🌶️ May I own and use pepper spray for self-defence?

With conditions

Quick answer

As an adult you may own and carry pepper spray (a tear-gas dispenser) without a special permit, but you may use it only in self-defence. Under the Weapons Act (ZOro-1), a dispenser that uses compressed gas to spray an irritant based on pepper, capsicum or CN or CS gas is classified as a category D weapon. This means an adult (18) may acquire and possess it without a weapons document, but it may not be sold or handed to a minor. The myth that pepper spray is 'unregulated' or that it is 'banned' does not hold – it is a weapon you may own, but only under conditions. Use is permissible solely in self-defence under Article 22 of the Criminal Code (KZ-1), that is as a necessary and proportionate defence against a simultaneous unlawful attack. Anyone who uses pepper spray outside self-defence – in an argument, out of revenge, or against someone who is not attacking – is liable for an offence or even a criminal act (bodily harm, violence).

📋 The rules

Pepper spray (a gas dispenser) is a category D weapon under ZOro-1; the device uses compressed gas to spray an irritant based on pepper, capsicum, CN or CS.
An adult may acquire and possess it without a weapons document; selling or handing it to a minor is not allowed.
Use is permissible only in self-defence – as a necessary and proportionate defence against a simultaneous unlawful attack on yourself or another.
Use outside self-defence (an argument, revenge, an attack on a non-aggressive person) is an offence or a criminal act, as it is the unlawful use of a weapon against a person.
Pepper spray may not be carried in a way that alarms people, or in places where carrying weapons is expressly prohibited (e.g. public gatherings and events).

🔓 Exceptions

Bear-defence sprays and similar products are meant for defence against animals; using them against a person outside self-defence is not allowed and is punishable.
If someone actually and simultaneously attacks you, using pepper spray to repel the attack is part of self-defence and is not unlawful, as long as it is proportionate.
Exceeding the limits of self-defence (e.g. spraying an attacker who is already incapacitated or fleeing) can be punished more leniently, and with strong agitation or fear the court may remit the penalty.

⚠️ Penalties & fines

Merely owning pepper spray is not an offence for an adult, as it is a category D weapon you may hold without a permit. Liability arises from wrong use: anyone who uses pepper spray outside self-defence – against a person who is not attacking, out of anger or revenge – unlawfully uses a weapon against a person and can be liable for an offence against public order or a criminal offence of bodily harm or violence. Pepper spray causes burning, tearing and temporary blinding, so the consequences are not harmless. Selling or handing it to a minor breaches the Weapons Act and is punishable as an offence. If you use pepper spray in self-defence but exceed the limits of necessary defence, criminal liability is not excluded, though the penalty may be lighter or remitted. Beyond the penalty you risk a damages claim from the injured party and seizure of the spray, and wrong use can also undermine your own credibility if you later claim self-defence.

📎 Official sources

Last verified: 2026-07-12

❓ Frequently asked

Do I need a permit for pepper spray?

No, pepper spray is a category D weapon that an adult may acquire and possess without a weapons document. Even so, it may not be sold or handed to a minor, and you may use it only within self-defence against a simultaneous attack.

How old must I be to buy pepper spray?

Only an adult, that is someone who has turned 18, may buy and possess pepper spray, as it is a category D weapon. Selling or handing it to a minor breaches the Weapons Act and is treated as an offence, and the parents may also be liable for any damage.

May I use pepper spray if I feel threatened?

Use is permissible only in self-defence, that is as a necessary and proportionate defence against a simultaneous unlawful attack on yourself or another. A mere sense of unease or a past threat without an attack does not justify use, and excessive use is punishable.

What do I risk if I use pepper spray in an argument?

Using pepper spray outside self-defence is the unlawful use of a weapon against a person and can be an offence or a criminal act of bodily harm or violence. Besides criminal liability, you risk a damages claim from the injured party and seizure of the spray.

May I carry pepper spray with me every day?

Carrying pepper spray is not prohibited for an adult, but you may not carry it in a way that alarms people, nor in places where carrying weapons is expressly prohibited. At public gatherings and events, carrying weapons and dangerous objects is not allowed.

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