Not illegal to own and use pepper spray for protection: Police

KUALA LUMPUR: Carrying pepper spray for protection is not illegal as there are no laws in Malaysia prohibiting its use for personal safety, Sentul police chief ACP R. Munusamy said today.
However, a general guideline for licensing listed in the police official website states that a permit is needed to import, sell or own pepper spray based on the Arms Act 1960.
"It was discussed some years ago if there should be laws to control pepper spray ownership but it has remained at that," he said in light of a case on Saturday where an American woman who refused to vacate her rented apartment pepper-sprayed police, firemen and the property owner.
Munusamy said the 42-year-old woman, who was remanded for a day for investigations, was freed on bail today.
He said police will submit the investigation papers of the case to the Attorney-General's Chambers for further action.
Munusamy said the policemen and firemen attacked in the incident have recovered following treatment at the Kuala Lumpur Hospital.
The pepper spray used by the woman was the type normally used for defence against wild bears.
It is learnt that the foreigner lived alone at the apartment unit at the Icon Residence in Jalan Dutamas Raya after separating from her British husband, who is an expatriate here.
The couple are in the midst of a divorce and the house was leased by the employer of the woman's husband.
Her husband had weeks earlier complied with the expiry of the tenancy agreement by surrendering the keys of the unit to the apartment management – in affect making the woman a trespasser.
The owner, who was under the impression the unit had been vacated, had gone there with a locksmith to replace the door locks.
However, he was shocked when the woman opened the door and discharged the spray at him, causing the man to suffer a burning sensation in his eyes.
Eight policemen and and five firemen were subsequently summoned to assist in the situation, but they were also sprayed.
A police officer later managed to persuade the woman to surrender and she was arrested.
The woman is being investigated for causing hurt under Section 324 of the Penal Code and police have notified the US Embassy of the case.
Meanwhile, human rights lawyer Eric Paulsen told theSun it is not illegal to carry pepper spray for personal safety.
"It is only an offence when you use it indiscriminately. You can use it for self-defence when you are under attack," he said.
"Likewise, owning a parang is not an offence. But if you have a parang in the middle of the night somewhere (without a good reason), then that would be an offence."
In 2006, a man was charged with voluntarily causing hurt by spraying a dangerous substance after he attacked former prime minister Tun Dr Mahathir Mohamad with pepper spray.
The attacker was accused of committing the offence at the Sultan Ismail Petra Airport in Pengkalan Chepa about 11am on July 28, 2006 and was sentenced to six months' jail by the Kota Baru magistrate's court in 2010.
However, in 2012, the High Court there overturned the decision and acquitted him of the charge. This decision was later upheld by the Court of Appeal, which also quashed the prosecution's appeal.