Do Women Really Need A Licence To Carry Pepper Spray? We Asked PDRM For Clarification
Social media says they do. So does Bernama's official fact-checking platform.
By Sadho Ram — 01 Nov 2024, 01:55 PM — Updated 5 days ago
Recently, a post by Bernama's official fact-checking platform MyCheck stated that "women who wish to protect themselves from criminals" using pepper spray "must obtain a permit or licence from police"
The post was fact-checking claims on social media platforms like TikTok and X, formerly Twitter, where individuals highlighted the difficulties faced by women in Malaysia when it comes to carrying pepper spray.
According to one such viral post, which has over two million views, "anyone selling pepper spray needs a licence", and those who wish to carry it must seek a permit from the police and provide a valid reason.
The post, which has over 6,000 reposts, stated that "pepper spray is considered a weapon and can cause injury, and individuals can be arrested if found carrying it without a valid reason and without proper registration".
The viral post sparked a discussion about the rules and regulations governing self-defence tools in the country, with another local news outlet outlining further steps women need to follow.
One such criteria was that the individual must be at least 18 years old.
The application process and requirements caused a stir among netizens, particularly women, with MyCheck Malaysia stating that pepper spray is "classified as a dangerous weapon under the Arms Act 1960".
This piqued our curiosity as it didn't make practical sense, so we at SAYS decided to ask the authorities themselves for clarification
So, what's the deal?
While it is true that there are strict regulations regarding the sale of pepper spray, women actually do not need a licence to carry this self-defence tool, according to the Royal Malaysia Police (PDRM).
In an email correspondence with SAYS, the general licensing unit at Bukit Aman informed us that "pepper spray is listed under the Customs (Prohibition of Imports and Exports) Order 1988".
According to the clarification provided to us, importing and selling pepper spray as a controlled item requires a permit from PDRM, but "anyone aged 15 and above may buy pepper spray from licensed shops" and may possess, carry, or use it solely for self-defence purposes without a licence.
When asked whether specific types of pepper spray are prohibited for sale or use in Malaysia, we were informed that approval depends on the samples submitted by applicants who wish to sell them.
"Before importing, a permit application must be submitted to PDRM through the district police headquarters. This application will then be forwarded to the Bukit Aman police headquarters for processing."
However, there are legal consequences if a person uses pepper spray in situations other than self-defence, such as in a criminal act
The misuse of pepper spray — particularly in criminal acts — can result in jail time and fines.
According to PDRM, authorities will investigate any incidents where pepper spray appears to have been used unlawfully, focusing on the criminal behaviour involved, and determining whether its use was justified for self-defence or should be considered assault based on the circumstances.
For example, in November 2017, a 50-year-old man, Leng Wan Kwan, was charged under Section 353 of the Penal Code and sentenced to five months in jail and fined RM3,000 for pepper-spraying a Subang Jaya Municipal Council officer who attempted to clamp his illegally parked car.
It's important to note that the section under which the man was prosecuted deals with the use of criminal force against public servants, not specifically the use of pepper spray.
Additionally, police do not recommend buying pepper spray online
This is because pepper spray is a controlled item, and its purchase is recorded by the seller.
"The public, especially women, is advised to purchase pepper spray only from licensed shops to ensure its safety. When purchasing, it is advisable to obtain instructions on proper use from licensed sellers."
