In France, can I carry a defense spray?

In France, can I carry a defense spray?

Article updated on October 4, 2026.

The ADMIRAL DEFENSE Compliance team answers a question our customers in France ask again and again: can I carry a defense spray? In short: an adult may buy a spray of up to 100 ml and keep it at home, but may only carry or transport it outside the home with a legitimate reason (motif légitime), assessed case by case.

A question of category

In France, defense sprays are weapons under the Internal Security Code (Code de la sécurité intérieure, CSI). Their classification is set out in Article R311-2 of the CSI, in the version in force since September 7, 2025 (resulting from Decree No. 2025-894 of September 5, 2025, which did not change the rules on aerosols).

The only criterion is the capacity of the container, whatever the active ingredient (CS gas, OC pepper, PAVA…):

Capacity Category Rules for private individuals
100 ml or less D(b) Free purchase and possession for adults
More than 100 ml B(8°) Subject to authorization from the prefecture

The text does, however, allow an aerosol of 100 ml or less to be placed in another category by a joint order of the Minister of the Interior and the Minister responsible for customs.

The sale of weapons, including Category D, is prohibited to minors, without exception (Service-Public, fact sheet F2248).

What about the formulation?

Since August 1, 2018, the formulation no longer plays any role in classification. Before that date, technical criteria applied: Article 12 of the Order of September 11, 1995 classified separately CS aerosols with a concentration above 2%, a volume above 100 ml or a flow rate above 60 g/s.

The 2013 reform provided for classification by capacity, but the implementing order was never issued: in the meantime, all aerosols remained in Category D (ministerial answer No. 38311). Decree No. 2018-542 of June 29, 2018 brought the 100 ml threshold into effect on August 1, 2018.

Carrying and transporting: the legitimate reason

Carrying and transporting a Category D spray outside the home are prohibited without a legitimate reason (Article R315-1 of the CSI). Carrying means the weapon is ready for immediate use (in a pocket, on a belt); transporting means it is not (packed in a bag).

As the official Service-Public fact sheet F2248 states (our translation): "Carrying and transporting a Category D weapon outside your home (for example, in your car) are prohibited without a legitimate reason. In the event of a security check (search of a bag, a vehicle…), you must be able to provide a legitimate reason."

Each case is assessed individually: the police, or the judge in the event of a dispute, take into account the place, the time, the type of weapon and the profile of the person carrying it. A general wish to be able to defend yourself is not enough on its own.

The Ministry of the Interior gave a concrete example in its answer to written question No. 5868 (Official Journal, June 24, 2025): a legitimate reason may be recognized for a woman traveling alone by public transport late at night, on a route that can be considered risky (few people, poor lighting, isolated area), carrying a tear gas spray. The Ministry added that it does not intend to change these rules.

ADMIRAL DEFENSE reminds you, as stated on its labels, that this product is a Category D weapon, to be used only for self-defense, in case of danger, within the limits of lawful self-defense.

What are the penalties?

Carrying or transporting a defense spray without a legitimate reason is a criminal offense (Article L317-8 of the CSI):

Situation Penalty
Carrying or transporting without a legitimate reason 1 year in prison and a €15,000 fine
Offense committed by several people 2 years in prison and a €30,000 fine
Weapon voluntarily handed over to the police Fixed fine of €500 (reduced to €400, increased to €1,000)

Source: Service-Public, fact sheet F33658.

On public transport

A rule specific to public transport applies in addition to the legitimate reason. In public transport areas and vehicles, it is prohibited to carry visibly any object that resembles a Category A to D weapon in a way that could disturb public order (Transport Code, Articles R2242-1 et seq.).

The fine can reach €750, and the object may be confiscated. On the metro, bus or train, keep your spray out of sight.

What about professionals?

Sprays of more than 100 ml (Category B 8°) are not available to private individuals without authorization from the prefecture.

  • People exposed to serious risks because of their work may be authorized to acquire Category B weapons, including these aerosols, and to keep them at their place of work (Article R312-39 of the CSI, in force since August 1, 2018). This authorization does not cover carrying, which requires a separate procedure (Articles R315-1 et seq.).
  • Government services: the Ministry of the Interior, the customs administration and the prison administration may acquire and hold weapons of any category to equip their staff (Article R312-23 of the CSI).

ADMIRAL products for security companies and law enforcement carry the « PROFESSIONAL » label because their formulation is specific. Legally, this label is commercial: in France, capacity alone determines the category. A professional spray of 100 ml or less remains in Category D; above that, it falls under Category B.

What about ADMIRAL RED marking sprays, with no irritant?

Inert marking sprays, meaning sprays with no tear gas or incapacitating agent, are not classified weapons: they appear in no category of Article R311-2 of the CSI. Buying, owning and carrying them are therefore not subject to any of the restrictions that apply to weapons: these texts set no age limit, and you need no legitimate reason to carry them. They serve two purposes: keeping a threat at a distance and, in an emergency, marking the attacker so the police can identify them. The ADMIRAL RED range is available in France.

That does not mean anything goes. Two limits apply:

  • Weapon by use. Article 132-75 of the Criminal Code defines a weapon as "any object designed to kill or injure" (our translation). It also treats as a weapon any dangerous object used or intended to kill, injure or threaten, as well as any object that resembles a weapon closely enough to cause confusion when it is used to threaten. The same article states that "using an animal to kill, injure or threaten is treated as using a weapon".
  • Public transport. A marking spray that looks like a defense spray must not be carried visibly on public transport (see above).

Feel free to send your regulatory questions to eu@admiraldefense.com.

Official sources

Texts and pages consulted on October 4, 2026. Official texts are in French.

Legislation (Légifrance)

Official websites

This article provides general information and does not constitute legal advice.

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