Halloween rules in Paris under review

As Halloween approaches, the Paris police prefecture has reminded the public of existing rules through its X account, stating that "the rules remain the same" during the holiday. The post mentions that disguising one's face in public is an offense punishable by a 150€ fine, and carrying a weapon, even a fake one, could result in three years in prison and a 45,000€ fine. These statements require clarification.

Face concealment law and exceptions

The ban on face concealment stems from the law of October 11, 2010. Article 1 of this law prohibits wearing clothing intended to conceal the face in public spaces, and Article 3 classifies this as a second-class offense punishable by a maximum 150€ fine. However, Article 2 of the law provides exceptions, including for health reasons, or for sports, festivals, or artistic or traditional events. Thus, Halloween masks would generally fall under the festive exception.

Demonstrations and weapons

This exception does not apply to demonstrations in public spaces, such as those planned for October 31. The penalty of three years in prison and a 45,000€ fine mentioned by the police relates to Article 431-10 of the penal code, which applies only to participation in public demonstrations or gatherings with a weapon. Even in this context, a fake weapon is only considered a weapon under Article 132-75 of the penal code if it is sufficiently similar to a real weapon to cause confusion and is used or intended to threaten someone.

Fake weapons and local regulations

Outside of demonstrations, there is no general legal prohibition on carrying a fake weapon. The decree of March 24, 1999, only regulates the sale of items resembling firearms, such as airsoft replicas, particularly to minors. The government has noted that prefects can prohibit the carrying and transportation of such items in public places based on local circumstances.

Halloween bans and enforcement

Prefectures often issue such bans during Halloween, as seen in the Hauts-de-Seine in 2022. Ignorance of such an order is a second-class offense, carrying a maximum fine of 150€. The police's attempt to scare people into getting candy has failed.