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QLD Is Pepper Spray or Mace Spray Legal in Australia?

Discussion in 'Criminal Law Forum' started by ikaros, 1 September 2014.

  1. ikaros

    ikaros Member

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    I really wish to know as I am an 18 year old girl who has to walk fairly large distances to and from my bus stop to get to my University for a full-time study, and often there is fights near me, or people yelling things out to me, or people even starting on any males such as my boyfriend who will walk with me past these areas.
    But I'm beginning to get a little bit tired of depending on men to "protect me" when all I'm trying to do is walk to school.
    I've messaged 2 sellers online to find this out and 1 said he would sell and ship to me, while the other said that pepper spray or mace spray is specifically illegal to ship outside of US.
    Is it or is it not legal, and if it isn't, how can I acquire some personal protection of my own?
     
  2. Tim W

    Tim W Lawyer
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    Those are not an option in Queensland.
    The thing about carrying any kind of personal defence device
    is that unless you are well skilled in how to use it,
    you risk it being taken from you and used back on you.
     
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  3. ikaros

    ikaros Member

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    Okay thank you, so that means they are both illegal then yes? Man, this sucks.
     
  4. John R

    John R Well-Known Member

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    Hi @ikaros
    I agree with @Tim W and understand that pepper spray, mace, etc. is illegal in Queensland under the Weapons Act 1990 (Qld), specifically as a Category R Weapon under the Weapons Categories Regulation 1997 (Qld), because it falls within the definition of:
    The minimum penalty for possession offences under the Weapons Act is generally one year imprisonment/jail.
    As an alternative to pepper spray or mace, you may consider a "personal alarm" type device such as this device sold at Dick Smith.

    Hope this helps.
     
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  5. Concerned Citizen

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    What about spray paint then?

    I can buy this from A hardware store and use a needle to enlarge the spray hole so it comes out as a jet jus like the graffiti 'artists' do.

    Not only will it incapacitate someone it will also make them more visible to others especially if its day glow pink or similar?
     
  6. Iamthelaw

    Iamthelaw Well-Known Member

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    If it's modified in such a way and intended to be used as a weapon (to cause injury or incapacitate some one), then it may well be deemed a weapon at law.
     
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  7. Rod

    Rod Well-Known Member

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    This would be OK as a legitimate use of paint. Though you may be considered a graffitist if a can is found on you by police.

    Suggest calling the police to see what they recommend, either officially of unofficially. Maybe drop into a station and ask for a female copper's opinion.
     
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  8. Gorodetsky

    Gorodetsky Well-Known Member

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    Hi,

    I suggest you don't discuss your interest in carrying a weapon with the police. Phoning anonymously and asking 'might' not attract problems, depending on what you ask. With respect to Rod, who is more knowledgeable than i am, in my experience i struggle to imagine a scenario where dropping into the station will be helpful to you.

    I'd suggest dropping in or asking at some women's service at campus. Those women have been down the path you are on, and ought to have some practical advice.

    Regards,
     
  9. Rod

    Rod Well-Known Member

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    Two parts to this - A female copper might be able to give some practical tips. Not guaranteed, but possibly useful, and no harm done if no practical advice is received. Certainly wouldn't volunteer suggestions to the copper, just see what she says.
     
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  10. sammy01

    sammy01 Well-Known Member

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    So - first thing it is a bad idea.. You could use anything - an deodorant can in the eyes will do the same thing - Bunnings sell a wasp spray that is designed to travel 5-6 metres. Good for killing wasps. Don't know how effective on baddies...But any device / weapon has the risk of being used on you or only serve to further aggravate an attacker...That said - having something to make you feel safe can sometimes work to make you feel more confident.

    Best defence? you can get aerosole operated alarms. They let out a huge sound that will draw attention of others and hopefully encourage an attacker to run. Nothing unlawful about that either.
     
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