Chat & Social > The Bar - General Chat
Locking blade leatherman etc...illegal??
jaws:
yeah look at the great big axe tyke has in the back of his motor!
Lee_D:
Ok ok ,
If you carry a locking knife IN PUBLIC you have to be able to justify that possesion. Examples such as gutting Rabbits WHEN I go hunting aren't a suitable reason... IF you are on your way hunting or on your way back the COURT may (not will) afford you this defence.
Other examples, A joiner with a Knife in his arse pocket whilst sat in the pub on the way home UNLAWFUL even if no intent to do harm or otherwise. It's the POSSESION that is unlawful.
Now that aside.
Pointed and Bladed articles is a different bag of spanners altogether, (forget knives for a moment)... think Friday night on the town. Outside the pub i the beer garden with a glass ... no problem... smash it to do someones face some damage... POINTED or Bladed articles kicks in. Now think Screwdrivers, Stanley knife blade taped to a toothbrush, you get my drift (Bladed but not overed by off weapon legislation hence the new offences of POINTED and BLADED articles in addition to Offensive weapons (Which cover your knives of 3 inches and greater, lock knives , Gravity knives, butterfly etc etc etc...
There is no contradiction, simply that both bits of legislation are designed to cover different situations. Thankfully most bobbies / CPS / Courts will apply common sense however if you happen to be in the local "hood" and get nicked then as they say "You pay your money , you take your chance"
Done my Insp Exams 9 days ago :wink: DON'T shoot the messenger!
Terminus:
--- Quote from: "Jonboy" ---The're making it up as they go along. If it was in its holder then it is not an offensive weapon and, if it was strapped to your belt then it wasn't a conceled weapon. The law only applies to locking blades that are gravity opened or spring opening i.e. flick knife.
--- End quote ---
No they're not the legislation relating to offensive weapons and bladed articles isn't really all that new and it applies to the possesion of a bladed article (except a pocket knife which is not exceeding 3 inches) or any blade which locks - when in a public place - now technically if it's in your car for use in fishing, farmers or mountaineering or other such activities (genuine cases) then you shouldn't fall foul of the law.
Carrying such an item around in public is an offence.
As for the above comments on it being strapped to your belt etc or in its holder - not correct I'm afraid - there is a legal defence to having such an item (e.g a stanley knife) which is that it is for bona fide purposes in relation to your work, e.g a carpet fitter wouldn't get charged or the knife confiscated if he was carrying one within his working hours
But if it was outwith working hours and he was carrying it he commits an offence.
Couple of quick definitions for you:
Section 49(1) Criminal Law Consolidation (scotland) Act 1995 states-
It is an offence to have in public place a bladed or sharply pointed article.
(Law in England and Wales follows the same drift)
A bladed article is any article having a blade, however a folding pocket knife with a cutting edge not exceeding 3 inches is exempt.... if the knife, although capable of being folded into its handle, locks in the open position, it is not a folding pocket knife and is therefore not exempt.
Section 47 covers offensive weapons and states
Any person who without lawful authority or reasonable excuse, the proof whereof shall lie on him, has with him in a public place, ANY offensive weapon commits an offense.
The reasonable excuse being like the carpenter example above and it is up to you to prove this.
Moneypit:
So having a knife/bladed implement, longer than 3 inches if folding, with no justifiable excusein a public place is an offence.
Having the above in a private place is not an offence, which is why we are allowed to buy them.
Am I right so far?
Questions:
1. How do you get it home from the shop?
2. Is your vehicle classed as a private place? It is privately owned and the general public does not have the right to access it without express permission.
First answer I presume the justification is I have just bought it and am taking it home.
The second one is relevant as I carry both a hand axe and a machete in Moneypit. Both at the bottom of the side bins with lot's of stuff on top of them, for camping (chopping firewood etc) or clearing bushes away etc.
If needs be I shall have to remove them and then remember to put them in each time I am going to do something relevant, except of course the time that I realy need them when they will be sat on top of the wardrobe in my bedroom!
Lee_D:
--- Quote from: "Moneypit" ---Am I right so far?
--- End quote ---
Pretty much
--- Quote from: "Moneypit" ---
Questions:
1. How do you get it home from the shop?
2. Is your vehicle classed as a private place? It is privately owned and the general public does not have the right to access it without express permission.
First answer I presume the justification is I have just bought it and am taking it home.
The second one is relevant as I carry both a hand axe and a machete in Moneypit. Both at the bottom of the side bins with lot's of stuff on top of them, for camping (chopping firewood etc) or clearing bushes away etc.
If needs be I shall have to remove them and then remember to put them in each time I am going to do something relevant, except of course the time that I realy need them when they will be sat on top of the wardrobe in my bedroom!
--- End quote ---
Bingo! :)
The law is, as they say an Ass.
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