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Criminal identifiert spray legal to carry in ROI?

  • 10-05-2019 2:43pm
    #1
    Registered Users, Registered Users 2 Posts: 4


    Hi there,

    does anyone know for sure if criminal identifier sprays (these little cans that spray a dye liquid) are legal to carry in the Republic of Ireland? The ones i found say 100% legal in UK but they do not mention the ROI.

    Best wishes,

    Arnold23


Comments

  • Registered Users, Registered Users 2 Posts: 28,694 ✭✭✭✭drunkmonkey


    I'd assume so, shops use something similar in some alarm systems.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    Possibly a Section 2 assault if used and the 'victim' thinks it's pepper spray, probably okay to carry.


  • Registered Users, Registered Users 2 Posts: 4 Arnold23


    Thanks @drunkmonkey
    Tanks @Samuel T. Cogley

    I am not an expert with ROI laws could the follwing be relevant? :

    If a person carrys a criminal identifier spray from an US manufacturer with a big defence I.D. on the label then it is not legal because the purpose of the item is defence.

    When a person carries or uses a criminal identifier spray (clearly labeled as a criminal indentifier spray) and says when asked why he/she carried /used it and says: "To blind him in defense" then that person commited a felony?

    Only legal alternative?:
    "I carried/used the item to spray the attacker on his/her clothes while he/she commited the crime so later the criminal can be indentified?

    Btw: I don´t mean this in a sarcastic way.


  • Registered Users, Registered Users 2 Posts: 10,684 ✭✭✭✭Samuel T. Cogley


    It's very unlikely you'd end up in a situation where you were charged with assault. I just like hypotheticals.

    Here is the law as it stands on the type of Assault you might commit:

    2.—(1) A person shall be guilty of the offence of assault who, without lawful excuse, intentionally or recklessly—

    (a) directly or indirectly applies force to or causes an impact on the body of another, or

    (b) causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to any such force or impact,

    without the consent of the other.

    (2) In subsection (1) (a), “force” includes—

    (a) application of heat, light, electric current, noise or any other form of energy, and

    (b) application of matter in solid liquid or gaseous form.

    (3) No such offence is committed if the force or impact, not being intended or likely to cause injury, is in the circumstances such as is generally acceptable in the ordinary conduct of daily life and the defendant does not know or believe that it is in fact unacceptable to the other person.

    (4) A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding £1,500 or to imprisonment for a term not exceeding 6 months or to both.

    You may have a defence under Sub-section (3), you could also possibly claim self defence?


  • Registered Users, Registered Users 2 Posts: 4 Arnold23



    (a) application of heat, light, electric current, noise or any other form of energy, and

    Really loud personal alarm systems are legal to carry, even though they could do damage with their noise guess the same methodism would apply to criminal identifier sprays, as drunkmoney stated they are sometimes part of an alarm system.


    So the action of a person is in ROI law a crucial point, not the item itself as long it is not per se illegal?

    In many countries the labeling of an item that a person carries is curcial, for example for ze germans pepper spray is fine as long as it is labeled and carried with the purpose to fend of animals, if not it is a felony like you would carry a webley revolver. ;)


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  • Closed Accounts Posts: 1,420 ✭✭✭MrFresh


    [QUOTE=Arnold23;110151463]Really loud personal alarm systems are legal to carry, even though they could do damage with their noise guess the same methodism would apply to criminal identifier sprays, as drunkmoney stated they are sometimes part of an alarm system.[/QUOTE]


    Says who?

    Arnold23 wrote: »
    So the action of a person is in ROI law a crucial point, not the item itself as long it is not per se illegal?

    In many countries the labeling of an item that a person carries is curcial, for example for ze germans pepper spray is fine as long as it is labeled and carried with the purpose to fend of animals, if not it is a felony like you would carry a webley revolver. ;)


    It may also come under the definition of a "prohibited weapon" in the firearms act

    the expression “prohibited weapon” means and includes any weapon of whatever description designed for the discharge of any noxious liquid, noxious gas, or other noxious thing, and also any ammunition (whether for any such weapon as aforesaid or for any other weapon) which contains or is designed or adapted to contain any noxious liquid, noxious gas, or other noxious thing;


  • Registered Users, Registered Users 2 Posts: 4,310 ✭✭✭Pkiernan


    We live in a country where child rape is dealt with by way of a suspended sentence.

    I wouldn't worry about some spray paint.


  • Registered Users, Registered Users 2 Posts: 4 Arnold23


    To be honest i would like to buy my colleen something more powerful than paint... but then murphys law...


  • Registered Users, Registered Users 2 Posts: 28,694 ✭✭✭✭drunkmonkey




  • Registered Users, Registered Users 2 Posts: 15,960 ✭✭✭✭Discodog



    Insane price & she had better of practiced opening it before needing the toilet in a hurry


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