WHAT IS THE LAW ON PEPPER SPRAY IN TRINIDAD AND TOBAGO?

CONTACT US HERE

Share This:

​It is now possible to legally own pepper spray in Trinidad and Tobago. But what exactly is the law relating to it? What kinds of pepper spray are you allowed to own? Do you need a permit to have it in your possession? Here's what you should know about the law on pepper spray in Trinidad and Tobago.

1. You must have a permit.
​
The Firearms Act Chap 16:01 was amended by the Firearms (Amendment) Act 2021 Act No. 7 of 2021 and the amendments provide for permits for importation, manufacturer and production of pepper spray as well as permits for people to have it in their possession. Without a permit, it is an offence to import, manufacture, produce or have pepper spray in one's possession.

According to section 6A of the Firearms Act:

6A. (1) For the purposes of the manufacture, production, importation, exportation, diversion, sale or distribution of pepper spray under this Act, the Minister may by Order subject to negative resolution of Parliament approve the type, strength and volumetrical content of pepper spray permitted in a canister.

(2) Subject to subsection (1), a person may--
(a) manufacture, produce, import, export, divert, sell or distribute; or
(b) purchase, acquire or have in his possession, pepper spray, only if he holds a Pepper Spray Import Permit or a Pepper Spray Permit, as the case may be, issued by the Commissioner of Police or a police officer authorised by him.

(3) Any pepper spray that is not approved by the Minister under subsection (1), is a prohibited weapon for the purposes of this Act.

(4) A person who contravenes subsection (2) commits an offence and is liable— (a) on summary conviction to a fine of two hundred and fifty thousand dollars and imprisonment for five years; or
(b) on conviction on indictment to a fine of seven hundred and fifty thousand dollars and imprisonment for fifteen years.

2. Certain persons, in the performance of their functions, would not be required to have a permit to have pepper spray in their possession.

According to section 6 (2A) of the Firearms Act:

“6. (2A) Notwithstanding section 6A(2), the following persons may have in their possession pepper spray for the purpose of performing their functions:
(a) an Estate Police under the Supplemental Police Act;
(b) a Special Reserve Officer under the Special Reserve Police Act;
(c) a Municipal Police Officer under the Municipal Corporation Act; or
(d) any other person approved by the Minister by Order.”.

3. Only certain types of pepper sprays are allowed.

The amendments to the Firearms Act also allows the Minister by Order (subject to negative resolution of Parliament) to approve the type, strength and volumetrical content of pepper spray permitted in a canister. Such an Order, called the Firearms (Use of Pepper Spray ) Order, 2021 was published on the 3rd of August, 2021. In this order two types of pepper spray were approved, with corresponding strengths and volumetric content per unit.

The first is pepper spray in the form of a fogger or stream containing oleoresin capsicum (OC) and not containing Chloroacetaphenone (CN) or Orthochloro-benzalmalononitrile (CS). The Concentration of OC approved is not less than 5% and not exceeding 10% or not exceeding 5,000,000 Scoville Heat Units (SHUs). In terms of the volumetric content per canister, the amount allowed is not less than 2 ounces (60 ml) and not exceeding 5 ounces (150 ml).

The second is pepper spray in the form of a fogger or stream containing Major Capsaicinoids (MC) and not containing Chloroacetaphenone (CN) or Orthochloro-benzalmalononitrile (CS). The concentration of MC approved is not less than 0.8 % and not exceeding 1.4% or not exceeding 5,000,000 Scoville Heat Units (SHUs). In terms of the volumetric content per canister, the amount allowed is not less than 2 ounces (60 ml) and not exceeding 5 ounces (150 ml).

4. Certain persons are banned from obtaining permits.

According to section 16B of the Firearms Act:

16B (1) A person who is--
(a) charged or convicted with an offence specified in Schedule II;
(b) charged or convicted with an offence listed in Part II of the Bail Act; or
(c) charged or convicted with an offence under the Domestic Violence Act, is prohibited from obtaining a Pepper Spray Import Permit or Pepper Spray Permit.

(2) For the purposes of subsection (1), a person who is the subject of an Undertaking, Interim Order or Protection Order in proceedings under the Domestic Violence Act shall be prohibited from obtaining a Pepper Spray Import Permit or Pepper Spray Permit unless a Court determines otherwise.

(3) A person who is prohibited from obtaining a Pepper Spray Import Permit or Pepper Spray Permit under subsections (1) or (2) and is found with pepper spray in his possession, commits an offence and is liable--
(a) on summary conviction to a fine of two hundred and fifty thousand dollars and imprisonment for five years; or
(b) on conviction on indictment to a fine of seven hundred and fifty thousand dollars and imprisonment for fifteen years.”.

5. Prohibited persons must return previously granted permit and pepper spray.

According to section 16C of the Firearms Act:

16C. (1) Where a holder of a Pepper Spray Import Permit or Pepper Spray Permit is charged or convicted for an offence under section 16B(1) or (2), that person shall, within seven days of becoming a person prohibited from obtaining a Pepper Spray Import Permit or Pepper Spray Permit, return the Pepper Spray Import Permit or Pepper Spray Permit and pepper spray to a police station.

(2) A person who contravenes subsection (1), commits an offence and is liable— (a) on summary conviction to a fine of two hundred and fifty thousand dollars and imprisonment for five years; or (b) on conviction on indictment to a fine of seven hundred and fifty thousand dollars and imprisonment for fifteen years.”.

6. You can apply for your pepper spray permit from an authorised police officer.

The pepper spray permit or pepper spray import permit costs $50.00TT and according to section 17 (4A) of the Firearms Act:

17. (4A) A Pepper Spray Import Permit or Pepper Spray Permit shall be granted by the Commissioner of Police or such police officer as may be authorised by the Commissioner, only if the Commissioner or the police officer as authorised by him, is satisfied that the applicant has good reason to--

(a) manufacture, produce, import, export, divert, sell or distribute; or

(b) purchase, acquire or have in his possession, pepper spray in respect of which the application is made, and can be permitted to manufacture, produce, import, export, divert, sell or distribute pepper spray or to purchase, acquire or have in possession pepper spray, without danger to the public safety or to the peace, however, such permit shall not be granted to a person whom the Commissioner of Police or the police officer authorised by him, as the case may be, has reason to believe to be of intemperate habits or unsound mind, or to be for any reason unfit to be entrusted with pepper spray.

7. There are certain requirements to be eligible for a permit.

According section 17A of the Firearms Act:

17A. (1) Notwithstanding section 17(2A), a person may be issued with a Pepper Spray Import Permit or Pepper Spray Permit where--
(a) that person is eighteen years of age and over; or
(b) in the case of a child who is sixteen years of age and over, the parent, guardian or person with responsibility for the child has given written permission for the child to be in possession of pepper spray.

(2) A person authorised to purchase, acquire or have in his possession pepper spray, shall only use the pepper spray in self-defence.

(3) A person who uses pepper spray in the commission of a criminal offence is liable— (a) on summary conviction to a fine of two hundred and fifty thousand dollars and imprisonment for five years; or (b) on conviction on indictment to a fine of seven hundred and fifty thousand dollars and imprisonment for fifteen years.”.

8. You cannot transfer or sell your pepper spray to anyone else.

According to section 9B of the Fire Arms Act:
​
9B. Any person who sells or transfers pepper spray to any other person who does not hold or is not exempt from holding a Pepper Spray Import Permit or Pepper Spray Permit is liable--
(a) on summary conviction to a fine of five hundred and fifty thousand dollars and to imprisonment for five years; or
(b) on conviction on indictment to a fine of seven hundred and fifty thousand dollars and imprisonment for fifteen years.”

9. You must have your pepper spray permit with you.

According to section 27 (1) of the Firearms Act:

“27. (1) The holder of a licence, certificate or Pepper Spray Permit who is thereby authorised to carry a firearm and ammunition or pepper spray, as the case may be, in a public place shall whenever he carries such firearm, ammunition or pepper spray in a public place have with him the applicable licence, certificate or Pepper Spray Permit in respect of such firearm and ammunition or pepper spray.”

10. If your pepper spray or permit is lost or stolen you must report it.

According to section 17B. (1) of the Firearms Act:

17B. (1) Where a Pepper Spray Import Permit or Pepper Spray Permit or pepper spray is lost or stolen, the holder of the permit or the owner of the pepper spray as the case may be shall, within twenty-four hours after the holder of the permit or owner of the pepper spray discovers that his permit or pepper spray was lost or stolen, report the lost or stolen permit or pepper spray at a police station.

(2) Where a permit for pepper spray is lost or stolen, the holder of the permit may, after providing satisfactory proof that the permit was lost or stolen, apply to the Commissioner or the police officer authorised by him as the case may be for a duplicate Pepper Spray Permit.

(3) A duplicate Pepper Spray Import Permit or Pepper Spray Permit issued under subregulation (1) shall only be valid for the unexpired duration of the original Pepper Spray Permit.

Important Notice: This post does not constitute legal advice. Always consult with an attorney on any legal problem or issue.

​This website is managed by AURORA Chambers; a law practice in Trinidad and Tobago.

Click HERE to receive updates straight to your inbox by subscribing to our newsletter.

---