Europe
In Belgium it is classified as a prohibited weapon, and it is illegal for anyone other than police officers and police agents (assistant police officers) to carry a capsicum spray. The use by the security services of public transport companies is also authorised after obtaining permission from the minister of internal affairs.
In the Czech Republic, pepper spray is not classified as weapon and its possession is legal. Police also encourage vulnerable groups like pensioners and women to carry pepper spray.
In Denmark, possession of pepper spray is illegal for private citizens. As of 2008, police officers carry pepper spray as part of their standard equipment. This was introduced following the shooting of a number of mentally ill citizens in 2006, where 4 people were killed. However, the police continues using guns as frequently as before, causing the Danish civil liberties organization KRIM to conclude that pepper spray has not displaced the use of guns but merely added to the arsenal of weapons of the police force.
In Finland, it is classified as a device governed by the firearm act, and possession of pepper spray requires a licence. Licences are issued for defensive purposes and to individuals working jobs where such a device is needed such as the private security sector. However, the Finnish Supreme Court has recently ruled in KKO:2010:7 that owning a pepper spray in itself is not a punishable act; but, on the other hand, carrying one can be punished as a device capable of harming other people.
In Germany, pepper sprays labelled for the purpose of defense against animals may be owned and carried by anyone (even minors). Such sprays are not legally considered as weapons §1. Carrying it at (or on the way to and from) demonstrations may still be punished Sprays that are not labelled "animal-defence spray" or do not bear the test mark of the Materialprüfungsanstalt (MPA, material testing institute) are classified as prohibited weapons. Justified use against humans as self-defence is allowed. CS sprays bearing a test mark of the MPA may be owned and carried by anyone over the age of 14.
In Hungary, pepper spray is reserved for law enforcement (including civilian members of the auxiliary police); civilians may carry canisters filled with maximum 20 grams of any other lachrymatory agent. However, there is no restriction for pepper gas pistol cartridges.
In Ireland, an Garda Síochána have recently been given pepper spray in an attempt to reduce attacks on its officers, however they remain an unarmed force. Possession of this spray by persons other than Gardaí is an offence under the Firearms and Offensive Weapons Act, as the spray is legally classed as a firearm.
In Italy, the Decree of the Ministry of Interior n°103 dated May 12, 2011 removed all restrictions over private purchase, ownership and everyday carry by any citizen over 16 years of age without a criminal record of all and any OC-based compounds and personal defence devices that respond to the following criteria:
- Containing a payload not exceeding 20 ml., with a percentage of Oleoresin Capsicum not exceeding 10% and a maximum concentration of capsaicin 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 3 metres.
In Iceland, possession of pepper spray is illegal for private citizens. Police officers carry pepper spray as part of their standard equipment.
In Latvia, pepper spray in canisters is classified as a self-defence device and can be bought and carried by anyone over 16 years of age. Pepper spray handguns can be bought and carried without any licence by anyone over 18.
In the Netherlands pepper spray is illegal for civilians to own and carry. Only police officers trained in the specific use of pepper spray are allowed to carry and use it against civilians and animals.
In Norway, pepper spray is illegal for civilians. Police officers are allowed to carry pepper spray as part of their standard equipment.
In Poland, hand-held pepper spray (called precisely in Polish Penal Code "a hand-held disabling gas thrower") is considered a weapon, but can be carried by anyone over 18 without further registration or permission.
In Portugal, it is possible for civilians who do not have criminal records to get police permits to purchase from gun shops, carry, and use OC sprays with a maximum concentration of 5%. CS is considered a weapon and is not permitted. Police carry OC sprays of higher concentration.
In Romania, pepper spray is banned on sportive and cultural events, public transportation and entertainment locations (according to Penal Code 2012, art 372, (1), c).
In Russia, pepper sprays are classified as a self-defence device (not a weapon) and can be carried by anyone over 18. Usage against humans is legal. OC is not the only agent used. CS, CR, PAM (МПК), and (rarely) CN are also legal and highly popular.
In Slovakia, pepper spray is classified as a self-defence weapon, and it is available to anyone over 18. Use against humans is officially prohibited.
In Switzerland, pepper sprays are classified as a self-defence device (not a weapon) and can be carried by anyone. Use against humans is legal.
In Spain, approved pepper spray made with 5% CS is available to anyone older than 18 years.OC pepper spray was recently adopted for some civilian use (e.g., one of 22 grams, with no registration DGSP-07-22-SDP, is approved by the Ministry of Health and Consumption).
In Sweden, possession of pepper spray is legal with a weapons possession licence. Police officers, prison officers, and military have pepper spray possession licences.
In the United Kingdom, "Any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing" is a Prohibited Weapon, under S.5 of The Firearms Act 1968. The same act covers other prohibited weapons such as automatic firearms and rocket launchers, all of which can be possessed only by permission of the Home Secretary.
Read more about this topic: Pepper Spray, Legality
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