There does appear to be a number of legal defence sprays, but generally speaking mace and pepper sprays are banned. These items are classed as prohibited weapons. Unauthorised possession or use of pepper spray or mace is a serious offence. Farbgel contains a dye that will be on the attackers face and clothes for several days. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. But you'll want to keep reading before going out and buying it. Is it Legal to Carry Pepper Spray in Australia? Ms Finlay says the other problem with the law is that people don't always know in advance if they're going to need pepper spray. The only exception is in Western Australia, where pepper spray and mace are defined as controlled weapons, meaning that ownership of them is legal, but is restricted. Believe it or not, in the UK pepper spray / CS Gas is considered a firearm and carries the same legal penalties as carrying a gun does! This is the lawful excuse for having pepper spray: "If it is carried or possessed by a person for the purpose of being used in lawful defence in circumstances that the person has reasonable grounds to apprehend may arise.". Usage against humans is legal. Our products are legal to purchase in Western Australia to anyone over the age of 18. The only exception is in Western Australia, where pepper spray and mace are defined as controlled weapons, meaning that ownership of them is legal, but is restricted. With our blend of Australian sourced ingredients and accident-proof design, Guardian Defense Pepper Spray provides you with piece of mind in your home or business. The motion was defeated 46-5. Permits authorise the use of a prohibited weapon for sporting, training or instructing purposes, or for educational, historical or commemorative-type purposes. Western Australia is the only state where pepper spray is considered a controlled weapon and can be carried where there are deemed to be “reasonable grounds”. Sorry laurajay but pepper spray is illegal in Queensland. Then she revealed the secrets of her marriage, Queensland residents rush to return as new coronavirus border restrictions kick in, SA Police apologises after confusion over new NSW coronavirus travel restrictions, EU to hold special crisis meeting over virus mutation as countries ban UK flights, the comments about Greens senator Sarah Hanson-Young, with import permits only issued for police or government use, there's no self-defence exception in the legislation, making it an offence to possess or use it, This is the lawful excuse for having pepper spray, 'You should stop shagging men': Hanson-Young accuses counterpart of sexist slur, Meet the woman heading the $1 trillion investor group unseating corporate Australia's main men, Chocolate uncovered by National Library 120 years past expiry date still almost good enough to eat, Bernard Gore died in a shopping centre stairwell and was found three weeks later. But she also said that while we don't want community members carrying weapons "as a general rule", and noted the fear that pepper spray could get into the wrong hands, she said it nevertheless may be appropriate for some people to be able to carry it. That's why it's sometimes called OC spray. Lv 7. Pepper spray is legal in all 50 states, though there are some conditions in place in certain states… by M.D. While it's illegal to bring it into Australia, with import permits only issued for police or government use, the laws about carrying pepper spray for self-defence are different around the country. It's also illegal to carry everywhere except Western Australia. But there's more bad news, What Markeeta wishes she knew when her baby was diagnosed with allergies, Frontline workers and elderly should be next in line for COVID vaccine, says US CDC, Hannah Green has celebrated her 24th birthday with five birdies and a $276,000 payday, 'We're not from another planet': Odd couple of gardening bring city and desert together, Thailand sees sudden surge from 30 COVID cases to more than 500 in a single day, 'I walked away. The offence does, however, tend to be prosecuted summarily in the local court, unless the prosecutor elects otherwise. As a self-defense product, pepper spray … If you fear for your personal safety late at night, for example, carrying pepper spray is not going to be the best course of action. Adelaide Law School's Kellie Toole, an expert in laws surrounding self-defence, says pepper spray poses a similar dilemma to that of gun laws in America. Save pages and articles you’re most interested in to read later on. It does not contain any harmful chemicals and is non-toxic. Creekmore via Concealed Carry Laws. Knowing full well pepper spray is still illegal in Australia, I never intended on bringing it back from LA with me when I moved back to Sydney at the end of last year. But if you are thinking about arming yourself with pepper spray in Australia, you may want to reconsider that approach. Pepper spray is illegal in most Australian states but can be carried in WA if a person has “reasonable grounds” to believe they may need to use it in “lawful defence.” A 2002 Supreme Court decision said it could be carried for self-defence. Pepper spray is legal to own in Perth and Western Australia. Unlike other states pepper spray is considered a controlled weapon in Western Australia, this means it is legal, but is restricted in Western Australia. Carrying pepper spray is illegal in most Australian states, including NSW. The coroner wants to make sure it doesn't happen again, Australia will still be in the dog house with China next year. Late last month, Fraser Anning from Katter's Australian Party argued in the Senate that people must have the right to self-defence following a recent spate of what he called "horrific violent crimes against women". Lorraine Finlay, a lecturer at the Murdoch University School of Law in Perth, says the one place where it's legal to carry pepper spray for self-defence is Western Australia. Is Racial Profiling A Problem for NSW Police? In most states, pepper spray is legal to carry and use for the purpose of self defense. But there's varying opinions on whether pepper spray should be able to be carried for self-defence. A report by the Queensland Crime and Misconduct Commission into its use by police found pepper spray was "relatively safe", but does cause intense pain. Pepper spray is amongst the popular items to carry for self-defense. Schedule 1 of the Act lists items classed as prohibited weapons. YES! It's used to incapacitate people by causing temporary blindness, difficulty breathing and a burning sensation on the skin. This includes “any device designed or intended as a defence or anti-personnel spray and that is capable of discharging any irritant matter”. As it currently stands, pepper spray is illegal to import into Australia, unless you’re police or the government. If you walk home from your bus stop after work and the way is poorly lit, or if you live in a dodgy neighbourhood, you may feel that you face a real risk of being attacked. self-protecting offensive, noxious or irritant spray. Your device internet browser may have it disabled. I do know of know of a head shop in Kings Cross that sells it! "For example, one of the Supreme Court judgments mentioned if you were a woman walking home alone at night after work, you may well have reasonable grounds for carrying pepper spray," she said. 3 0. For example, if you are in a situation where you are carrying pepper spray, and you are attacked and use it to defend yourself, you may still be charged for possession and use of a prohibited weapon. Is pepper spray legal in Australia? 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Ugur Nedim is an Accredited Criminal Law Specialist with over 20 years of experience as a criminal defence lawyer. But there's a fact about pepper spray that may have escaped your attention. To be in possession of these items is an offence. You could have your lawyer raise the argument that you acted in self-defence, which the prosecution would have to negate by showing your actions were not a reasonable response. "If we didn't have people, men or women, going around committing assaults and committing crimes, there wouldn't be any need for anybody to carry pepper spray," Ms Finlay said. You may also possibly be charged for assault, or assault occasioning actual bodily harm. Taking matters into your own hands can have serious legal consequences. Furthermore, I sometimes carry a baseball bat in my car. level 1 It is illegal in most states of Australia including NSW. Only the Police can legally possess and use pepper spray (whilst on duty only) in all states of Australia. Or should you be fine Farb-Gel is the 100% legal alternative to pepper spray. A debate is raging in Australia as to whether women should be allowed to carry pepper spray. I'm rather certain pepper spray is still legal in WA. "It does seem to make sense to me to allow people who are vulnerable and who perhaps do need to be able to protect themselves to have that peace of mind and security of knowing that they can do that.". This site requires JavaScript. In most states and territories, including NSW, it is illegal to carry or possess pepper spray or mace. OC is not the only legal agent used. If you are in a situation where you feel that you face a real risk of being attacked by someone you know, you may want to consider applying for an apprehended violence order against that person. Illegal: pepper spray, guns, tasers, stun guns, all conventional defensive weapons. See Schedule 2 of the Summary Offences (weapons) Regulations 2012 on the South Australian Legislation website for descriptions of dangerous articles. The elderly or vulnerable people might also be in that category. Most of the subsequent attention has been on the comments about Greens senator Sarah Hanson-Young made by Senator Leyonhjelm during that debate. Pepper spray, commonly referred to by the brand name "Mace", can be used or carried by people as a potential mode of defence against potential attackers. That's because you can't know for sure if you've got "reasonable grounds" until it's been tested in court. ), so you may want to arm yourself in some way so you feel more secure about going out alone. OC is generally the main ingredient used in pepper spray. "There are times when things happen out of the blue," she said. Luckily, there are numerous self-protection items you can choose as alternatives to pepper spray ( check the most popular on Amazon ). Using them is also an offence, and can give rise not only to breaching the Act, but also to being charged with additional criminal offences. The maximum penalty if this offence is prosecuted in the local court is two years’ imprisonment. But in Australia the 'COVID war' is far from over, Sally was called a murderer for killing her husband. Ms Toole also questioned the motive behind the push for the legalisation of pepper spray. It is worth noting that police officers are permitted to carry pepper spray and mace. There is NOTHING a woman can do to defend/protect herself in this country. This article will outline the legality of carrying these items, and the possible legal consequences of possessing or using them. That puts it alongside things like crossbows, spear guns or swords which can also be used in the state if you've got a "lawful excuse" — for instance, if it's used in martial arts. However, in some states, the use of pepper spray is regulated: Massachusetts: A firearm identification card is required to lawfully purchase, possess, and use pepper spray meant for humans. That still means not everyone can just start carrying pepper spray for self-defence. "And if it's not going to be allowed, then again those rules need to be clear so that people don't unintentionally find themselves on the wrong side of the law," she said. Pepper spray, also known as oleoresin capsicum spray or OC spray or 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, crowd control, and self-defense, including defense against dogs and bears. Women are not allowed to defend themselves in a way that would actually be of any help …AT ALL. That means pepper spray is … Sydney Offices and Home of Criminal Lawyer Raided by Police, Police DNA Bungle Clears Alleged Child Abusing Priest, The Fallacy of ‘You Have Nothing to Fear if You Have Nothing to Hide’. He is the Principal of Sydney Criminal Lawyers®. It is classified as a prohibited weapon and the consequences for owning or found in possession of pepper spray are severe (large fine or gaol). If you are caught with pepper spray or import it, you will face arrest and a subsequent criminal record. No, it is illegal. If you are charged on indictment, then the maximum penalty is up to 14 years in prison. OC / pepper spray To clarify, this is the same substance used by police, sometimes called OC because it is made "oleoresin capsicum", which comes from chilli peppers. "It's actually quite unclear — firstly because you don't know if the defence will hold up in court, and obviously different judges can have different views. Included in that list is mace and any device designed or intended as a defence or anti-personnel spray that is capable of discharging by any means any irritant matter comprising or containing in liquid, powder, gas or chemical form oleoresin capsicum, known as OC. Apparently are allowed to have pepper spray in WA, everywhere else it's prohibited as far as I know. In Western Australia, it's legal for a woman to carry pepper spray for self-defence. We have competitive Fixed Fees for a range of Criminal and Driving cases so you will know exactly how much your case will cost. Not Guilty of Affray and Assault Occasioning Actual Bodily Harm in Company, Not Guilty of All 26 Sexual Offences, Including Multiple Counts of Aggravated Sexual Assault, The Right Lawyer Makes All the Difference: Our Client Receives Intensive Correction Order While His Co-Accused Is Sentenced to Full Time Imprisonment, Client Not Guilty of Sexual Touching and Police Ordered to Pay Costs, Sexual Assault and Detain for Advantage Charges Dropped, No Criminal Record for Mid Range Drink Driving, Not Guilty of High Range Drink Driving and Police Ordered to Pay Costs, No Criminal Record Despite Pleading Guilty to Skye’s Law, Not Guilty of Negligent Driving Occasioning Death, No Conviction for Drive Whilst Disqualified and State False Name. In NSW, Section 7 of the Weapons Prohibition Act 1998 states that it is an offence to possess or use a prohibited weapon unless authorised with a permit. A bottle of Self Defence Pepper spray holds 30 Ml Of Capsicum Spray which gives it a two year life span, we recommend replacing a bottle immediately after first use. Sydney aged care facilities are being asked not to have any visitors until Wednesday, A report into Victoria's botched hotel quarantine program has been unable to determine who commissioned the use of private security, NSW has recorded 15 new coronavirus cases, NSW Premier Gladys Berejiklian gives a coronavirus update, Follow our live coverage for the latest news on the coronavirus pandemic. Penny. 10 0. Its inflammatory effects cause the eyes to close, … Serbia: Pepper spray is legal under the new law as of 2016 and can be carried by anyone over the age of 16. As it currently stands, pepper spray is illegal to import into Australia, unless you're police or the government. Protecting yourself with pepper spray is legal in all 50 states, but there are restrictions on how you can use it. The penalties for using pepper spray against someone can be severe. But it’s not legal for some stupid reason. CS, CR, PAM (МПК), and (rarely) CN are also legal and highly popular. Is it legal to carry or use pepper spray in Australia? But there are situations where you don’t want or not allowed to use it. She noted the concern was that "if you open the door to one type of force being able to be used, then you gradually open the door to other forms of force". "But, for example, a regular person in broad daylight who's never had any history of an assault or that type of thing happening to them would have no reason to need to carry pepper spray," Ms Finlay said. Pepper Spray Perth Australia, for self defence, personal safety and peace of mind If you truly are concerned for your safety weapons alone are not going to help you, especially if you don't know how to use them properly. And it’s legal to own in Perth and Western Australia. This article will outline the legality of carrying these items, and the possible legal consequences of possessing or using them. His motion failed 46-5, with only David Leyonhjelm (Liberal Democrats), Cory Bernardi (Australian Conservatives), Peter Georgiou (One Nation) and Brian Burston (United Australia Party) adding their support. We guarantee you will be represented in court by a lawyer with years of criminal defence experience ensuring you receive the highest quality legal representation. But in NSW, it falls under the same category of offence as carrying nunchucks, bombs, swords and cross-bows. According to pepper spray manufacturers, pepper spray as a personal defense weapon is considered legal in all 50 states, although various state restrictions may prevent shipping to several states. So we’ll just have to get slightly unconventional. 1 decade ago. No. Guardian Defense Pepper Spray is a safe solution that you, your family or business needs. Ms Finlay says nobody really knows where they stand. Ms Finlay says we do have a sense of what the law means. Pepper spray is a non-lethal chemical compound that works by causing temporary blindness and is primarily used in self-defense (including animals) and for crowd or riot control. Pepper spray and mace are classified as prohibited weapons by Australian laws. But even if you are successful in this defence, you are being put through quite an ordeal with being charged by police and facing the stress, time and expense of a court process. The items are classed as a Controlled Weapon under the Western Australian 'Weapons Regulations 1999' & … Well crap. AEST = Australian Eastern Standard Time which is 10 hours ahead of GMT (Greenwich Mean Time), Live: Record 38,000 people tested for COVID-19 in NSW in past day, Sydney coronavirus cluster grows, 15 new infections recorded, Victorian hotel quarantine inquiry report fails to determine who decided to use private security, Gyms, bars and cafes across Sydney visited by COVID-19 cases, including Paddington, Neutral Bay, These experts say 'science was silenced' in the US and Europe. Use against humans in self-defence is legal. "While I am very sympathetic to the right of women to feel safe, I agree that it should be prohibited for reasons of public safety.". You'll have to use improvised weapons. Instead coloured sprays are advised to … Pepper spray is illegal for civilians in every state and territory, except for in Western Australia. Serious offence about arming yourself with pepper spray or mace to protect yourself in NSW it. 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