Is it illegal to carry an improvised pepper spray in the UK? Civilian possession of pepper spray is banned in the UK, due to its use in self-defence. There are, of course, many household items that can have a similar purpose. While not nearly as effective, no attacker wants a face full of deodorant or disinfectant spray. Is there a law against carrying items with an intent to use them in such a way?
Is there a law against carrying items with an intent to use them in such a way? england-and-wales Yes The offence is possession of an offence weapon in a public place contrary s.1 of the Prevention of Crime Act 1953 (1) Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in any public place any offensive weapon shall be guilty of an offence, and shall be liable— (a) on summary conviction, to imprisonment for a term not exceeding six months or a fine not exceeding £200, or both; (b) on conviction on indictment, to imprisonment for a term not exceeding four years or a fine not exceeding one hundred pounds, or both. “offensive weapon” means any article made or adapted for use for causing injury to the person, or intended by the person having it with him for such use by him or by some other person. There are similar provisions (with subtle differences) in scotland and northern-ireland at s.47 of the Criminal Law (Consolidation) (Scotland) Act 1995 and s.93 of the Justice Act (Northern Ireland) 2011 respectively.
Engaging in unlawful conduct does not completely preclude a claim of self-defense under Wisconsin law ...but it does raise the bar in some circumstances: Criminal conduct by the defendant removes the presumption that &quot;force was necessary to prevent imminent death or great bodily harm&quot; when defending against unlawful forced entry to one's own property. A much higher burden on use of force is imposed if engaging in unlawful conduct that is &quot;of a type likely to provoke others to attack him or her and thereby does provoke an attack.&quot; Anyone intentionally provoking an attack by any means, lawful or unlawful, &quot;with intent to use such an attack as an excuse to cause death or great bodily harm to his or her assailant,&quot; is not entitled to self-defense at all. Section 939.48 of Wisconsin law governs the standards for self-defense. 939.48(1) sets out the general standard: A person is privileged to threaten or intentionally use force against another for the purpose of preventing or terminating what the person reasonably believes to be an unlawful interference with his or her person by such other person. The actor may intentionally use only such force or threat thereof as the actor reasonably believes is necessary to prevent or terminate the interference. The actor may not intentionally use force which is intended or likely to cause death or great bodily harm unless the actor reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself. 939.48(1m)(ar) provides presumptions in favor of the defendant and no duty to retreat when defending against unlawful entry to one's own property (an implementation of the castle doctrine), but those presumptions are removed by 939.48(1m)(b)1. if (among other things), &quot;[t]he actor was engaged in a criminal activity.&quot; More relevant to a case that occurred outside is 939.48(2), which lays out how provocation affects a claim of self-defense: (a) A person who engages in unlawful conduct of a type likely to provoke others to attack him or her and thereby does provoke an attack is not entitled to claim the privilege of self-defense against such attack, except when the attack which ensues is of a type causing the person engaging in the unlawful conduct to reasonably believe that he or she is in imminent danger of death or great bodily harm. In such a case, the person engaging in the unlawful conduct is privileged to act in self-defense, but the person is not privileged to resort to the use of force intended or likely to cause death to the person's assailant unless the person reasonably believes he or she has exhausted every other reasonable means to escape from or otherwise avoid death or great bodily harm at the hands of his or her assailant. (b) The privilege lost by provocation may be regained if the actor in good faith withdraws from the fight and gives adequate notice thereof to his or her assailant. (c) A person who provokes an attack, whether by lawful or unlawful conduct, with intent to use such an attack as an excuse to cause death or great bodily harm to his or her assailant is not entitled to claim the privilege of self-defense.
At common law and in the majority rule in U.S. law, the obligation one owes to a trespasser or thief is to refrain from setting deadly traps. In this case, where the product is not inherently dangerous, it probably wouldn't count as a deadly trap, but best practices would be to post a conspicuous sign along the lines of &quot;warning: consumption of these peppers could cause deadly health complications&quot; near the peppers and to document (e.g. with a dated photograph) that this was done. The bigger liability would not be to a trespasser, but to someone in the next plot over which accidentally mistakes a ghost pepper for the cool Bell pepper that they put in their own plot, especially if the harm if foreseeable because the person planting the hot pepper knows that a frail elderly person with poor vision maintains the next plot over and grows similar looking peppers.
Tow truck drivers in general might be allowed to carry firearms if they have a concealed weapons license, but the shooter in the case at hand wasn't merely a tow truck driver. He was actually repossessing a car, and therefore under Florida Statutes 493.6101(21) he was acting as a recovery agent. Under 493.6401 he was therefore required to hold a Class &quot;R&quot; recovery agent license. And under 493.6118(1)(x)(9), Class &quot;R&quot; license holders are prohibited from: Carrying any weapon or firearm when he or she is on private property and performing duties under his or her license whether or not he or she is licensed pursuant to s. 790.06. The story says that the car was in a driveway, so it sounds like he was on private property. This would be grounds for discipline under 493.6118(2), up to and including revocation of his license. It could be that criminal penalties also apply, but I have not found them so far.
Since there are cases where it is legal to break into a car, is it legal to publish a guide on how to break into a car online? It is legal to publish this guide. Indeed, it is legal to do so even if there are no cases where it is legal to do so. Does it need to have a disclaimer saying to comply with all applicable laws? No. Could the author be held responsible if someone uses the instructions to illegally break into a car? Generally not. I could imagine that there might be some very specific and exceptional fact pattern where it might, but that would be the rare exception. But see man sentenced to twenty-years in prison after pledging support to ISIS and uploading a bomb making video related to that pledge.
Edits added below to outline Florida's laws based on OP's comment Jurisdiction does matter but here is a general answer regarding "stand your ground" laws. States that have so-called "stand your ground laws" each have their own language concerning the law. "Stand your ground laws" are often misunderstood but, generally, just mean that a person has no duty to retreat when using deadly physical force for purposes of self-defense or the defense of others. Your examples are more akin to "castle doctrine" laws which I touch on below. Note that all of these laws vary by jurisdiction. I've provided partial examples from Arizona, New York and California. Using deadly physical force for purposes of self-defense or defense of others is complex law and even a complete example from any particular jurisdiction will not be able to cover all circumstances. Each case will be determined by a judge or jury based on the facts of that particular case. Arizona's "stand your ground" statute, as an example, states: B. A person has no duty to retreat before threatening or using deadly physical force pursuant to this section if the person is in a place where the person may legally be and is not engaged in an unlawful act. "Stand your ground" simply means that a person doesn't have to first attempt to retreat before resorting to the use of deadly force. Arizona's statute regarding justification for self-defense states (emphasis mine): A. Except as provided in subsection B of this section, a person is justified in threatening or using physical force against another when and to the extent a reasonable person would believe that physical force is immediately necessary to protect himself against the other's use or attempted use of unlawful physical force. B. The threat or use of physical force against another is not justified: In response to verbal provocation alone; or To resist an arrest that the person knows or should know is being made by a peace officer or by a person acting in a peace officer's presence and at his direction, whether the arrest is lawful or unlawful, unless the physical force used by the peace officer exceeds that allowed by law; or If the person provoked the other's use or attempted use of unlawful physical force, unless: (a) The person withdraws from the encounter or clearly communicates to the other his intent to do so reasonably believing he cannot safely withdraw from the encounter; and (b) The other nevertheless continues or attempts to use unlawful physical force against the person. Note the phrase, "extent a reasonable person." This means that the actions of a person using deadly force will be measured against what a "reasonable person" would do in similar circumstances. Some states have a duty to retreat, particularly when in a public place, before using deadly force. New York, as an example, has a "duty to retreat" before using deadly force except in specific circumstances (emphasis mine): A person may not use deadly physical force upon another person under circumstances specified in subdivision one unless: (a) The actor reasonably believes that such other person is using or about to use deadly physical force. Even in such case, however, the actor may not use deadly physical force if he or she knows that with complete personal safety, to oneself and others he or she may avoid the necessity of so doing by retreating; except that the actor is under no duty to retreat if he or she is: (i) in his or her dwelling and not the initial aggressor; or (ii) a police officer or peace officer or a person assisting a police officer or a peace officer at the latter`s direction, acting pursuant to section 35.30; or (b) He or she reasonably believes that such other person is committing or attempting to commit a kidnapping, forcible rape, forcible criminal sexual act or robbery; or (c) He or she reasonably believes that such other person is committing or attempting to commit a burglary, and the circumstances are such that the use of deadly physical force is authorized by subdivision three of section 35.20. Castle Doctrine Laws typically refer to what one may do in their own home when it comes to the use of deadly force. Some states have extended the "castle doctrine" to include personal automobiles as well. California's "castle doctrine" statute, as an example, states that if one is in their own home and someone "unlawfully and forcibly" enters the home one can presume that the person in his or her residence "held a reasonable fear of imminent peril of death or great bodily injury": Any person using force intended or likely to cause death or great bodily injury within his or her residence shall be presumed to have held a reasonable fear of imminent peril of death or great bodily injury to self, family, or a member of the household when that force is used against another person, not a member of the family or household, who unlawfully and forcibly enters or has unlawfully and forcibly entered the residence and the person using the force knew or had reason to believe that an unlawful and forcible entry occurred. As used in this section, great bodily injury means a significant or substantial physical injury. In California's statute both the resident and the person using force to gain entry have to know or have reason to believe that an unlawful and forcible entry occurred. If a person simply entered an unlocked home then the resident would have to have some other reasonable reason to believe that they were in imminent peril of death or great bodily injury. Wikipedia has a reasonable entry on the adoption of "stand your ground" and "castle doctrine" statutes and gives a state-by-state breakdown of both. Note that these laws have seen a lot of change recently and any particular entry for a state may not be accurate. Florida's self-defense laws Florida's "Use or threatened use of force in defense of person" states: 776.012 Use or threatened use of force in defense of person.— (1) A person is justified in using or threatening to use force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force. (2) A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony. A person who uses or threatens to use deadly force in accordance with this subsection does not have a duty to retreat and has the right to stand his or her ground if the person using or threatening to use the deadly force is not engaged in a criminal activity and is in a place where he or she has a right to be. Florida outlines the cases where use, or threatened use, of force is justified. Notice that in the law Florida specifically states that the person threatened does not have a duty to retreat. Florida also specifically states that a person has a "right to stand his or her ground" if the person is in a place where he or she has a right to be and is not engaged in criminal activity. Florida statute also specifically outlines the right to use self-defense within one's home and vehicle. Florida has a "castle doctrine" similar to what was outlined above and similar in nature to New York's and California's laws: The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; Florida has a longer list of exemptions related to who may have used force to enter a home including ownership interest in the property or vehicle, children and grandchildren, the person who engaged defensive force was involved in criminal activity and law enforcement officers. Florida's Justifiable Use Of Force is chapter 776 discusses when force can be used. There was an attempt by the Florida legislature in 2019 to change the standard by which use of force could be justified from "reasonably believes" force is necessary to "a reasonably cautious and prudent person in the same circumstances would objectively believe" force was necessary. The bill was withdrawn in May, 2019.
No they didn't break any British traffic regulations. As can be seen in the video, the road is closed to regular traffic. This is done by British police motorcycles according to British traffic laws. On this temporarily closed road regular traffic regulations no longer apply. Bidens motorcade can use whatever light they feel like. This is the same principle that happens in say a political demonstration. Police block the road for regular traffic. Afterwards trucks with all kinds of decorations are allowed to drive inside a crowd of walking people. This would not be legal according to British traffic regulations but it is fine in this situation because the road is blocked for regular traffic.
Arizona does not license chemists, though they do license pharmacists. There is a law against possession of drug paraphernalia, violation of which is a felony. The law also says In determining whether an object is drug paraphernalia, a court or other authority shall consider, in addition to all other logically relevant factors, the following: Statements by an owner or by anyone in control of the object concerning its use. Prior convictions, if any, of an owner, or of anyone in control of the object, under any state or federal law relating to any drug. The proximity of the object, in time and space, to a direct violation of this chapter. The proximity of the object to drugs. The existence of any residue of drugs on the object. Direct or circumstantial evidence of the intent of an owner, or of anyone in control of the object, to deliver it to persons whom he knows, or should reasonably know, intend to use the object to facilitate a violation of this chapter. Instructions, oral or written, provided with the object concerning its use. Descriptive materials accompanying the object which explain or depict its use. National and local advertising concerning its use. The manner in which the object is displayed for sale. Whether the owner, or anyone in control of the object, is a legitimate supplier of like or related items to the community, such as a licensed distributor or dealer of tobacco products. Direct or circumstantial evidence of the ratio of sales of the object to the total sales of the business enterprise. The existence and scope of legitimate uses for the object in the community. Expert testimony concerning its use. The size of your equipment would be relevant in defending against such a charge; your publications in the field of chemistry would be relevant. The burden of proof is on the prosecution to show that you were using the glassware to make drugs. Paraphernalia is defined as all equipment, products and materials of any kind which are used, intended for use or designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling or otherwise introducing into the human body a drug in violation of this chapter. so a garden shovel can be used to grow marijuana, but that is not enough. The prosecution has to prove that the items "are used, intended for use or designed for use" in drug making – not just that they could be so used.