NOTE: This petition was first lodged on Citizen Go in March, the content remains the same with minor edits due to the recent change in government:

A petition to the Police Minister of NSW, The Hon. Yasmin Catley MP, requesting the repeal of Section 2 ‘Miscellaneous Weapons’ (22)(d) of Schedule 1 of the Weapons Prohibition Act 1998, legalising the possession and use of oleoresin capsicum (capsicum/pepper spray) for the purpose of self defense in NSW.

Tragically, violent assaults against women and other vulnerable residents in NSW has consistently and significantly increased over the past several decades, with the imminent threat of defenceless violence constantly hindering women and other vulnerable people from enjoying their right to safety and security to the fullest extent in the state of NSW.

Under the weapons prohibition act 1998 (NSW) possessing a prohibited weapon, including capsicum spray, can incur a maximum penalty of 14 years incarceration if tried as an indictable offense- alining with the maximum penalty for sexual intercourse without consent (rape) under NSW statute. The irony of the, however unlikely, possibility of a rapist incurring the same penalty as a woman attempting to defend herself against a perpetrator is astounding and should mortify every NSW resident no matter their political alignment.

Article three of the Universal Declaration of Human Rights states that “Everyone has the right to life, liberty and security of person.” It can be expanded that the right to life extends to one’s right to protect their own life, allowing for the broad assumption that the right to self defense should be respected and protected by the government to a reasonable extent.

A lot has been said about women’s safety, some solutions have been offered by various activist groups, many of which are quite tokenistic in nature and are unlikely to be beneficial to the broader issue of women’s safety.

Capsicum spray, being a non-lethal self defense weapon, will be revolutionary in the debate regarding women’s safety, drawing the line between life and death in some instances.

The most common argument against the use of pepper spray is that it may be used against police officers during the apprehension of criminals. Although the protection of law enforcement officers should be of utmost importance during the consideration of any law reform, there is no evidence of substantial risk to officers in Western Australia where capsicum spray is treated as a controlled substance, rendering the argument, for the most part, null.

This petition is not calling for the reckless legalisation and distribution of capsicum spray in NSW, but rather the practical review, and reform, of self-defense laws in NSW, allowing women and other vulnerable people the right to feel safe in all places at all times.

NSW residents should expect their leaders to treat their safety with utmost importance, the people of NSW are not little children, there is no acceptable excuse to withhold capsicum spray, and potentially other non-lethal, relatively safe, self defense products from reasonable hands.

The constant belittlement of NSW residents must come to an end. To date, there is no active campaign in NSW to legalise the possession and use of capsicum spray, as a state this must be changed. If you are a woman, worried parent, vulnerable person, etc, please sign and share this petition to send a message to the minister for police that we have had enough.

Minister, please consider the female, elderly or otherwise vulnerable residents of NSW and commit to law reform regarding the possession and use of capsicum spray and the subsequent attitude towards NSW citizen’s right to non-lethal self defense.