So my friend had police come to her home for a friend of her brother's, they saw a small bowl of weed and then came inside and took the guy away but it's her home (she doesn't deal or anything like that just a casual weed smoker) and she had just been given pepper spray because of her crazy ex partner, the cops found it and she's been charged with a concealed weapon? She wasn't in public with it not was actively trying to hide it what is the legal status surrounding this if anyone would be so kind to give details?
WA Legality of Pepper spray found inside home?
- Thread starter chichi11
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Perhaps the charge was actually "Possess Controlled Weapon" ?
(that is "controlled" rather than "concealed").
The Weapons Regulations 1999 (WA) basically prohibits cap spray.
Self defence is expressly excluded as a reason to possess it.
She needs formal legal advice.
(that is "controlled" rather than "concealed").
The Weapons Regulations 1999 (WA) basically prohibits cap spray.
Self defence is expressly excluded as a reason to possess it.
She needs formal legal advice.
You're right - it's confusing.
The cops will tell you that it's controlled, which in cop-think means "prohibited".
And really, they're pretty much right.
Buuuut if you read the Act and the Reg, then they do seem to conflict with each other.
The one thing you can be pretty confident of is
that in a place where there are other offences already happening
(like, say, possessing marijuana),
then possession of a controlled item
for the purpose one crook protecting themselves against another crook
is very unlikely to be much of a defence.
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