ...
may still be punished.
** Sprays that are not labelled "animal-defence spray" or do not bear the test mark of the (MPA, material testing institute) are classified as prohibited weapons.
*** Justified use against humans as self-defense is allowed.
** CS sprays bearing a test mark of the MPA may be owned and carried by anyone over the age of 14.
[Ministerium des Inneren](_blank)
on ''Weapon Laws'' (German).
*
Greece
Greece,, or , romanized: ', officially the Hellenic Republic, is a country in Southeast Europe. It is situated on the southern tip of the Balkans, and is located at the crossroads of Europe, Asia, and Africa. Greece shares land borders with ...
: Such items are illegal. They will be confiscated and possession may result in detention and arrest.
*
Hungary
Hungary ( hu, Magyarország ) is a landlocked country in Central Europe. Spanning of the Carpathian Basin, it is bordered by Slovakia to the north, Ukraine to the northeast, Romania to the east and southeast, Serbia to the south, Croatia a ...
: Such items are reserved for law enforcement (including civilian members of the
auxiliary police
Auxiliary police, also called special police, are usually the part-time reserves of a regular police force. They may be armed or unarmed. They may be unpaid volunteers or paid members of the police service with which they are affiliated. The po ...
).
** Civilians may carry canisters filled with maximum of any other
lachrymatory agent
Tear gas, also known as a lachrymator agent or lachrymator (), sometimes colloquially known as "mace" after the early commercial aerosol, is a chemical weapon that stimulates the nerves of the lacrimal gland in the eye to produce tears. In ad ...
.
*** However, there is no restriction for pepper
gas pistol
A gas pistol is a non-lethal weapon used for self-defense and other purposes. It is typically a close-to-exact replica or conversion of a traditional handgun made to be able to fire blanks or tear gas cartridges. Effective range is up to 4.5 metr ...
cartridges.
*
Iceland
Iceland ( is, Ísland; ) is a Nordic island country in the North Atlantic Ocean and in the Arctic Ocean. Iceland is the most sparsely populated country in Europe. Iceland's capital and largest city is Reykjavík, which (along with its s ...
: Possession of pepper spray is illegal for private citizens.
** Police officers and customs officers carry it. Coast guardsmen as well as prison officers have access to it.
** Members of the riot police use larger pepper-spray canisters than what is used by a normal police officer.
*
Ireland
Ireland ( ; ga, Éire ; Ulster Scots dialect, Ulster-Scots: ) is an island in the Atlantic Ocean, North Atlantic Ocean, in Northwestern Europe, north-western Europe. It is separated from Great Britain to its east by the North Channel (Grea ...
: Possession of this spray by persons other the
Garda Síochána
(; meaning "the Guardian(s) of the Peace"), more commonly referred to as the Gardaí (; "Guardians") or "the Guards", is the national police service of Ireland. The service is headed by the Garda Commissioner who is appointed by the Irish Gover ...
(national police) is an offence under the Firearms and Offensive Weapons Act.
*
Italy
Italy ( it, Italia ), officially the Italian Republic, ) or the Republic of Italy, is a country in Southern Europe. It is located in the middle of the Mediterranean Sea, and its territory largely coincides with the homonymous geographical re ...
: Any citizen over 16 years of age without a
criminal record
A criminal record, police record, or colloquially RAP sheet (Record of Arrests and Prosecutions) is a record of a person's criminal history. The information included in a criminal record and the existence of a criminal record varies between coun ...
could possess, carry and purchase any OC-based compounds and personal defence devices that respond to the following criteria:
** Containing a payload not exceeding , with a percentage of Oleoresin Capsicum not exceeding 10% and a maximum concentration of
capsaicin
Capsaicin (8-methyl-''N''-vanillyl-6-nonenamide) ( or ) is an active component of chili peppers, which are plants belonging to the genus ''Capsicum''. It is a chemical irritant for mammals, including humans, and produces a sensation of burning ...
and capsaicinoid substances not exceeding 2,5%;
** Containing no flammable, corrosive, toxic or carcinogenic substances, and no other aggressive chemical compound than OC itself;
** Being sealed when sold and featuring a safety device against accidental discharge;
** Featuring a range not exceeding .
*
Latvia
Latvia ( or ; lv, Latvija ; ltg, Latveja; liv, Leţmō), officially the Republic of Latvia ( lv, Latvijas Republika, links=no, ltg, Latvejas Republika, links=no, liv, Leţmō Vabāmō, links=no), is a country in the Baltic region of ...
: Pepper spray is classified as a self-defense device.
** It can be bought and carried by anyone over 16 years of age.
** Pepper spray handguns can be bought and carried without any license by anyone over 18.
*
Lithuania
Lithuania (; lt, Lietuva ), officially the Republic of Lithuania ( lt, Lietuvos Respublika, links=no ), is a country in the Baltic region of Europe. It is one of three Baltic states and lies on the eastern shore of the Baltic Sea. Lithuania ...
: Classified as D category weapon, but can be bought and carried by anyone over 18 years of age (without registration nor permission).
** Issued as auxilary service device to
police
The police are a constituted body of persons empowered by a state, with the aim to enforce the law, to ensure the safety, health and possessions of citizens, and to prevent crime and civil disorder. Their lawful powers include arrest and t ...
.
** Police also encourages vulnerable groups like pensioners or women to carry one.
*
Montenegro
)
, image_map = Europe-Montenegro.svg
, map_caption =
, image_map2 =
, capital = Podgorica
, coordinates =
, largest_city = capital
, official_languages = M ...
: It is legal for civilians over the age of 16 to buy, own and carry pepper spray but it is illegal to carry it in a way that it is shown to other people in public spaces or disturb people with it in any way. You are allowed to use it as a self-defense tool if needed.
*
Netherlands
)
, anthem = ( en, "William of Nassau")
, image_map =
, map_caption =
, subdivision_type = Sovereign state
, subdivision_name = Kingdom of the Netherlands
, established_title = Before independence
, established_date = Spanish Netherl ...
: It is illegal for civilians to own and carry pepper spray.
** Only police officers trained in the specific use of pepper spray are allowed to carry and use it against civilians and animals.
*
Norway
Norway, officially the Kingdom of Norway, is a Nordic country in Northern Europe, the mainland territory of which comprises the western and northernmost portion of the Scandinavian Peninsula. The remote Arctic island of Jan Mayen and t ...
: It is illegal for civilians.
** Police officers are allowed to carry pepper spray as part of their standard equipment.
*
Poland
Poland, officially the Republic of Poland, is a country in Central Europe. It is divided into 16 administrative provinces called voivodeships, covering an area of . Poland has a population of over 38 million and is the fifth-most populous ...
: Called precisely in
Polish Penal Code ''Kodeks Karny'' is Poland's criminal-law code. The name is often abbreviated ''KK''.
Modern Polish legal history has seen the introduction of three penal codes: in 1932; in 1969, during the communist era; and in 1997. The last of those has been ...
"a hand-held disabling gas thrower", sprays are not considered a weapon.
** They can be carried by anyone without further registration or permission.
*
Portugal
Portugal, officially the Portuguese Republic ( pt, República Portuguesa, links=yes ), is a country whose mainland is located on the Iberian Peninsula of Southwestern Europe, and whose territory also includes the Atlantic archipelagos of ...
: Civilians who do not have criminal records are allowed to get police permits to purchase from gun shops, carry, and use OC sprays with a maximum concentration of 5%.
*
Romania
Romania ( ; ro, România ) is a country located at the crossroads of Central Europe, Central, Eastern Europe, Eastern, and Southeast Europe, Southeastern Europe. It borders Bulgaria to the south, Ukraine to the north, Hungary to the west, S ...
: Pepper spray is banned at sporting and cultural events, public transportation and entertainment locations (according to Penal Code 2012, art 372, (1), c).
*
Russia
Russia (, , ), or the Russian Federation, is a List of transcontinental countries, transcontinental country spanning Eastern Europe and North Asia, Northern Asia. It is the List of countries and dependencies by area, largest country in the ...
: It is classified as a self-defense weapon and can be carried by anyone over 18.
** Use against humans is legal.
*** OC is not the only legal agent used. CS, CR,
PAM (МПК), and (rarely) CN are also legal and highly popular.
*
Serbia
Serbia (, ; Serbian language, Serbian: , , ), officially the Republic of Serbia (Serbian language, Serbian: , , ), is a landlocked country in Southeast Europe, Southeastern and Central Europe, situated at the crossroads of the Pannonian Bas ...
: Pepper spray is legal under the new law as of 2016 and can be carried by anyone over the age of 16. Use against humans in self-defence is legal.
*
Slovakia
Slovakia (; sk, Slovensko ), officially the Slovak Republic ( sk, Slovenská republika, links=no ), is a landlocked country in Central Europe. It is bordered by Poland to the north, Ukraine to the east, Hungary to the south, Austria to the s ...
: It is classified as a self-defense weapon.
** It is available to anyone over 18.
** The police recommend its use.
*
Spain
, image_flag = Bandera de España.svg
, image_coat = Escudo de España (mazonado).svg
, national_motto = ''Plus ultra'' (Latin)(English: "Further Beyond")
, national_anthem = (English: "Royal March")
, i ...
: Approved pepper spray made with 5% CS is available to anyone older than 18 years.
** OC pepper spray, recently adopted for some civilian use (e.g., one of , with no registration DGSP-07-22-SDP, is approved by the Ministry of Health and Consumption).
*
Sweden
Sweden, formally the Kingdom of Sweden,The United Nations Group of Experts on Geographical Names states that the country's formal name is the Kingdom of SwedenUNGEGN World Geographical Names, Sweden./ref> is a Nordic country located on ...
: Requires weapons licence, essentially always illegal to carry in public or private. Issued as supplementary service weapon to police.
*
Switzerland
). Swiss law does not designate a ''capital'' as such, but the federal parliament and government are installed in Bern, while other federal institutions, such as the federal courts, are in other cities (Bellinzona, Lausanne, Luzern, Neuchâtel ...
: Pepper spray in Switzerland is subject to the Chemicals Legislation. It may only be distributed to buyers above 18 years of age and against ID evidence. Self-service is not permitted and the customer ought to be made aware of safe storage, use and disposal. The vendor needs to possess the "Know-how for the distribution of particularly hazardous chemicals". Potential mailing has to be shipped by registered courier with the remark "to addressee only". The products must be classified and labeled at least an irritant (Xi;R36/37). Regulations for aerosol packages need to be observed. Sprays with
greenhouse
A greenhouse (also called a glasshouse, or, if with sufficient heating, a hothouse) is a structure with walls and roof made chiefly of Transparent ceramics, transparent material, such as glass, in which plants requiring regulated climatic condit ...
relevant propellants such as R134a (1,1,1,2-Tetrafluorethan) are banned. Spray products for self-defense with irritants such as CA, CS, CN, CR are considered as weapons in terms of the gun control law. The weapon purchase permit, as well as the weapon carrier permit, are required for the purchase of such weapons. In 2009, the Swiss Army introduced for the military personnel the ''irritant atomizer 2000'' (RSG-2000) and is introduced during watch functions. The military bearer permit is granted after passing the half-day training.
*
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and North ...
: Pepper spray is illegal under Section 5(1)(b) of the
Firearms Act 1968
The Firearms Act 1968c 27 is a UK Act of Parliament, controlling use and possession of firearms.
Since 1968, the act has been extensively amended. Following the Hungerford massacre, the Firearms (Amendment) Act 1988 extended the class of prohi ...
: "''A person commits an offence if
..he has in his possession
..any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing.''"
** Police officers are exempt from this law and permitted to carry pepper spray as part of their standard equipment.
North America
Canada
Pepper spray designed to be used against people is considered a prohibited weapon in Canada. The definition under regulation states "any device designed to be used for the purpose of injuring, immobilizing or otherwise incapacitating any person by the discharge therefrom of (a) tear gas, Mace or other gas, or (b) any liquid, spray, powder or other substance that is capable of injuring, immobilizing or otherwise incapacitating any person" is a prohibited weapon.
Only
law enforcement officer
A law enforcement officer (LEO), or peace officer in North American English, is a Public sector, public-sector employee whose duties primarily involve the Law enforcement, enforcement of laws. The phrase can include campaign disclosure specialist ...
s may legally carry or possess pepper spray labeled for use on persons. Any similar canister with the labels reading "dog spray" or "bear spray" is regulated under the ''Pest Control Products Act''—while legal to be carried by anyone, it is against the law if its use causes "a risk of imminent death or serious bodily harm to another person" or harming the environment and carries a penalty up to a fine of $500,000 and jail time of maximum 3 years. Carrying bear spray in public, without justification, may also lead to charges under the
Criminal Code
A criminal code (or penal code) is a document that compiles all, or a significant amount of a particular jurisdiction's criminal law. Typically a criminal code will contain offences that are recognised in the jurisdiction, penalties that migh ...
.
United States
It is a federal offense to carry/ship pepper spray on a commercial airliner or possess it beyond the security metal detectors at the airport. State law and local ordinances regarding possession and use vary across the country. Pepper spray up to 4 Oz is permitted in checked baggage.
When pepper spray is used in the workplace,
OSHA
OSHA or Osha may refer to:
Work
* Occupational Safety and Health Administration, a federal agency of the United States that regulates workplace safety and health
* Occupational Safety and Health Act (United States) of 1970, a federal law in the Un ...
requires a pepper spray
Safety Data Sheet
A safety data sheet (SDS), material safety data sheet (MSDS), or product safety data sheet (PSDS) is a document that lists information relating to occupational safety and health for the use of various substances and products. SDSs are a widely ...
(SDS) be available to all employees.
Pepper spray can be legally purchased and carried in all 50 states and the District of Columbia. Some states regulate the maximum allowed strength of the pepper spray, age restriction, content and use.
*
California
California is a U.S. state, state in the Western United States, located along the West Coast of the United States, Pacific Coast. With nearly 39.2million residents across a total area of approximately , it is the List of states and territori ...
: As of January 1, 1996 and as a result of Assembly Bill 830 (Speier), the pepper spray and Mace programs are now deregulated. Consumers will no longer be required to have the training, and a certificate is not required to purchase or possess these items. Pepper spray and Mace are available through gun shops, sporting goods stores, and other business outlets. California Penal Code Section 12400–12460 govern pepper spray use in California.
Container holding the defense spray must contain no more than net weight of aerosol spray.
** Certain individuals are still prohibited from possessing pepper spray, including minors under the age of 16, convicted felons, individuals convicted of certain drug offenses, individuals convicted of assault, and individuals convicted of misusing pepper spray.
*
: Before July 1, 2014, residents may purchase defense sprays only from licensed Firearms Dealers in that state, and must hold a valid Firearms Identification Card (FID) or License to Carry Firearms (LTC) to purchase or to possess outside of one's own private property. New legislations allow residents to purchase pepper spray without a Firearms Identification Card starting July 1.
*
Florida
Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, and to ...
: Any pepper spray containing no more than of chemical can be carried in public openly or concealed without a permit. Furthermore, any such pepper spray is classified as "self-defense chemical spray" and therefore not considered a weapon under Florida law.
*
Michigan
Michigan () is a state in the Great Lakes region of the upper Midwestern United States. With a population of nearly 10.12 million and an area of nearly , Michigan is the 10th-largest state by population, the 11th-largest by area, and the ...
: Allows "reasonable use" of spray containing not more than 18% oleoresin capsicum to protect "a person or property under circumstances that would justify the person's use of physical force". It is illegal to distribute a "self-defense spray" to a person under 18 years of age.
*
New York
New York most commonly refers to:
* New York City, the most populous city in the United States, located in the state of New York
* New York (state), a state in the northeastern United States
New York may also refer to:
Film and television
* '' ...
: Can be legally possessed by any person age 18 or over. Restricted to no more than 0.67%
capsaicin
Capsaicin (8-methyl-''N''-vanillyl-6-nonenamide) ( or ) is an active component of chili peppers, which are plants belonging to the genus ''Capsicum''. It is a chemical irritant for mammals, including humans, and produces a sensation of burning ...
content.
** It must be purchased in person (i.e., cannot be purchased by mail-order or internet sale) either at a pharmacy or from a licensed firearm retailer (
NY Penal Law
The ''Consolidated Laws of the State of New York'' are the codification of the permanent laws of a general nature of New York enacted by the New York State Legislature.
It is composed of several chapters, or laws. New York uses a system called " ...
265.20 14) and the seller must keep a record of purchases.
*** The use of pepper spray to prevent a public official from performing his/her official duties is a class-E
felony
A felony is traditionally considered a crime of high seriousness, whereas a misdemeanor is regarded as less serious. The term "felony" originated from English common law (from the French medieval word "félonie") to describe an offense that resu ...
.
*
New Jersey
New Jersey is a state in the Mid-Atlantic and Northeastern regions of the United States. It is bordered on the north and east by the state of New York; on the east, southeast, and south by the Atlantic Ocean; on the west by the Delaware ...
: Non-felons over the age of 18 can possess a small amount of pepper spray, with no more than three-quarters of an ounce of chemical substance.
*
Texas
Texas (, ; Spanish language, Spanish: ''Texas'', ''Tejas'') is a state in the South Central United States, South Central region of the United States. At 268,596 square miles (695,662 km2), and with more than 29.1 million residents in 2 ...
law makes it legal for an individual to possess a small, commercially sold container of pepper spray for personal self-defense. However, Texas law otherwise makes it illegal to carry a "Chemical dispensing device".
*
Virginia
Virginia, officially the Commonwealth of Virginia, is a state in the Mid-Atlantic and Southeastern regions of the United States, between the Atlantic Coast and the Appalachian Mountains. The geography and climate of the Commonwealth ar ...
: Code of Virginia § 18.2-312. Illegal use of tear gas, phosgene, and other gases. "If any person maliciously releases or cause or procure to be released in any private home, place of business or place of public gathering any tear gas, mustard gas, phosgene gas or other noxious or nauseating gases or mixtures of chemicals designed to, and capable of, producing vile or injurious or nauseating odors or gases, and bodily injury results to any person from such gas or odor, the offending person shall be guilty of a Class 3 felony. If such act be done unlawfully, but not maliciously, the offending person shall be guilty of a Class 6 felony. Nothing herein contained shall prevent the use of tear gas or other gases by police officers or other peace officers in the proper performance of their duties, or by any person or persons in the protection of the person, life or property."
*
Washington
Washington commonly refers to:
* Washington (state), United States
* Washington, D.C., the capital of the United States
** A metonym for the federal government of the United States
** Washington metropolitan area, the metropolitan area centered o ...
: Persons over 18 may carry personal-protection spray devices.
** Persons over age 14 may carry personal-protection spray devices with their legal guardian's consent.
*
Wisconsin
Wisconsin () is a state in the upper Midwestern United States. Wisconsin is the 25th-largest state by total area and the 20th-most populous. It is bordered by Minnesota to the west, Iowa to the southwest, Illinois to the south, Lake M ...
: Tear gas is not permissible.
** By regulation, OC products with a maximum OC concentration of 10% and weight range of oleoresin of capsicum and inert ingredients of are authorized. Further, the product cannot be camouflaged and must have a safety feature designed to prevent accidental discharge. The units may not have an effective range of over and must have an effective range of .
*** In addition there are certain labeling and packaging requirements, it must not be sold to anyone under 18 and the phone number of the manufacturer has to be on the label. The units must also be sold in sealed tamper-proof packages.
South America
*
Brazil
Brazil ( pt, Brasil; ), officially the Federative Republic of Brazil (Portuguese: ), is the largest country in both South America and Latin America. At and with over 217 million people, Brazil is the world's fifth-largest country by area ...
: Classified as a weapon by Federal Act n° 3665/2000 (Regulation for Fiscalization of Controlled Products). Only law enforcement officers and private security agents with a recognized Less Lethal Weapons training certificate can carry it.
*
Colombia
Colombia (, ; ), officially the Republic of Colombia, is a country in South America with insular regions in North America—near Nicaragua's Caribbean coast—as well as in the Pacific Ocean. The Colombian mainland is bordered by the Car ...
: Can be sold without any kind of restriction to anyone older than 14 years.
** Use has not been inducted on the law enforcement officer's arsenal.
Australia
*
Australian Capital Territory
The Australian Capital Territory (commonly abbreviated as ACT), known as the Federal Capital Territory (FCT) until 1938, is a landlocked federal territory of Australia containing the national capital Canberra and some surrounding townships. ...
: Pepper spray is a "prohibited weapon", making it an offence to possess or use it.
*
New South Wales
)
, nickname =
, image_map = New South Wales in Australia.svg
, map_caption = Location of New South Wales in AustraliaCoordinates:
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, es ...
: Possession of pepper spray by unauthorized persons is illegal, under schedule 1 of the Weapons Prohibition Act 1998, being classified as a "prohibited weapon".
*
Northern Territory
The Northern Territory (commonly abbreviated as NT; formally the Northern Territory of Australia) is an states and territories of Australia, Australian territory in the central and central northern regions of Australia. The Northern Territory ...
: Prescribed by regulation to be a prohibited weapon under the Weapons Control Act.
** This legislation makes it an offense for someone without a permit, normally anyone who is not an officer of Police/Correctional Services/Customs/Defence, to carry a prohibited weapon.
*
Tasmania
)
, nickname =
, image_map = Tasmania in Australia.svg
, map_caption = Location of Tasmania in AustraliaCoordinates:
, subdivision_type = Country
, subdi ...
: Possession of pepper spray by unauthorized persons is illegal, under an amendment of the Police Offences Act 1935, being classified as an "offensive weapon". Likewise, possession of knives, batons, and any other instrument that may be considered, "Offensive Weapons" if they are possessed by an individual, in a Public Place, "Without lawful excuse", leading to confusion within the police force over what constitutes "lawful excuse". Self-defense as a lawful excuse to carry such items varies from one officer to the next.
** Pepper spray is commercially available without a license. Authority to possess and use Oleoresin Capsicum devices remains with Tasmania Police Officers (As part of general-issue operational equipment), and Tasmanian Justice Department (H.M. Prisons) Officers.
*
South Australia
South Australia (commonly abbreviated as SA) is a state in the southern central part of Australia. It covers some of the most arid parts of the country. With a total land area of , it is the fourth-largest of Australia's states and territories ...
: in South Australia, possession of pepper spray without lawful excuse is illegal.
*
Western Australia
Western Australia (commonly abbreviated as WA) is a state of Australia occupying the western percent of the land area of Australia excluding external territories. It is bounded by the Indian Ocean to the north and west, the Southern Ocean to th ...
: The possession of pepper spray by individuals for self-defense subject to a "reasonable excuse" test has been legal in Western Australia following the landmark Supreme Court decision in Hall v Collins
003 003, O03, 0O3, OO3 may refer to:
*003, fictional British 00 Agent
*003, former emergency telephone number for the Norwegian ambulance service (until 1986)
*1990 OO3, the asteroid 6131 Towen
* OO3 gauge model railway
*''O03 (O2)'' and other related ...
WASCA 74 (4 April 2003).
[Anne Calverley, 'Judge clears use of pepper spray', ''The West Australian'', 28 March 2003, 1.]
*
Victoria
Victoria most commonly refers to:
* Victoria (Australia), a state of the Commonwealth of Australia
* Victoria, British Columbia, provincial capital of British Columbia, Canada
* Victoria (mythology), Roman goddess of Victory
* Victoria, Seychelle ...
: Schedule 3 of the ''Control of Weapons Regulations 2011'' designates "an article designed or adapted to discharge oleoresin capsicum spray" as a prohibited weapon.
*
Queensland
)
, nickname = Sunshine State
, image_map = Queensland in Australia.svg
, map_caption = Location of Queensland in Australia
, subdivision_type = Country
, subdivision_name = Australia
, established_title = Before federation
, established_ ...
: in Queensland, pepper spray is considered an offensive weapon and can not be used for self-defence.
New Zealand
* Classed as a restricted weapon.
** A permit is required to obtain or carry pepper spray.
** Front-line police officers have routinely carried pepper spray since 1997. New Zealand Prison Service made OC spray available for use in approved situations in 2013.
**
New Zealand Defence Force
The New Zealand Defence Force (NZDF; mi, Te Ope Kātua o Aotearoa, "Line of Defence of New Zealand") are the armed forces of New Zealand. The NZDF is responsible for the protection of the national security of New Zealand and her realm, prom ...
Military Police
Military police (MP) are law enforcement agencies connected with, or part of, the military of a state. In wartime operations, the military police may support the main fighting force with force protection, convoy security, screening, rear recon ...
are permitted to carry OC spray under a special agreement due to the nature of their duties.
** The
Scoville rating of these sprays are 500,000 (sabre MK9 HVS unit) and 2,000,000 (Sabre, cell buster fog delivery). This was as a result of excessive staff assaults and a two-year trial in ten prisons throughout the country.
Civilian use advocates
In June 2002, West Australian resident Rob Hall was convicted for using a canister of pepper spray to break up an altercation between two guests at his home in Midland. He was sentenced to a good behavior bond and granted a spent conviction order, which he appealed to the Supreme Court. Justice Christine Wheeler ruled in his favor, thereby legalizing pepper spray in the state on a case-by-case basis for those who are able to show a reasonable excuse.
On 14 March 2012, a person dressed entirely in black entered the public gallery of the New South Wales Legislative Council and launched a paper plane into the air in the form of a petition to Police Minister Mike Gallacher calling on the government to allow civilians to carry capsicum spray.
See also
*
Mace (spray)
Mace is the brand name of an early type of aerosol self-defense spray invented by Alan Lee Litman in the 1960s. The first commercial product of its type, Litman's design packaged phenacyl chloride (CN) tear gas dissolved in hydrocarbon solvents ...
*
Offensive weapon
An offensive weapon is a tool made, adapted or intended for the purpose of inflicting physical injury upon another person.
Legality England and Wales
Under England and Wales' Prevention of Crime Act 1953, Section 1(1) states it is an offence to ca ...
*
Defensive weapon
Self-defense (self-defence primarily in Commonwealth English) is a countermeasure that involves defending the health and well-being of oneself from harm. The use of the right of self-defense as a legal justification for the use of force in ...
Notes
References
External links
Are guns more effective than pepper spray in an Alaska bear attack?
{{DEFAULTSORT:Pepper Spray
Chemical weapons
Lachrymatory agents
Riot control agents
Self-defense