Pepper Spray Application Process and FAQs for Importers, Retailers and Users

What is Pepper Spray?
An inflammatory agent which, when applied on the body of an individual, may cause the mucous membranes in the eyes, nose, throat and lungs to become inflamed, resulting in the immediate closing of the eyes, difficulty breathing, runny nose, and coughing.
Pepper Spray is a prohibited weapon. A person who would like to have Pepper Spray in their possession must have a ‘Pepper Spray Permit’'. This permit authorizes the holder during such period as may be specified in the permit, to purchase, acquire or have in his or her possession Pepper Spray. Citizens are only permitted to have in their possession Pepper Spray that has been purchased from an authorized dealer.

Under what Legal Notice is Pepper Spray regulated in Trinidad and Tobago?
Pursuant to the Legal Notice 203 of 2021:

The Following Types of Pepper Spray Are Allowed:

  1. Pepper Spray (Fogger or Stream) containing Oleoresin Capsicum (OC) and not containing Chloroacetaphenone (CN) or Orthochloro-benzalmalononitrile (CS).
  2. Pepper Spray (Fogger or Stream) containing Major Capsaicinoids (MC) and not containing Chloroacetaphenone (CN) or Orthochloro-benzalmalononitrile (CS).

The Following Strength of Pepper Spray Are Allowed:

  1. Concentration of OC of not less than 5% and not exceeding 10% or not exceeding 5,000,000 Scoville Heat Units (SHUs).
  2. Concentration of MC of not less than 0.8 % and not exceeding 1.4% or not exceeding 5,000,000 Scoville Heat Units (SHUs).

The Following Volumetric Content per Canister of Pepper Spray Are Allowed:

  1. Not less than 2 ounces (60 ml) and not exceeding 5 ounces (150 ml).
  2. Not less than 2 ounces (60 ml) and not exceeding 5 ounces (150 ml).

Who can apply for a Pepper Spray Permit?

  1. All persons who are eighteen years and over may apply for a Pepper Spray Permit, except those who are charged or convicted with any offence under Schedule II of the Firearms (Amendment) Act 2021, Part II of the Bail Act or any offence under the Domestic Violence Act.
  2. A child who is sixteen or seventeen years of age can be issued with a pepper spray permit once the parent, guardian or person with responsibility for the child gives written permission for the child to be in possession of pepper spray.

For how long are the Pepper Spray Permits Valid?
The Pepper Spray Permit is valid for three years and may be renewed, no more than three months after the date of expiration of the permit, by submitting the appropriate application to the Commissioner of Police or an authorized officer.
The Pepper Spray Import Permit is valid for five years.
The Pepper Spray Retailer Permit is also valid for five years.


Being charged or convicted with which offences would prevent a person from applying for a Pepper Spray Import Permit or a Pepper Spray Permit?
Amongst others, murder, treason, shooting or wounding with intent, inflicting injury with or without a weapon, burglary, forcible entry, kidnapping, trafficking in persons/children, sexual offences (e.g., rape, grievous sexual assault and indecent assault), sexual offences against a child (e.g. grooming, child prostitution and child pornography), gang-related offences, possessing or trafficking in dangerous drugs (e.g. cannabis, opium and cocaine), illegal possession, manufacturing or trafficking in firearms, acts of terrorism and breach of a Court Order made under the Domestic Violence Act.

How Can I Apply for a Pepper Spray Import Permit?
A person or business entity desirous of obtaining a Pepper Spray Import Permit has to submit an application to the Commissioner of Police or a police officer authorized by him/her via the Application Form which can be found online at:

Pepper Spray Application

What are the different types and formats of Pepper Spray Permits?

  • Importer- applicant desirous of importing Pepper Spray
  • Retailer- applicant desirous of selling or distributing Pepper Spray
  • User- applicant desirous of purchasing, acquiring or having in his/her possession Pepper Spray

Can an importer also sell Pepper Spray?
Yes, an Importer can sell Pepper Spray.
Please note that Importers are also required to apply for a Retailer Permit.

What is the procedure to apply for a Pepper Spray Permit and Pepper Spray Import Permit?
A member of the public or a business entity shall make an application to the Commissioner of Police in order to apply for a Pepper Spray Permit on an approved Form, which is available on the TTPS website.

Is the Application Form available for download or available at any police station?
No, the application MUST be done electronically ONLY.

What is the cost of applying for a Pepper Spray Permit or Pepper Spray Import Permit?
The cost is of either permit is TT$100, which to be paid in cash at the police station where the applicant’s fingerprints are to be taken. There is no online facility to pay the fee.

What documents are required to be uploaded by prospective Importers and Retailers when completing the electronic Pepper Spray Permit application form?

  • A passport size photo with white background
  • Proof of address (utility bill or bank statement or other financial statement in your name) or authorisation letter from person whose name is on the bill
  • Two forms of National Identification
  • Proof of Registration of Business/Company; and
  • Proof of V.A.T/Tax Registration

Online Pepper Spray Application Procedure:

  1. The applicant (Importers, Retailers and Users) is required to visit the TTPS website.
  2. Select the ‘Services’ Tab on the Home Page > Select ‘Pepper Spray Application’ > Select ‘Pepper Spray Application’.
  3. The applicant is required to complete the online application form in its entirety.
  4. The completed application form, which is generated as a PDF document, must be downloaded, printed on letter sized paper and taken to a Police Station convenient to the applicant for his/her fingerprints impression to be taken.
  5. The applicant is required to pay the processing fee of TT$100 for the Pepper Spray Permit at the selected Police Station.
  6. The applicant is also required to present a valid form of National Identification (preferably one of those used in online application form).
  7. At the Police Station, an officer will examine the ID information to ensure it corroborates what is stated on the application form.
  8. Upon payment, the finger print impressions of the applicant are taken. This is done to determine if the applicant has any criminal record against him/her in accordance with the Firearms Act Chapter 16:01 as amended No. 7 of 2021.
  9. Upon completion, the officer will prepare a receipt for the payment of the permit by using the appropriate receipt book. The payment is recorded in one of two Pepper Spray Receipt Books: Pepper Spray Import Permit or Pepper Spray Permit Receipt.
  10. The original receipt is given to the applicant and the duplicate retained for the station records.
  11. The applicant has to upload the receipt to the TTPS website, under the ‘Pepper Spray Application Upload Receipt’ tab.
  12. Only when the receipt is uploaded electronically will the processing of the Pepper Spray Permit application be initiated.

How can I correct an error I made on the online application form before it was submitted?
There is no way to rectify the error. You will be required to resubmit the application form.

How long does it take to receive my permit(s)?
Approximately three to four weeks for User Applicants while Importer and Retailer Applicants will have to wait approximately eight weeks.

How will I be notified that your Pepper Spray Application was approved?
The applicant will be notified via phone call, email or in writing.

Can someone collect my Pepper Spray Permit on my behalf?
No, you are required to collect the Permit yourself.

What is the format of the Pepper Spray Permit?
The Permit is provided in hardcopy format.
 

Will I be able to reapply for a Pepper Spray Permit if I were unsuccessful?
Yes, a person who was unsuccessful in obtaining a Pepper Spray Permit you can reapply. The Firearms Act does not give a time-frame in which such application can be made.
Section 21A of the Firearms Act, Chapter 16:01 also provides an aggrieved applicant with a right to appeal to the Firearms Appeal Board pertaining to any licences, certificates and permits issued under this Act. To initiate this process, the applicant must be informed of the Commissioner’s decision in writing.

What are the next steps to be taken when an applicant receives their Pepper Spray Permit?
Importers- After the applicant obtains the permit, they may proceed to purchase the Pepper Spray from their respective supplier. A record is kept of the details of the supplier and the Pepper Spray stock which are imported.
Retailers- After obtaining the permit, the applicant can then proceed to either sell, distribute or purchase (as per permit) from any local authorised Importer or Retailer. In accordance with Section 26 of the Firearms Act Chapter 16:01, a record of all transactions relating to the business must be kept by the licensed dealer, inclusive of the details of the purchaser or supplier of the Pepper Spray, and the description of the Pepper Spray which was purchased and or sold.
Two Approval Letters are given to the User from the Firearm Permit Unit which give the individual permission to purchase a Pepper Spray canister. The Retailer is required to fill in the necessary information of the purchased Pepper Spray canister, as well as sign and stamp these forms. One Approval Letter is kept by the User/Buyer, while the other is returned to the Firearms Permit Unit by the Retailer. A Pepper Spray canister is to be sold ONLY to persons with a valid Pepper Spray Permit.
Users- Pepper Spray canisters should be purchased from approved Retailers ONLY. When purchasing a Pepper Spray canister, the User is required to present a valid form of National Identification, in addition to the two Approval Letters and the Pepper Spray Permit which was collected at the Firearms Unit. The relevant information is placed onto the Approval Letters by the Retailer, which is then stamped and signed. An Approval Letter is given to the applicant for safe-keeping.
Pepper Spray canisters are to be used ONLY for Self-Defence and should be stored away safely and out of the reach of children and unauthorised users.

What happens if a Pepper Spray Permit or Pepper Spray canister is lost or stolen?
Section 17B of the Firearm Regulation places a responsibility on the owner of the Pepper Spray Permit to report the stolen Pepper Spray canister to the nearest Police Station within 24 hours.
If a Pepper Spray canister is lost or stolen, Section 17A (3) of the Firearm Regulation gives authority for the holder of a valid Pepper Spray permit to purchase another canister of Pepper Spray.
If a Pepper Spray Permit is lost or stolen, and satisfactory proof that the permit was lost is provided, the owner can proceed to apply for a duplicate Pepper Spray Permit.
Section 17 B (1) (2) states this duplicate permit shall only be valid for the duration of the original Pepper Spray Permit.
Nothing in this Section gives authority for the purchase of another Pepper Spray canister.
 

What happens if a person is convicted of an offence after obtaining a Pepper Spray Permit?
Where a holder of a Pepper Spray Import Permit or Pepper Spray Permit is charged or convicted for any listed offence, he/she must return the Pepper Spray Import Permit or Pepper Spray Permit and Pepper Spray canister to the nearest police station within seven days of becoming a person prohibited from obtaining a Pepper Spray Import Permit or Pepper Spray Permit.
 

Offences and Penalties

  1. Any person who makes false statements on their application for a Pepper Spray Permit, commits an offence and is liable on conviction on indictment to a fine of seven hundred and fifty thousand dollars ($750,000) and imprisonment for fifteen (15) years.
  2. Any person who sells or transfers a Pepper Spray who does not hold a Pepper Spray Permit is liable on summary conviction to a fine of five hundred and fifty thousand dollars ($550,000) and imprisonment for five (5); or on conviction on indictment to a fine of seven hundred and fifty thousand dollars ($750,000) and imprisonment for (15) fifteen years.
  3. Any person who fails to return their Pepper Spray Import Permit or Pepper Spray Permit and pepper spray to a police station within seven (7) days after being convicted of an offence, commits an offence and is liable on summary conviction to a fine of two hundred and fifty thousand dollars ($250,000) and imprisonment for five (5) years; or conviction on indictment to a fine of seven hundred and fifty thousand dollars ($750,000) and imprisonment for fifteen (15) years.
  4. A person who uses pepper spray in the commission of a criminal offence is liable on summary conviction to a fine of two hundred and fifty thousand dollars ($250,000) and imprisonment for five (5) years; or conviction on indictment to a fine of seven hundred and fifty thousand dollars ($750,000) and imprisonment for fifteen (15) years.

 

Children, Pepper Spray Permits and Pepper Spray Canisters

Can a child carry Pepper Spray?
A child who is sixteen years of age and over can carry pepper spray once the parent, guardian or person with responsibility for the child gives written permission for the child to be in possession of pepper spray.
 

What is the responsibility of parents, guardians and others in contact with children who own Pepper Spray canister?
A person who holds a Pepper Spray Permit and has pepper spray in his possession must ensure that the canister is safely stored out of the reach of children, when not carrying the pepper spray canister on his person.

What happens if a child sixteen years of age and over commits a criminal offence with a Pepper Spray canister?
A 16-year-old or 17-year-old is of the age of criminal liability and will therefore be held responsible for any breach of the law, e.g., using pepper spray other than for self-defense.
 

Is there a list of authorised dealers for Pepper Spray canisters?
To date, these are the only authorised Pepper Spray Dealers in Trinidad and Tobago.

BUSINESS CONTACT NUMBER
Amalgamated Security Services Ltd. 626 - 2775
MH Tactical Response Group Ltd. 354 - 5076
AE Tactical 640 – 8403
Code Red Security Services Ltd. 235 – 4479

 

Are there any additional documents required by Importers and Retailers for completion of their Pepper Spray Application Process?
Yes, please be guided by the following events as part of the approval process:
An investigator from the Firearm Permit Unit will contact and arrange a site visit with an Importer or Retailer.
During this visit, the investigator will request further information and documentation, such as:

  • Two (2) passport sized photos of the applicant
  • A copy of the payment receipt
  • A copy of a picture of National Identification in favor of the applicant
  • A map (sketch or floor plan of building) and photographs of the business, both inside and outside
  • The structure and access points of the business, giving details on:
    • The method entry/exit (keyed or keyless entry).
    • The proposed location of where the pepper spray canisters are to be stored.
    •  Ventilation measures for the pepper spray canisters.
    •  Temperature control to maintain viability.
  • The name and address of the employees of the organization
    • Specify which employees would be involved in the sale of and who would have access to the canisters.
  • The security measures in place to secure the canisters
    • Provide information on who has access to the location e.g. land lord etc.
    • Employees with an emphasis on persons who can access the building outside of normal operating hours.
  • The proposed clientele of the business and an outline of the necessary checks and balances to ensure that the items are only sold to those persons
  • The proposed quality control measures to be implemented re:
    • A damaged canister
    •  A canister that was tampered with
    • Empty canisters returned to the retailer
  • The submission of any other pertinent documents to support the attached application
  • The applicant whose is applies for a Pepper Spray Permit for their personal use as a User, is not required to submit any additional documentation.

Should there be any discrepancies in the applications, the Pepper Spray Clerk will make contact with the applicant.

For more information, please email your queries to: PepperSprayAppInvestigators@ttps.gov.tt