United Kingdom
Is Pepper Spray or a Stun Gun Legal in the UK?
Independently fact-checked against primary sources (last audited September 28, 2026). · 13 primary sources cited on this page. How we verify our legal content
Pepper spray and stun guns are prohibited weapons across England, Wales, Scotland and Northern Ireland, and carrying one, even for self-defence, is a criminal offence carrying a maximum sentence of up to 10 years imprisonment.
Why Pepper Spray and Stun Guns Are Banned Outright
Section 5(1)(b) of the Firearms Act 1968 defines a prohibited weapon as "any weapon of whatever description designed or adapted for the discharge of any noxious liquid, gas or other thing." This is the statutory basis for treating pepper spray and CS gas as prohibited weapons, and it covers stun guns as well, which prosecutors charge under the same paragraph. Unlike some firearms, there is no certificate or licence that allows a private individual to lawfully possess a weapon under this provision. Possession is banned outright, in England, Wales and Scotland alike, since section 5 extends to all three nations.
The Real Maximum Sentence, and the 5-Year Mandatory Minimum Myth
Schedule 6 to the Firearms Act 1968 sets the penalty for possessing a prohibited weapon under section 5(1)(b) at up to 10 years imprisonment on indictment. On summary conviction the Schedule prints 6 months, but that figure is now read as 12 months: in England and Wales by section 282 of the Criminal Justice Act 2003 (the general magistrates' limit for either way offences, currently 12 months), and in Scotland by section 45 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.
A claim that circulates widely online is that pepper spray carries a mandatory 5-year minimum sentence. This does not hold up against the statute. The mandatory minimum for prohibited weapons is set by section 311 of and Schedule 20 to the Sentencing Act 2020 in England and Wales, and by section 51A of the Firearms Act 1968 in Scotland, and both lists cover only certain paragraphs of section 5(1), such as (a), (ab), (aba), (ac), (ad), (ae), (af) and (c), plus disguised firearms under section 5(1A)(a) and certain other named offences. Paragraph (b), the noxious substance provision that covers pepper spray and stun guns, is not on that list. There is no mandatory minimum sentence for this offence. The exception is a weapon disguised as another object, such as a stun gun made to look like a torch or mobile phone: because a prohibited weapon counts as a firearm, that is also an offence under section 5(1A)(a), which carries a minimum of five years for an offender aged 18 or over in England and Wales (21 or over in Scotland), and three years for a younger offender aged 16 or over, unless the court finds exceptional circumstances. Prosecution guidance says the section 5(1)(b) charge should generally be used for a disguised stun gun unless there is a specific reason for the more serious one. The genuine maximum is 10 years on indictment, with no floor set by statute.
Northern Ireland
Northern Ireland runs its own equivalent regime under the Firearms (Northern Ireland) Order 2004 (SI 2004/702). Article 45(1)(f) of that Order prohibits "any weapon of whatever description designed or adapted for the discharge of electricity or any noxious liquid, gas or other thing," explicitly naming electricity alongside the noxious substances, which puts stun guns beyond doubt in Northern Ireland's version of the offence. As in Great Britain, this offence sits outside Northern Ireland's own mandatory minimum sentencing provision, Article 70 of the same Order, which lists the other prohibited-weapon paragraphs but not paragraph (f). Article 70 does cover a firearm disguised as another object under Article 45(2)(a), and a prohibited weapon counts as a firearm under Article 2, so a disguised stun gun or spray can attract the minimum in Northern Ireland too. The maximum in Northern Ireland is 10 years on indictment, or one year on summary conviction, under Schedule 5 to the Order.
Self-Defence Is Not a Legal Route to Carrying One
Wanting a weapon for personal protection does not change the analysis. Possessing pepper spray or a stun gun for self-defence is treated the same as possessing it for any other reason under section 5(1)(b); the offence does not turn on intent. Readers researching what they can lawfully carry should see our guides to self-defence law and knife laws in the UK, which cover what legitimate self-defence actually permits.
Facing a Charge
Anyone facing a charge involving a prohibited weapon should get advice as early as possible. A duty solicitor is available free of charge at the police station, and criminal legal aid may cover the case going forward. See our guide to legal aid eligibility for how this works, and the UK criminal law hub for our wider coverage of offences and sentencing.
Frequently Asked Questions
Is it legal to carry pepper spray in the UK for self-defence?
No. Pepper spray is a prohibited weapon under section 5(1)(b) of the Firearms Act 1968, and carrying it is a criminal offence regardless of the reason, including self-defence.
What is the maximum sentence for possessing pepper spray or a stun gun?
Up to 10 years imprisonment on indictment. On summary conviction the maximum is 12 months in England, Wales and Scotland: Schedule 6 to the Firearms Act 1968 prints 6 months, but general sentencing statutes read that as 12 months. In Northern Ireland it is one year on summary conviction and 10 years on indictment.
Is there really a mandatory 5-year minimum sentence for pepper spray?
Not for ordinary pepper spray or stun guns: section 5(1)(b), the paragraph covering them, is not on the minimum-sentence list. But a pepper spray or stun gun disguised as another object, such as a stun gun made to look like a torch or phone, can be charged as a disguised firearm, which carries a minimum of five years for an offender aged 18 or over in England and Wales (21 or over in Scotland and Northern Ireland), and three years for a younger offender aged 16 or over, unless there are exceptional circumstances.
Is the law different in Northern Ireland?
Northern Ireland has its own equivalent offence under Article 45(1)(f) of the Firearms (Northern Ireland) Order 2004, which also names electricity explicitly; like Great Britain, it carries no mandatory minimum unless the weapon is disguised as another object.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Criminal Proceedings etc. (Reform) (Scotland) Act 2007
s. 45Other statutory offencesIn force
(1) The maximum term of imprisonment to which a person is liable on summary conviction of a relevant offence is, by virtue of this subsection, 12 months. (2) Accordingly, the specification of a maximum period of imprisonment in every relevant penalty provision is, in relation to any relevant offence to which it applies, to be read subject to subsection (1). (3) Without prejudice to subsections (1) and (2), the Scottish Ministers may by order amend the specification of a maximum term of imprisonment in a relevant penalty provision so as to specify, in relation to the relevant offence to which it applies, that the maximum term of imprisonment to which a person is liable on summary conviction is 12 months. (4) The specification of a maximum period of imprisonment in a relevant power is, in relation to any offence to which it applies, to be read as a period of 12 months. (5) Without prejudice to subsection (4), the Scottish Ministers may by order amend a relevant power so as to increase to 12 months the maximum term of imprisonment specified in the power.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Firearms Act 1968
s. 5Weapons subject to general prohibition.In force
(1) A person commits an offence if, without authority , he has in his possession, or purchases or acquires ...— (a) any firearm which is so designed or adapted that two or more missiles can be successively discharged without repeated pressure on the trigger; (ab) any self-loading or pump-action rifled gun other than one which is chambered for .22 rim-fire cartridges; (aba) any firearm which either has a barrel less than 30 centimetres in length or is less than 60 centimetres in length overall, other than an air weapon, . . . a muzzle-loading gun or a firearm designed as signalling apparatus; (ac) any self-loading or pump-action smooth-bore gun which is not an air weapon or chambered for .22 rim-fire cartridges and either has a barrel less than 24 inches in length or . . . is less than 40 inches in length overall; (ad) any smooth-bore revolver gun other than one which is chambered for 9mm. rim-fire cartridges or a muzzle-loading gun ; (ae) any rocket launcher, or any mortar, for projecting a stabilised missile, other than a launcher or mortar designed for line-throwing or pyrotechnic purposes or as signalling apparatus;
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 51aMinimum sentence for certain offences under s. 5In force
(1) Subsections (2) to (5) apply where— (a) an individual is convicted in Scotland of— (i) an offence under section 5(1)(a), (ab), (aba), (ac), (ad), (ae), (af) or (c) of this Act, . . . (ii) an offence under section 5(1A)(a) of this Act, or (iii) an offence under any of the provisions of this Act listed in subsection (1A) in respect of a firearm or ammunitionspecified in section 5(1)(a), (ab), (aba), (ac), (ad), (ae),(af) or (c) or section 5(1A)(a) of this Act, and (b) the offence was committed after the commencement of this section and at a time when he was aged 16 or over. (1A) The provisions are— (za) section 5(2A) (manufacture, sale or transfer of firearm, or possession etc for sale or transfer); (a) section 16 (possession of firearm with intent to injure); (b) section 16A (possession of firearm with intent to cause fear of violence); (c) section 17 (use of firearm to resist arrest); (d) section 18 (carrying firearm with criminal intent); (e) section 19 (carrying a firearm in a public place); (f) section 20(1)(trespassing in a building with firearm).
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
s. 57Interpretation.In forcecited in 2 of our articles
(1) In this Act, the expression “ firearm ” means— (a) a lethal barrelled weapon (see subsection (1B)); (b) a prohibited weapon; (c) a relevant component part in relation to a lethal barrelled weapon or a prohibited weapon (see subsection (1D)); (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . and so much of section 1 of this Act as excludes any description of firearm from the category of firearms to which that section applies shall be construed as also excluding component parts of ... firearms of that description. (1A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (1B) In subsection (1)(a), “ lethal barrelled weapon ” means a barrelled weapon of any description from which a shot, bullet or other missile, with kinetic energy of more than one joule at the muzzle of the weapon, can be discharged. (1C) Subsection (1) is subject to section 57A (exception for airsoft guns).
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Also relied on in: BB Gun and Imitation Firearm Law in the UK
Criminal Justice Act 2003
s. 282Increase in maximum term that may be imposed on summary conviction of offence triable either wayIn force
(1) In section 32 of the Magistrates' Courts Act 1980 (c. 43) (penalties on summary conviction for offences triable either way) in subsection (1) (offences listed in Schedule 1 to that Act) for “not exceeding 6 months” there is substituted “ not exceeding 12 months ” . (2) Subsection (3) applies to any offence triable either way which— (a) is an offence under a relevant enactment, (b) is punishable with imprisonment on summary conviction, and (c) is not listed in Schedule 1 to the Magistrates' Courts Act 1980. (3) The ... term of imprisonment to which a person is liable on summary conviction of an offence to which this subsection applies is by virtue of this subsection a term not exceeding the general limit in a magistrates’ court (and the relevant enactment in question is to be read as if it had been amended accordingly). (4) Nothing in this section affects the penalty for any offence committed before the commencement of this section.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Sentencing Act 2020
s. 311Minimum sentence for certain offences involving firearms that are prohibited weaponsIn force
(1) This section applies where— (a) a person is convicted of an offence listed in Schedule 20 (certain offences involving firearms that are prohibited weapons), and (b) the offender was aged 16 or over when the offence was committed. (2) The court must impose an appropriate custodial sentence for a term of at least the required minimum term unless the court is of the opinion that there are exceptional circumstances which— (a) relate to the offence or to the offender, and (b) justify not doing so. (3) In this section “ appropriate custodial sentence ” means— (a) in the case of a person who is aged under 18 when convicted, a sentence of detention under section 250 or, in a case to which section 252A applies, under that section ; (b) in the case of a person who is aged 18 or over but under 21 when convicted, a sentence of detention in a young offender institution (and includes, if the offence is an offence for which a person aged 21 or over would be liable to imprisonment for life, a sentence of custody for life); (c) in the case of a person who is aged 21 or over when convicted, a sentence of imprisonment.
Official text (excerpt) · last checked 2026-08-14 · Read the full text in our law library · Verify at legislation.gov.uk
Search our record of UK legislation — retrieved from legislation.gov.uk →
Sources and References
- Firearms Act 1968, section 5 (Weapons subject to general prohibition)(legislation.gov.uk).gov
- Firearms Act 1968, section 51A (minimum sentence, Scotland)(legislation.gov.uk).gov
- Firearms Act 1968, Schedule 6 (Prosecution and punishment of offences)(legislation.gov.uk).gov
- Firearms (Northern Ireland) Order 2004, Article 45(legislation.gov.uk).gov
- Firearms (Northern Ireland) Order 2004, Article 70 (Minimum sentences)(legislation.gov.uk).gov
- Sentencing Act 2020, section 311 (minimum sentence for firearms that are prohibited weapons, England and Wales)(legislation.gov.uk).gov
- Sentencing Act 2020, Schedule 20 (offences attracting the firearms minimum sentence, incl. s.5(1A)(a) disguised firearms)(legislation.gov.uk).gov
- Firearms Act 1968, section 57 (firearm includes a prohibited weapon)(legislation.gov.uk).gov
- CPS legal guidance: Firearms (disguised stun guns and charging s.5(1)(b) vs s.5(1A)(a))(cps.gov.uk).gov
- Firearms (Northern Ireland) Order 2004, Article 2 (firearm includes any prohibited weapon)(legislation.gov.uk).gov
- Firearms (Northern Ireland) Order 2004, Schedule 5 (Art.45(1)(f): 1 year summary, 10 years on indictment)(legislation.gov.uk).gov
- Criminal Justice Act 2003, s.282 (either way summary maximum read as the general limit)(legislation.gov.uk).gov
- Criminal Proceedings etc. (Reform) (Scotland) Act 2007, s.45 (summary maximum read as 12 months)(legislation.gov.uk).gov