Strictly on the Edge: Why A Fisherman Carries A Knife

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  4. Knives, offensive weapons and the law | nidirect

However, since any knife could be used a melee weapon and the law doesn't differentiate between particular types it is up to the authorities to determine the intent of the individual in possession of the knife and whether there is a "good reason" to do so. Thus fixed blade knives are considered appropriate for particular professions or when hunting and fishing, but will likely be treated as a weapon in an urban environment.

Switchblades, butterfly knives, blades concealed in everyday objects are usually treated as weapons and assisted opening knives may also fall into that category. The appearance of the knife how aggressive it appears , the length although there is no legal limit on length , the location where it was carried large gatherings, schools, public buildings etc. Purchase, possession and carry of a melee weapon is classified as a misdemeanor, subject to a fine of up to RSD or up to 60 days imprisonment "Weapons and Munitions law", article Carrying a knife in Slovakia is not explicitly prohibited nor are there any prohibited types of knives.

It is up to the individual assessment of any single situation by a policeman whether carrying of such a weapon can lead to violence. This offense can be penalized with maximum EUR. An example of such a situation is visibly carrying of a knife in crowded public places, public meetings, etc. In Spain there are stringent laws proscribing the carrying of armas blancas , or fighting knives, and prohibiting the manufacture, sale, possession or use of certain knives classified as prohibited weapons.

Civilians are prohibited from possessing knives, machetes, and other bladed weapons officially issued to the police, military, and other official authorities without a special license. Swedish law prohibits the carrying of knives in public areas, including schools and vehicles at these areas, if the carrier intends to use the knife as a weapon in the commission of a crime. Examples of legitimate purposes include artisans who use a knife at work, soldiers in uniform carrying a knife, or normal use of a pocket knife. The same law also regulates some other objects that are made to thrust, cut, or that are otherwise intended for crime against life and health.

Furthermore, objects that are "particularly" intended for crime against life and health, such as switchblades , shurikens and brass knuckles , are not permitted to be given or sold to anyone under the age of The Bill of Rights ensured that only Parliament and not the King could restrict the right of the people to bear arms. Over the last 60 years, Parliament has enacted a series of increasingly restrictive laws and acts regarding the possession and use of knives and bladed tools. Ambulance service data gathered in suggests a slow increase in knife crime incidents in the UK although the overall rate remains low.

Subsection 2 also makes it illegal to import knives of this type as of 13 June It is therefore not illegal per se to merely possess such a knife, though the difficulties of acquiring one without violating the statute makes it almost impossible to obtain one without either committing or abetting an offence. The above legislation does not apply to assisted-opening knifes a. Firstly, they do not open 'automatically' as they are opened by hand manually and then continue themselves.

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Secondly, the pressure is applied to a notch in the blade itself, not to a "button, spring or other device in or attached to the handle". As of April , the Home Office have made proposals to update the Criminal Justice Act to add assisted-opening knives to the increasing list of prohibited items under this act. The Criminal Justice Act mainly relates to carrying knives in public places , Section being the most important:. The definition of "public place" is defined in Section 7 Criminal Justice Act as: This can be loosely defined as anywhere the public have a legitimate right to be whether this access is paid for or not, which could include any populated area within the England and Wales, including one's motor vehicle, which is defined by law as a 'public place' unless parked on private property.

A public place could include: Non-public places would be a person's residence, the area behind a counter in a shop, a locked building site, etc.


The phrase "good reason or lawful authority" in Subsection 4 is intended to allow for "common sense" possession of knives, so that it is legal to carry a knife if there is a bona fide reason to do so. Subsection 5 gives some specific examples of bona fide reasons: However, even these specific statutory exceptions have proven unavailing to knife owners at times.

Although English law insists that it is the responsibility of the prosecution to provide evidence proving a crime has been committed, an individual must provide evidence to prove that they had a "good reason or lawful authority" for carrying a knife if this is the case upon being detained.

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While this may appear to be a reversal of the usual burden of proof, technically the prosecution has already proven the case prima facie by establishing that a knife was being carried in a public place see Violent Crime Reduction Act on Knives, etc. As the burden of proving "good reason or lawful authority" lies with the defendant, it is likely that an individual detained and searched by the police will need to prove the following sometimes known as the THIS list: The special exception which exists in the Criminal Justice Act Sec.

The wording of the Criminal Justice Act does not mention locking and so the definition of "folding pocket knife" was settled through case law. In the Crown Court appeal of Harris v. Deegan could be overturned is by a dissenting ruling by the Supreme Court or by Act of Parliament. The Criminal Justice Act Offensive Weapons Exemption Order [64] states restrictions to sales of knives to those under 16 does not apply to:. In Scotland, the Violent Crime Reduction Act makes it an offence to sell knives to someone under 18 years of age including any blade, razor blade, any bladed or pointed article, or any item made or adapted for causing personal injury.

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The Knives Act prohibits the sale of combat knives and restricts the marketing of knives as offensive weapons. The Prevention of Crime Act prohibits the possession in any public place of an offensive weapon without lawful authority or reasonable excuse. Under the Prevention of Crime Act, otherwise 'exempt' knives carried for "good reason or lawful authority" may be still deemed illegal if authorities conclude the knife is being carried as an "offensive weapon". In recent years, the Prevention of Crime Act has been reinterpreted by police and public prosecutors, who have persuaded the courts to minimize exceptions to prosecution on the grounds that the defendant had "lawful authority or reasonable excuse" in order to apply the Act to a wide variety of cases.

In addition, the Knives Act now prohibits the sale of combat knives and restricts the marketing of knives as offensive weapons. A knife which is marketed as "tactical", "military", "special ops", etc. In May Judge Nic Madge, as part of his during his retirement ceremony at Luton Crown Court , suggested introducing a scheme whereby members of the public could get their kitchen knives modified to be less dangerous. This opinion is essentially null and void as case law in stated that even a butter knife can be classed as a bladed article in a public place. In Scotland, the Criminal Law Consolidation Scotland Act prevents the carrying of offensive weapons as well as pointed or bladed articles in a public place without lawful authority or reasonable excuse.

Defences exist to a charge of possessing a bladed or pointed article in a public place when carried for use at work, as part of a national costume or for religious reasons. As in England and Wales, an exception is allowed for folding pocket knives which have a blade of less than 3 Inches 7. Other relevant Scotland knife legislation includes the Criminal Justice Act Offensive Weapons Act Scotland Order [72] , which bans sword canes , push daggers , butterfly balisong knives , throwing stars , knives that can defeat metal detectors, and knives disguised as other objects, and the Police, Public Order and Criminal Justice Scotland Act , which makes it an offence to sell a knife, knife blade, or bladed or pointed object to a person under eighteen years of age, unless the person is sixteen or older and the knife or blade is "designed for domestic use.

Under the Custodial Sentences and Weapons Scotland Act in force since 10 September , the Civic Government Scotland Act was amended and it was made compulsory to possess a local authority licence to sell knives, swords and blades other than those designed for 'domestic use' , or to sell any sharply pointed or bladed object "which is made or adapted for use for causing injury to the person.

The laws restricting knife ownership, use, possession and sale are nearly identical to the laws of Scotland and the rest of the UK, though contained in different acts. Under the Switchblade Knife Act of amended , codified at 15 U. Occasional disputes over what constitutes a switchblade knife under federal law has occasionally resulted in U. Customs seizures of knives from U. Amendment to the Switchblade Knife Act 15 U.

Each American state also has laws that govern the legality of carrying weapons, either concealed or openly, and these laws explicitly or implicitly cover various types of knives. Some states go beyond this, and criminalize mere possession of certain types of knives. The origin of many knife laws, particularly in the southern states, comes from attempts by early state legislatures to curtail the practice of knife fighting and dueling with large knives such as the bowie knife, which was commonly carried as an item of personal defense prior to the invention of the revolver.

After the Civil War, many restrictions on knife and even gun ownership were imposed by state, county, and city laws and ordinances that were clearly based on fear of weapon possession by certain racial groups, particularly African-American and Hispanic Americans. Any person carrying on or about his person, saddle, or in his saddle-bags, any pistol, dirk, dagger, sling-shot, sword-cane, spear, brass knuckles, bowie knife, or any other kind of knife, manufactured or sold, for the purpose of offense or defense, unless he has reasonable grounds for fearing an unlawful attack on his person, and that such ground of attack shall be immediate and pressing; or unless having or carrying the same on or about his person for the lawful defense of the State, as a militiaman in actual service, or as a peace officer or policeman, shall be guilty of a misdemeanor While most gun restrictions were eventually repealed, many knife laws remained in effect in the South.

In Texas, this was largely explained by the presence of large numbers of Tejanos. Many of today's state criminal codes restricting knife use and ownership have been amended repeatedly over the years rather than rewritten to remove old classifications and definitions that are largely a historical legacy, a process that frequently results in illogical, confusing, and even conflicting provisions. Thus in Arkansas, a state in which knife fights using large, lengthy blades such as the Bowie and Arkansas Toothpick were once commonplace, [86] [] a state statute made it illegal for someone to "carry a knife as a weapon", [] specifying that any knife with a blade 3.

While Arkansas eventually repealed its archaic criminal knife possession law in its entirety, [] other states still periodically amend archaic criminal codes that penalize both historic and present-day behavior involving knife use and ownership; these patchwork statutes can result in lengthy legal disputes over legislative intent and definitions. Some states prohibit the possession of a folding knife with a quick-opening mechanism such as a gravity knife , butterfly knife , balisong , or switchblade. The continual advent of new knife designs, such as assisted-opening knives can complicate issues of legality, particularly when state laws have not been carefully drafted to clearly define the new design and how it is to be classified within existing law.

This omission has led in the past to cases in which state courts have substituted their own understanding of knife design to interpret legislative intent when applying statutes criminalizing certain types of knives. In , attention was brought by many newspapers and media outlets to s era legislation leading to many arrests and convictions for possession of the loosely defined gravity knife.

Boston has a similar law as Cleveland — any blade longer than 2. Small knife retailers must get a city license. Knives with blades 2. However, you are allowed to carry a fixed blade with a blade length of up to 5. This Maryland city is by no means one of the most populous, but it is a popular destination spot for vacationers. Assisted opening knives are illegal to possess and dispose of. Fighting knives are also illegal, but the definition of a fighting knife is not clearly laid out so any knife with serrations could qualify. All knives are illegal to carry in public except when actually being used on the job.

Knives that can be flicked open with the wrist are illegal, but the real issue is that law enforcement has often made that definition much broader than it was probably intended. The majority of pocketknives can be opened with the flick of a wrist, and it really depends on how officers feel and interpret the law that day.

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Knife News , Legal Issues. December 2, at 4: Im not sure I am able to completely comprehend any of these laws. It is like the comparison between London and Washington, DC. A tale of two cities. The populations are about the same but in London, where there are strict gun laws, there are twice the number of violent crimes as in DC. I really dont see this happening in London or DC or any of the heretofore mentioned cities.

So then, what we have is an absolute exercise in futility. This is, of course, government at its best.

Knife legislation

December 12, at 6: In this time l have only managed to stab myself. To some of us aknife is thing of beaty and any law ridiculous as l could do more damage with a screwdriver and conceal my intention well Not that l would but it goes to show the ineffectiveness of any laws regarding knives. January 4, at 1: I am in Law Enforcement and Emergency Management and my knife is a life saver. February 16, at 9: The law explained it is illegal for anyone, including a shop, to sell a knife of any kind including cutlery and kitchen knives to anyone under the age of 18 it is illegal to carry a knife in public without good reason, unless it has a folding blade three inches 7.

The maximum penalty for carrying an offensive weapon is four years imprisonment and a fine.

Knives, offensive weapons and the law | nidirect

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