PP deputy expelled from Congress for showing a personal defense spray

A PP deputy was expelled from the Congress of Deputies for "showing a weapon" in the Government control session. The weapon in question was a 30 ml canister of pepper spray used for self-defense. This spray uses capsaicin extract, the natural chemical compound in hot peppers, to irritate the eyes (cause intense tearing and temporary blindness) and skin (burning sensation) of the attacker.

The goal of pepper spray is to temporarily incapacitate a person without causing permanent damage. Many people use it as a preventive and even deterrent tool when traveling late at night or when traveling through isolated or dangerous places. In Ceuta, pepper spray canisters seem to be part of the "new normal", according to representative Ana Vázquez. But is the carrying and use of pepper spray legal?

The law regulates the use of weapons and their identification in the Royal Decree of 1993, which makes it clear that defensive sprays are considered weapons, but also "personal defense devices under administrative supervision"; That is, they constitute a non-lethal weapon authorized exclusively for self-defense, although there are nuances.

What does the law say about the use of pepper spray?

The regulations have important limits for their marketing and carrying. The first detail is that the pepper spray spray must have official approval from the Ministry of Health. They also cannot be taken anywhere; Police forces can confiscate the boat and impose sanctions if it is used in nightclubs, demonstrations, sports venues or crowded places. In fact, the fine ranges between 601 and 30,000 euros, depending on the violation and the risk for those present.

In this context, the Penal Code requires that the use of spray always be justified by legitimate defense and, therefore, it can only be used in the event of real aggression or threat. Furthermore, the use is also conditional on the proportionality of the threat. For example, you cannot take action in the event of a simple argument or a verbal attack, as the sanctions could lead to prison sentences.

The article that prohibits the carrying of weapons in Congress

Francina Armengol appealed to article 106 of the Regulations of the Congress of Deputies to remove Vázquez. This article establishes the immediate expulsion and temporary suspension of any person who promotes serious disorder in the parliamentary premises. Article 101 is responsible for regulating this expulsion under four reasons: persistence in the attitude; carrying weapons; refusal to leave the room; and violate the incompatibilities regime.

The weapons regulations in article 5 also prohibit the advertising, sale, possession and use of weapons, except by specially authorized officials. This includes personal defense sprays and all weapons that emit gases or aerosols, as well as any device that includes mechanisms capable of projecting narcotic, toxic or corrosive substances.