Unlike other counties in the state, to legally own pepper spray on Kauaʻi, a resident needs a permit. A new bill at the Kauaʻi County Council seeks to change that.
The $5 permits issued through the Kauaʻi Police Department require an application, as well as mental health and criminal background checks.
Councilmembers KipuKai Kualiʻi and Addison Bulosan co-introduced the bill.
Kualiʻi said they were at a community meeting discussing the Missing and Murdered Indigenous Women report, when a community member spoke out.
The new bill repeals the existing obnoxious substance laws and would allow for the sale and possession of pepper spray in volumes of 2 ounces or less.
"The article also allows for the use of pepper spray for self-defense, defense, defense of others, and for the protection of property," Kualiʻi said.
The multi-step process has been a barrier for some people to get pepper spray on Kauaʻi. On Oʻahu, buying pepper spray is as easy as going to a security supply store and purchasing it over the counter.
"This is long overdue. You know, this bill as the ordinance was passed many, many, many, many years ago, before we even had pepper spray, we had the old chemical mace," Council Chair Mel Rapozo said.
Rapozo, a former police officer and private investigator, said he has seen times the delayed permit could impact the safety of an individual. In some cases, it may have even been quicker to file for a temporary restraining order.
"If the incident occurred on the evening of Friday or throughout the weekend, you would not be able to get a permit to acquire the pepper spray," Rapozo said.
The ramifications of the existing law have affected private businesses from selling pepper spray.
"No one would sell it because there was no market for it, so with this bill, should it pass, everyone, every adult will have access and I would assume that a lot of our stores now will start to carry it where there will be absolutely no delay," Rapozo said.
Councilmember Felicia Cowden, who chairs the council's public safety committee, said she had asked for a similar bill when she was first elected, but wasn't able to get it off the ground.
The bill will be up for second and final reading at Wednesday’s Kauaʻi Council meeting.
