View Full Version : Is possession of pepper spray illegal?


martin1print
05-01-2007, 19:43
Pepper spray is easily available on Ebay and I thought to buy some for my 18 yr old daughter to carry in her handbag for protection against attack. She works late in the town centre and we worry about her safety after work. I realise it may be an offence to be in possession of pepper spray, but I wouldn't mind paying her fine if she ever had to use it in self defence. Does anybody know what line the authorities take on this issue?

donuticus
05-01-2007, 19:50
It is illegal. I think you get more than a fine as its classed as an offensive weapon.

evildrneil
05-01-2007, 19:51
Yes it is illegal - pepper spray and the like is banned under the firearms act:

Section 5(1) (b) of the firearms act 1968 prohibits any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing.

wizzardofODD
05-01-2007, 20:01
i beg to differ , i have had some (it may not be pepper but its very very similar) issued to me by my employer to safeguard against dog attacks , i guess "legality" of such things can be a very grey area , depends i suppose on exactly what it is for & if it needs to be known that it is in your possession ie:- registered (i had to fill out & sign a form) as to the understanding of its use

cgksheff
05-01-2007, 20:08
i beg to differ , i have had some (it may not be pepper but its very very similar) issued to me by my employer to safeguard against dog attacks , i guess "legality" of such things can be a very grey area , depends i suppose on exactly what it is for & if it needs to be known that it is in your possession ie:- registered (i had to fill out & sign a form) as to the understanding of its use


Something like "Bouncer Spray" (http://www.vestguard.co.uk/)?

wizzardofODD
05-01-2007, 20:16
its actually called "BITE BACK" it is pepper based im led to believe & it is legal for me to carry with me & to use for the purpose stated & signed for & it is non toxic to humans & animals

evildrneil
05-01-2007, 20:20
BITE BACK is pepperMINT based not pepper based!!!

cgksheff
05-01-2007, 20:25
its actually called "BITE BACK" it is pepper based im led to believe & it is legal for me to carry with me & to use for the purpose stated & signed for & it is non toxic to humans & animals

If I remember correctly, this is the one issued to posties?

Peppermint and a dye?

wizzardofODD
05-01-2007, 20:28
dunno , cant read the "active ingredient" bit on the label as its half worn away but thankfully ive had the spray approx 18 mths & never needed to use it ,but to get back to the question in OP are such non toxic similar sprays allowed to be carried for self defence purposes , would be interesting to know ... i have never carried the spray other than whilst on duty but it would easily slip into a persons pocket or handbag un noticed

wizzardofODD
05-01-2007, 20:29
If I remember correctly, this is the one issued to posties?

Peppermint and a dye?
dunno about the "dye" bit but otherwise ... YES

Rooty
05-01-2007, 20:32
Could you not give her a small bodyspray to put in her handbag instead then, could be used the same way...

Twiglet
05-01-2007, 20:41
Pepper spray is easily available on Ebay and I thought to buy some for my 18 yr old daughter to carry in her handbag for protection against attack. She works late in the town centre and we worry about her safety after work. I realise it may be an offence to be in possession of pepper spray, but I wouldn't mind paying her fine if she ever had to use it in self defence. Does anybody know what line the authorities take on this issue?

Never mind paying her fine she'd get a criminal record and conviction for possession of an offensive weapon. I'd find a legal alternative quick!

wizzardofODD
05-01-2007, 20:49
well .... would imagine that some one must know if there are legal self defence sprays available , whether it would need to be reg'd with authorities that she has it or not i dont know , perhaps a fone call to ur local crime prevention officer would be a good place to start as i can imagine it can be very worrying .... a young lady travelling thro town alone late at night

advise ur daughter to carry 1 of them loud personal alarms to start with i have seen them in poundlad in meadowhall

dan_999uk
05-01-2007, 21:22
Incapacitant and irritant sprays are prohibited under the Firearms Act as mentioned above. In addition, items constructed, adapted or intended for use as weapons opens a liability to a prosecution for possesion of an offensive weapon.

Note that the mere possesion of these items in a public place is an offense - they don't even have to be used.

What's to stop the assailant taking the spray from your daughter and using it to incapacitate her?

I'd steer well clear.

wizzardofODD
05-01-2007, 21:33
well i would like again to emphasise the point that i have such a spray LEGALLY as stated above .... for use as a dog attack repellant , so in that case i could ge assaulted & it taken off me & used in such a manner as dan_999 suggests where do u draw the line , .... i can carry the spray fully legal for the purpose stated in the forms filled in with my employer & i could not be arrested nor charged with any offence for carrying it in accordance with the rules/regs or using it for said purpose

dan_999uk
05-01-2007, 21:39
Have you checked that with the police? Just because your employer says something is legal doesn't make it so...

Twiglet
05-01-2007, 21:45
well i would like again to emphasise the point that i have such a spray LEGALLY as stated above .... for use as a dog attack repellant , so in that case i could ge assaulted & it taken off me & used in such a manner as dan_999 suggests where do u draw the line , .... i can carry the spray fully legal for the purpose stated in the forms filled in with my employer & i could not be arrested nor charged with any offence for carrying it in accordance with the rules/regs or using it for said purpose

Bite back spray is made of peppermint which is non offensive and non harmful to humans therefore there's no reason for it to be prohibited and probably wouldn't be much use if you were attacked by a person.

Yellowrose
05-01-2007, 21:50
Could you not give her a small bodyspray to put in her handbag instead then, could be used the same way...

I thought about a small hairspray, amounts to the same thing. I understand that if you use something that you would normally carry in your handbag as a weopon, then thats not agains the law. When I was a young girl those stainless steel tail combs became popular for this reason. I had one, but just used it for setting my hair!!!

Can you still buy mace? Im not advocating it: just curious.

dan_999uk
05-01-2007, 22:02
No - you can't legally buy any irritant or incapacitant spray.

I'm told a bunch of keys makes a useful weapon when they are splayed between the fingers and raked down the face of an assailant.

Not that I could advocate that obviously.

GabbleRatcht
05-01-2007, 22:13
I would point you to this thread (http://www.sheffieldforum.co.uk/showthread.php?t=172611)

JoeP
05-01-2007, 22:45
Whether people believe it or not, or choose to go with the law on the issue or not, as Evildrneil says, pepper sprays, CS Gas sprays, Mace Sprays are all illegal in the UK. Also applies, unsurprisingly, to Tasers, 'Stun guns', etc.

There are 'defence' sprays on sale in the UK that are not based on pepper but that spray 'goo' and a dye - the idea is to confuse, disorient and mark the attacker and give you time to do a runner. The dye also is supposed to make it easier to ID the attacker later. Dog repellant sprays would fall in to this category but would not be that effective against attackers.

Hairspray, perfume, keys, combs, pens, etc. are not defined as offensive weapons in any way and so if you defended yourself with any of these - PROVIDED THAT they hadn't been modified in any way to make them more dangerous - so, no sharpening the comb teeth!!

You might not just end up with a fine for use of such a spray; you could end up in jail - if she was found carrying it it's still possession of an offensive weapon and again might result in a custodial sentence.

artisan
05-01-2007, 23:10
No weapon is effective unless you are prepared to use it. If you are not, it is better not to carry it at all, as it will only be turned against you.
The best defence is not to get into the situation at all.
If you see confrontation developing, go elsewhere.
Only a fool wants to fight on a night out, if you frequent the places where weapons are needed, then you only have your self to blame really.

Don_Kiddick
06-01-2007, 08:27
Mr Muscle oven spray is quite effective ;)

craigmason
06-01-2007, 08:44
you dont want pepper spray you want a tazer stun gun they are more effective aganist anybody who attacks you
you can get them here
http://www.ninjacops.com/stmapr.html?gclid=CJOLt_y-y4kCFQipEAod8SehMg
the police use them so they must be legal

Harry O
06-01-2007, 10:31
you dont want pepper spray you want a tazer stun gun they are more effective aganist anybody who attacks you
you can get them here
http://www.ninjacops.com/stmapr.html?gclid=CJOLt_y-y4kCFQipEAod8SehMg
the police use them so they must be legal

The police also use batons, but just try carrying one around with you and you'll soon find out what is legal and what isn't.

craigmason
06-01-2007, 10:42
The police also use batons, but just try carrying one around with you and you'll soon find out what is legal and what isn't.

howie they are freely available on the internet so its not against the law to carry these items or the would not be allowed to sell them

dan_999uk
06-01-2007, 10:46
Craigmason - don't be a fool.

Tasers are illegal - they fall slap bang into the definition of an offensive weapons. They cannot be legally bought or sold in the UK. Importing them is also an offence.

Police have lawful authority to carry Tasers, just as they have authority for batons and CS spray.

If you don't believe me you could always phone your local police station.

Edit:
BBC News Article (http://news.bbc.co.uk/1/hi/england/lancashire/5176160.stm)

Don_Kiddick
06-01-2007, 10:46
Yes it is illegal - pepper spray and the like is banned under the firearms act:
Section 5(1) (b) of the firearms act 1968 prohibits any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing.

That should include cigarettes then :thumbsup: :thumbsup: :thumbsup:

medusa
06-01-2007, 11:21
Mr Muscle oven spray is quite effective ;)

Oven cleaner could do immediate and lasting harm to whoever you used it on, and I'm sure would leave you open to a charge of ABH or GBH, in exactly the same way as if you had thrown acid or bleach in someone's face.

medusa
06-01-2007, 11:25
howie they are freely available on the internet so its not against the law to carry these items or the would not be allowed to sell them

Just because something is available on the internet does not mean that it's legal- this applies to tasers, batons, pepper spray and a multitude of other things.

The people who sell these items on the internet do so only as long as the police haven't either noticed or caught up with them.

I'd suggest reading up on the law before you make yourself look ignorant, and potentially also leave yourself open to charges as a result of being found in possession of illegal offensive weapons.

Don_Kiddick
06-01-2007, 11:27
Oven cleaner could do immediate and lasting harm to whoever you used it on, and I'm sure would leave you open to a charge of ABH or GBH, in exactly the same way as if you had thrown acid or bleach in someone's face.
And this is worse than being raped?

BoroughGal
06-01-2007, 11:33
I think she was stating the facts about the law rather than passing judgment on what's better or worse.

Don_Kiddick
06-01-2007, 12:00
I think she was stating the facts about the law rather than passing judgment on what's better or worse.
I wasn't interpreting the post to assume judgement but I was merely answering the OP's question Pepper spray is easily available on Ebay and I thought to buy some for my 18 yr old daughter to carry in her handbag for protection against attack. She works late in the town centre and we worry about her safety after work. I realise it may be an offence to be in possession of pepper spray,?
Worried about the offence of carrying pepper spray, I suggested Mr Muscle.

Mr Muscle is sold OTC & can therefore be carried legitamately without fear of prosecution.

Use of it in self defence to breakaway from a bigger agrressive assailant therefore cannot be deemed as GBH. :)

pk014b7161
06-01-2007, 12:04
why not carry pepper spray if it can help her escape an attacker. you can argue from a witness box ,you cant argue from a pine box.

BoroughGal
06-01-2007, 12:06
I wasn't interpreting the post to assume judgement but I was merely answering the OP's question.

You were, you fibber.:P

Use of it in self defence to breakaway from a bigger agrressive assailant therefore cannot be deemed as GBH. :)

I'm not sure that'd stand up in court though. Don't mix up your morals and the law. Not saying your morals aren't coming from the right place, but it doesn't mean that you wouldn't get into bother. :)

Twiglet
06-01-2007, 12:18
you dont want pepper spray you want a tazer stun gun they are more effective aganist anybody who attacks you
you can get them here
http://www.ninjacops.com/stmapr.html?gclid=CJOLt_y-y4kCFQipEAod8SehMg
the police use them so they must be legal
As everyone else has stated they are absolutely illegal. Police do NOT routinely use them, only qualified firearms officers can carry one. Would that indicate that guns must also be legal because the police use them?. I think not.

pk014b7161
06-01-2007, 12:32
crims arn,t bothered if they kill or maim you treat them the same ,carry whatever you feel you can use to defend yourself to the maximum.worry about the police after

evildrneil
06-01-2007, 12:32
Mr Muscle is sold OTC & can therefore be carried legitamately without fear of prosecution.

Use of it in self defence to breakaway from a bigger agrressive assailant therefore cannot be deemed as GBH. :)

If you are carrying Mr Muscle around with you with no real reason ("I always carry it officer - you never know when your gonna find a grimy oven" - hmm maybe not) then it will likely be classed as a weapon if you whip it out of your bag and use it on an assailant. This is pretty much the same as if you carry say a kitchen knife with you - legitimate and fine in the kitchen a weapon if you carry it with that intention. And use of it to break away from a bigger aggressive assailant can still be deemed GBH if it is deemed you used excessive force - e.g. you are armed and he/she isn't.

Don_Kiddick
06-01-2007, 12:40
Then carry it along with the carrier bag it was bought in "Oh I only bought it today officer.... Receipt? Din't get one" ;)

I still think PK eloquently put it withif it can help her escape an attacker. you can argue from a witness box ,you cant argue from a pine box. :thumbsup:

Don_Kiddick
06-01-2007, 12:44
And use of it to break away from a bigger aggressive assailant can still be deemed GBH if it is deemed you used excessive force - e.g. you are armed and he/she isn't.
Yes if you empty the whole can up their left nostril while dancing on their chest singing Avé Maria :roll:

Minimum reasonable force covers a massive area. :nod:

Heyesey
06-01-2007, 12:47
Mr Muscle is sold OTC & can therefore be carried legitamately without fear of prosecution.


Sorry, but not true. If you carry a can of oven cleaner around in your handbag and you are not a professional cleaner on your way to clean an oven, you can, and will, be charged with carrying a concealed weapon, and since oven cleaner is a damn sight more dangerous than pepper spray, it's long odds on that you'll go to jail.

pk014b7161
06-01-2007, 12:49
if a police officer was walking down the road & a gang of youths /men shouted kill the b****** & ran towards him brandishing weapons knives baseball bats etc & he pulled a weapon to defend himself baton/pepper cs gas/gun,would he be charged for defending himself ,no so why should joe public your life & my life is just has precious as his.

Heyesey
06-01-2007, 12:54
if a police officer was walking down the road & a gang of youths /men shouted kill the b****** & ran towards him brandishing weapons knives baseball bats etc & he pulled a weapon to defend himself baton/pepper cs gas/gun,would he be charged for defending himself ,no so why should joe public your life & my life is just has precious as his.


Baton no; pepper cs gas or a gun, yes, because no police officer is allowed to walk down the road carrying them.

If you use a walking stick, fine, beat your assailant over the head with it. Anything - repeat, ANYTHING - that you carry for the sole purpose of hitting someone, you're going to be the culprit, not the victim, and you will lose any sympathy anyone had as well as going inside.

onewheeldave
06-01-2007, 13:57
howie they are freely available on the internet so its not against the law to carry these items or the would not be allowed to sell them

Some items are legal to sell and legal to own, but illegal to carry.

For example, 'kubotan' keyrings- a metal spike designed originally to pass as a key holder that could also be used in self-defence: these are now illegal to carry and, if in possession on the street, would lead to charges.

I believe that, despite this, it is still legal to sell them (but i may be wrong).

Nunchucks are legal to buy (for use in martial arts practice) but it is illegal to carry them in any way that is practical for self-defence use (general advice for transporting them is to wrap them in such a way that they cannot be quickly removed from the packaging).

Walking sticks however, are obviously legal to carry and, if the threat is sufficient, OK to use in self-defense- bear in mind however, that, if used inneffectively, they can be taken from you by the attacker and used on you- this goes for any weapon, legal or otherwise.

In a mugging, it can be a good idea to carry a spare wallet, containing only moderate amounts of cash and out-of-date cards, so you can hand that over and hopefully walk away.

Street violence is frequently horiffic- nothing like most peoples expectations: if it's possible to avoid it, or walk away from it, it's always best to do so.

dan_999uk
06-01-2007, 15:16
if a police officer was walking down the road & a gang of youths /men shouted kill the b****** & ran towards him brandishing weapons knives baseball bats etc & he pulled a weapon to defend himself baton/pepper cs gas/gun,would he be charged for defending himself ,no so why should joe public your life & my life is just has precious as his.

The police officer has the same rights and responsibilities as any member of the public when defending himself - the use of force must be justified and proportional to the threat.

Because of the dangerous and sometimes confrontational nature of their work, police officers have legal authority to carry certain weapons. This legal authority does not extend to members of the public as they are not carrying out police work.

If a police officer uses his protective equipment, he will have to justify it in full. If the force was unjustified or disproportional then the officer would be prosecuted, just like any member of the public.

martin1print
06-01-2007, 15:41
Thanks very much for all the helpful advice. My daughter works at a late night restaurant. Whichever way she comes home is risky and we were worried about her safety after 11.00 pm at night. Obviously, we want to stay on the right side of the law. Reading all the threads it confirms that the offender has more rights than the victim. Maybe the sonic alarm is a good idea. The comment made about it being easier to argue from a witness box than a pine box was a great one.

dan_999uk
06-01-2007, 15:49
Does the restaraunt not pay for a taxi home?

I wouldn't say the offender has more rights - no-one has the right to carry offensive weapons without lawful authority.

martin1print
06-01-2007, 15:55
The restaurant pays for her taxi home if she finishes work after 11.30pm. However, she always seems to finish around 11.00 to 11.25 - just when the drunks are turning out of the pubs!

pk014b7161
06-01-2007, 16:26
well havent we come to something ,more n more people worried about loved ones safety as well as their own ,i really do think this country is becoming a crime ridden place more no go areas after certain times more no go areas at any time.and its going to get worse. oh,& we are about to import some more crimenals from romania aint life grand. so martin 1 print dont worry about pepper spray we,ll be needing m16s the way this country is going

evildrneil
06-01-2007, 17:57
For all the anxiety over crime in 36 years of living here and planty of wondering about town on my own in the late evening -> wee small hours I've never been assulted, mugged or anything similar. As anyone who has met me will assure you I'm not likely to intimidate anyone! Basically the fear of crime and assault is WAYYYYYYYYYYYYY out of proportion to the likelihood. Be carefull yes but going out tooled up or expecting to be attacked is disproportionate in the extreme!

Heyesey
06-01-2007, 18:05
Reading all the threads it confirms that the offender has more rights than the victim.

Except that they don't, so you're talking utter rubbish. :rolleyes:

Don_Kiddick
06-01-2007, 20:47
Sorry, but not true. If you carry a can of oven cleaner around in your handbag and you are not a professional cleaner on your way to clean an oven, you can, and will, be charged with carrying a concealed weapon, and since oven cleaner is a damn sight more dangerous than pepper spray, it's long odds on that you'll go to jail.
Prove it!
Put one in YOUR handbag & fight the law!

dinger
06-01-2007, 20:53
pepper spray is usless unless you know how it works if you just go sprayin it around then you will cop lung or eye full of it you self and its not nice stuff just better to carry a rape alarm or a small can of hair spray

summerboy
04-06-2008, 09:06
This may be a bit late to reply, but my suggestion to get rid of the can of pepper spray is to go to an empty space (eg a big field), close your eyes tightly, discharge the whole can DOWNWIND and then crush the can and put in the rubbish. That way, there's no chance of anyone using it, nor the police possibly giving you grief over handing it in...

Rotherhamer
04-06-2008, 15:43
If the same product is being sold on Ebay ,trust me it will be 100% legal to purchase it and carry it...Now using it that may be a different kettle of fish entirely,the way the laws are the recipitant of the spray,innocent or guilty ,will probably have legal means of obtaining an assault charge,the "use of reasonable force" laws are very complicated

satman2222
04-06-2008, 16:22
A Jif Lemon is more compact. ;)

cressida
04-06-2008, 16:39
or just carry a couple of onions and rub them in his eyes

perplexed
04-06-2008, 16:42
Pepper spray is easily available on Ebay and I thought to buy some for my 18 yr old daughter to carry in her handbag for protection against attack. She works late in the town centre and we worry about her safety after work. I realise it may be an offence to be in possession of pepper spray, but I wouldn't mind paying her fine if she ever had to use it in self defence. Does anybody know what line the authorities take on this issue?

I'm not 100% sure, but I think you'd be on dodgy ground legally. As others have said, if it is illegal, I think there would be a bit more than a fine to contend with if your daughter was caught and convicted. The police may well take the same view of it as an offensive weapon, and would probably be entitled to act exactly the same as if they find a youth, or anyone else for that matter carrying a knife. May she always come home safe by the way.

dan_999uk
04-06-2008, 21:55
If the same product is being sold on Ebay ,trust me it will be 100% legal to purchase it and carry it...Now using it that may be a different kettle of fish entirely,the way the laws are the recipitant of the spray,innocent or guilty ,will probably have legal means of obtaining an assault charge,the "use of reasonable force" laws are very complicated

Perhaps you should refer to the numerous posts where the exact legal status of CS spray is given, but I will repeat it for your convenience - CS gas is prohibited under the Firearms Act. You may not purchase it, possess it or carry it without legal authority. If you have legal authority you will know it (armed forces, police officers). The same is true for pepper spray.