Pepper Spray in Germany: Buying, Carrying and Using It for Self-Defence

Pepper spray is one of the most popular means of self-defence. In Germany, however, what matters is not only what you bought, but also where you carry it and how you use it. This article explains what the Weapons Act (Waffengesetz, WaffG) and the Criminal Code (Strafgesetzbuch, StGB) say, and which mistakes most often lead to criminal proceedings.

Two types of spray: animal-defence spray and irritant spray device

Under § 1(2) No. 2 WaffG, weapons include portable items that by their nature are intended to eliminate or reduce a person's ability to attack or defend themselves. This covers devices that spray irritants with a range of up to 2 metres (Reizstoffsprühgeräte, Annex 1, Section 1, Subsection 2, No. 1.2.2 WaffG).

Such items are prohibited unless the substance is officially approved as harmless to health and the device is limited in range and spray duration and carries an official test mark (Annex 2, Section 1, No. 1.3.5 WaffG). Devices with a test mark – usually containing the irritant CS – are sold for self-defence.

Pepper sprays (active ingredient OC) generally do not carry such a mark and are sold as animal-defence sprays. Because they are intended for use against animals, the prevailing view is that they are not weapons within the meaning of the WaffG. However, if a spray without a test mark is sold or carried specifically for defence against people, the authorities or a court may classify it as a prohibited item.

Who may buy and carry a spray?

• Spray with a test mark: it is a weapon. Handling weapons is only permitted from the age of 18 (§ 2(1) WaffG).
• Kleiner Waffenschein: the law requires this small licence for carrying blank, gas and signal guns – not for spray devices.
• Spray without a test mark intended for use against people: a prohibited item. Buying, possessing and carrying it is punishable by up to three years' imprisonment or a fine (§ 52(3) No. 1 WaffG).

Where carrying is banned: § 42 and § 42b WaffG

Even legal weapons may not be carried everywhere:

• Public events (§ 42(1) WaffG): fairs and festivals, sports events, trade fairs, exhibitions, markets and similar events, as well as theatres, cinemas, clubs and dance events. A breach is a criminal offence: up to three years' imprisonment or a fine (§ 52(3) No. 9 WaffG).
• Long-distance public transport (§ 42b WaffG): long-distance trains and enclosed station buildings and stops. A breach is an administrative offence with a fine of up to €10,000 (§ 53(1) No. 21c, (2) WaffG).
• Weapon-free zones (§ 42(5) WaffG): the federal states may ban weapons on certain streets and squares, in local public transport and in youth and educational facilities. A breach is an administrative offence.

These bans apply to weapons, i.e. primarily to sprays with a test mark. We nevertheless advise against taking an animal-defence spray to such places: a check may lead to a dispute about what the spray is intended for.

Using spray against a person: only in self-defence

Under § 32 StGB, self-defence is the defence necessary to fend off a present unlawful attack on oneself or another person. Anyone acting in self-defence does not act unlawfully.

If there is no attack, the attack is already over, or the spray is used "just in case" during an argument, its use may amount to dangerous bodily harm – in particular by administering substances harmful to health (§ 224(1) StGB). The penalty is imprisonment from six months to ten years.

Whether there was a self-defence situation depends on the circumstances of each case. If you have used pepper spray, do not make a statement to the police before getting legal advice – as a suspect you have the right to remain silent (§ 136 StPO).

Spray in your pocket during a theft

Carrying a spray while committing theft is particularly risky. Anyone who carries a weapon or another dangerous tool during a theft faces imprisonment from six months to ten years under § 244(1) No. 1 StGB – even without any intention of using it. See our article "Shoplifting in Germany".

What to do if the spray was seized or you are under investigation

1. Do not comment on the allegations without a lawyer – giving your personal details is enough.
2. Keep the receipt and packaging: they can show that it is an animal-defence spray or a device with a test mark.
3. Record the circumstances: who attacked, witnesses, video footage, medical records.
4. Instruct a defence lawyer – they will request access to the file (Akteneinsicht) and assess whether the proceedings can be discontinued.

From our practice: an allegation of arms trading under § 52 WaffG.

Frequently asked questions

Can I carry pepper spray in Germany?

Pepper sprays are usually sold as animal-defence sprays (Tierabwehrspray). Sprays intended for use against people are only allowed with an official test mark (amtliches Prüfzeichen) and only from the age of 18. Carrying weapons is prohibited at public events, in cinemas and clubs (§ 42 WaffG) and in long-distance public transport (§ 42b WaffG).

Can I use pepper spray against a person?

Only in self-defence (Notwehr, § 32 StGB) – to fend off a present unlawful attack and only to the extent necessary. Outside self-defence, its use may amount to dangerous bodily harm (§ 224 StGB).

How old do you have to be to buy CS spray?

A spray with a test mark designed for use against people is a weapon, and under § 2(1) WaffG handling weapons is only permitted from the age of 18.

What is the penalty for a spray without a test mark intended for use against people?

Such an item is prohibited (Annex 2, Section 1, No. 1.3.5 WaffG). Handling it is a criminal offence punishable by up to three years' imprisonment or a fine (§ 52(3) No. 1 WaffG).

Do I need a small firearms licence (Kleiner Waffenschein) for CS spray?

The Kleiner Waffenschein is required for carrying blank, gas and signal guns (Schreckschuss-, Reizstoff- und Signalwaffen), not for spray devices. The bans under § 42 and § 42b WaffG still apply.

Conclusion

Pepper spray in Germany is no reason to panic, but the rules are stricter than many people expect: the marking, the intended purpose, the place and the situation of use all matter. If you are facing proceedings under the Weapons Act or because you used a spray, we will review the file and handle your defence. We act for clients throughout Germany.

This article is for general information only and does not replace individual legal advice.