Policing.uk

Is it illegal to have pepper spray in the UK?

Yes. Pepper spray (OC spray) is classified as a firearm under s.5(1)(b) of the Firearms Act 1968 because it is a weapon designed to discharge a noxious liquid or gas. Possession carries a mandatory minimum sentence of 5 years' imprisonment for adults.

The law

  • Firearms Act 1968, Section 5(1)(b). Prohibited weapon: any weapon designed or adapted for discharge of noxious liquid, gas, or other thing. Pepper spray, CS spray, and PAVA are all included.
  • Firearms Act 1968, Section 51A. Mandatory minimum sentence of 5 years for adults possessing a prohibited weapon, unless exceptional circumstances.

The penalty

Offence
Possession of prohibited weapon (s.5 Firearms Act 1968)
Maximum
10 years' imprisonment
Typical range
5 years' custody (mandatory minimum); exceptional circumstances may reduce

What to do

  1. Do not bring pepper spray into the UK from abroad: it will be seized at the border.
  2. Do not buy pepper spray online: many sellers ship from abroad and possession on delivery is an offence.
  3. If you have pepper spray, dispose of it safely: hand it in at a police station during a firearms amnesty or surrender it.
  4. Consider legal personal safety alternatives: personal alarms, well-lit routes, and personal safety apps.
  5. If charged, seek specialist firearms defence solicitor immediately given the mandatory minimum sentence.

In detail

Pepper spray, also known as OC (oleoresin capsicum) spray, is classified as a prohibited weapon under s.5(1)(b) of the Firearms Act 1968. This section covers "any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing." Pepper spray falls squarely within this definition.

As a s.5 prohibited weapon, possession carries a mandatory minimum sentence of 5 years' imprisonment for adults (3 years for those aged 16-17) under s.51A of the Firearms Act 1968 (inserted by the Criminal Justice Act 2003). The court can only depart from the minimum if there are "exceptional circumstances" relating to the offence or the offender.

The maximum sentence is 10 years' imprisonment on indictment. On summary conviction, the maximum is 6 months and/or an unlimited fine.

It does not matter whether you bought the pepper spray for self-defence or obtained it abroad where it is legal. The prohibition is on possession in England, Scotland, and Wales. Importing pepper spray is also an offence.

This classification often surprises people, particularly those who have travelled to countries where pepper spray is freely available (including many EU countries and US states). Border Force regularly seizes pepper spray at UK ports and airports, and the holder can be arrested and charged.

CS spray and PAVA spray are also classified as firearms under the same provision. Police officers carry PAVA spray under their authorisation, but this does not extend to the general public.

Alternative personal safety devices that are not classified as firearms include personal alarms and certain types of safety spray that use a marking dye rather than a noxious substance. However, any device designed to incapacitate a person is likely to fall foul of the Firearms Act.

If you are found in possession of pepper spray, the police will arrest you and charge you with possession of a prohibited weapon. This is treated as a serious firearms offence.

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Last updated 16 October 2026