Tear gas canisters are legal to own in France

In France, tear gas canisters of 100 ml or less are classified as category D weapons, which can be purchased and possessed freely by adults aged 18 or older without needing any declaration or authorization. However, carrying these canisters in public spaces is restricted and requires a "legitimate reason" as determined by authorities.

Carrying restrictions are legally defined

According to article L315-1 of the Interior Security Code, carrying or transporting category C and D weapons, including small tear gas canisters, is prohibited without a legitimate reason. This rule applies to all public spaces and is enforced by law enforcement and judges on a case-by-case basis.

Legitimate reason is context-dependent

The government has provided examples of situations where a legitimate reason might be recognized, such as a woman alone on public transport late at night carrying a tear gas canister. However, this is not a general right but a specific justification assessed based on individual circumstances and local conditions.

Penalties for illegal carrying are severe

Violating the carrying restrictions for category D weapons can result in up to one year in prison and a 15,000 euro fine. If multiple individuals are involved, the penalties increase to two years in prison and a 30,000 euro fine. Some courts have introduced an experimental 500 euro fixed fine, but it requires voluntary surrender of the weapon to authorities.

Public transport adds extra risks

Visible carrying of a category D weapon in public transport is also subject to penalties, including fines of up to 750 euros and possible confiscation of the canister. This highlights the additional legal risks individuals face when attempting to carry such items in highly regulated environments.