Knife legislation
Encyclopedia
Knife legislation is defined as the body
of statutory law
and/or case law
promulgated or enacted by a government
or other governing jurisdiction that prohibits, criminalizes, or restricts the otherwise legal manufacture, importation, sale, transfer, possession, transport, and/or use of knives.
The carrying of knives in public is forbidden or restricted by law in many countries. Exceptions may be made for hunting
knives, pocket knives, and knives used for work-related purposes (chef's knives, etc.), depending upon the laws of a given jurisdiction. In turn, the carrying or possessing of certain type of knives perceived as deadly or offensive weapons such as automatic or switchblade
knives or butterfly knives (Balisongs) may be restricted or prohibited. Even where knives may be legally carried on the person generally, this right may not extend to all places and circumstances, and knives of any description may be prohibited at airports, schools, public buildings or courthouses, or at public events.
no knife may be taken into a public building or school, nor may it be carried while at a public event such as a sports game or concert without permission of the event host.
The Austrian Arms Act (Waffengesetz 1996), Section § 17. (1) prohibits the ownership or carrying of 'weapons' that are disguised as another object or as an object of common use, for example sword canes and knives disguised as ink pens or belt buckles. The law further provides that knives which are purposely designed as weapons for use against human beings (for example, knives with thrusting-type blades such as daggers or stilettos, or military combat arms such as combat knives
or bayonet
s) are either prohibited or require a special license. There are no restrictions or prohibitions based on blade length, and automatic opening knives (switchblade
s), OTF automatic knives
, balisong
s, and gravity knives
are specifically permitted under the Arms Act.
. Section 84(1) defines such knives as "a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife". By law, only those who have been granted exemption by the Royal Canadian Mounted Police
via the Canadian Firearms Program are allowed to possess (but not acquire) prohibited weapons.
If one is found to be in unauthorized possession of prohibited weapon by any law enforcement officer, he or she is liable to maximum of 5 years in jail and the weapon being seized. The peace officer can then apply to a provincial court judge for the said weapon to be forfeited and be disposed as he or she sees fit. The import and export of such devices are also strictly regulated and enforced by the Canada Border Services Agency
.
Examples of such knives include:
One-handed opening knives have been designated as legal to import by Canada Border Services as long as they don't fall into one of the prohibited categories.
There is no length restriction on carrying knives within the Criminal Code of Canada; the only restriction is for concealed carry.
, China is beginning to restrict "dangerous knives", requiring that purchasers register with the government when purchasing these knives. Included in the new restrictions are knives with "blood grooves"
, lockblade knives, knives with blades measuring over 22 cm (8.6 in) in length, and knives with blades over 15 cm in length also having a point angle of less than 60 degrees. As of January 2011, according to an authorized Leatherman dealer in Beijing all knives with a locking blade are illegal unless they are part of a larger multi-tool like a leatherman. However, many people still carry locking pocket knives especially when camping with no issues. He suggested carrying locking knives in checked luggage on airplanes, and on your person in trains and subways since they could be confiscated if found in a bag. Foreigners are generally given a bit more leeway in China so if a traveler is caught with a small knife there will probably be no prosecution and at most confiscation.
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 harsher laws and acts regarding the possession and use of knives and bladed tools. Currently, the United Kingdom (to include England, Scotland, Wales, and Northern Ireland) has the most restrictive set of laws of any developed nation governing an individual's right to import, purchase, possess, sell, and carry knives.
Any person who manufactures, sells or hires or offers for sale or hire, or exposes or has in his possession for the purpose of sale or hire or lends or gives to any other person—
Subsection 2 also makes it illegal to import knives of this type as of 13 June 1959. The above legislation criminalizes the conduct of the original owner or transferor of an automatic-opening or gravity knife, not the new owner or transferee; in addition, the statute does not criminalize possession of such knives other than possession for the purpose of sale or hire. 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 definition of "public place" is unsettled, but can loosely be 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 United Kingdom, including one's motor vehicle, which is defined by law as a 'public place' unless parked on private property. In a remote or otherwise unpopulated area, a public place could include: 1) an organised wilderness gathering or event; 2) a National Park; 3) Forestry Commission land that is held open to the public; 4) public footpaths; 5)bridleways; and 6) any area where an individual does not need to ask specific permission to walk, camp, or travel from a landowner.
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: a knife for use at work (e.g. a chef's knife), as part of a national costume (e.g. a sgian dubh
for the Scottish national costume
), or for religious reasons (e.g. a Sikh
Kirpan
). However, even these specific statutory exceptions have proven unavailing to knife owners at times. It is important to note that that "good reason or lawful authority" exceptions may be difficult to establish for those not using a knife in the course of their trade or profession, but merely because the knife is needed in case of emergency or for occasional utility use. A person on holiday and traveling by motor vehicle in the UK might well be obliged to purchase a knife at their destination, rather than risk prosecution if one is found by the police during a routine traffic stop or checkpoint.
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. 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 2006 on Knives, etc.; New powers to tackle gun and knife crime)
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): Has THIS person got permission; to use THIS article (knife); for THIS use; on THIS land; and by THIS land owner.
The special exception which exists in the Criminal Justice Act 1988 (Sec. 139) for folding knives (pocket knives) is another "common sense" measure accepting that some small knives are carried for general utility; however, even a folding pocket knife or multi-tool equipped with a blade of less than 3 inches (76 mm) may still be considered an offensive weapon if it has a locking blade. It is a common belief that a folding pocket knife with a blade of 3 inches (76mm) or less must have a locking blade to be considered an offensive weapon, but the wording of the Criminal Justice Act does not mention locking and the matter becomes a question as to the definition of "folding pocket knife". In the Crown Court
appeal of Harris v. DPP (1992) and the Court of Appeal
case of R. v Deegan (1998) the ruling that 'folding' was intended to mean 'non-locking' was upheld. As the only higher court in England and Wales to the Court of Appeal is the Supreme Court, the only way the decision in R. v. Deegan could be overturned is by a dissenting ruling by the Supreme Court or by Act of Parliament
.
In Scotland, the Criminal Law (Consolidation) Act 1995 prevents the carrying of 'offensive weapons', including knives and other articles with blades or points in public places without lawful authority or reasonable excuse.
Other relevant Scotland knife legislation includes the Criminal Justice Act 1988 (Offensive Weapons Act) (Scotland), Order 2005 which bans sword canes, push dagger
s, 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 2006 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." In 2007, the passage of the Custodial Sentences and Weapons (Scotland) Act 2007 allowed exemption from criminal liability under section 141 of the Criminal Justice Act 1988 (Scotland) for selling a prohibited offensive weapon if the sale was made for purposes of theatrical performances and of rehearsals for such performances, the production of films (as defined in section 5B of the Copyright, Designs and Patents Act 1988 (c. 48)), or the production of television programmes (as defined in section 405(1) of the Communications Act 2003 (c. 21)).
with him on school premises shall be guilty of an offence. It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question. (Subsection 4 gives the same specific exceptions as subsection 139(5) with the addition of "for educational purposes". This would appear to imply that all legislation on knives in public applies similarly to school premises, and therefore a folding pocket knife under 3 inches (76mm) in length would be considered legal.)
The Offensive Weapons Act 1996 imposes an age restriction on the sale of knives: Any person who sells to a person under the age of sixteen years an article to which this section applies shall be guilty of an offence [...] Subject to subsection (3) below, this section applies to—
In Scotland, the Violent Crime Reduction Act 2006 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.)
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 1953 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. This new approach now includes prosecution of citizens who have admitted carrying a knife for the sole purpose of self-defence (in the eyes of the law, this is presently viewed as an admission that the defendant intends to use the knife as an "offensive weapon", albeit in a defensive manner, and in otherwise justifiable circumstances). While the onus lies on the officer to prove offensive intent, UK prosecutors and courts have in the past taken the appearance and the marketing of a particular brand of knife into account when considering whether an otherwise legal knife was being carried as an offensive weapon. In addition, the Knives Act 1997 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. could therefore carry an extra liability. Even when the knife in question appears relatively innocuous (blade length not exceeding three inches, non-locking blade), recent prosecutions in the UK have established that anyone carrying a knife in a public place is well advised to take steps to place the knife in question out of their immediate control, i.e. storing the knife when on foot or when using public transit in the bottom of a rucksack, not on the belt, in the pocket, or around the neck, and while traveling in a privately-owned motor vehicle, by placing the knife in locked storage in the vehicle boot, not in the glove compartment or in the seating area.
in London, aware of the steadily narrowing interpretation of what constitutes a legal knife in England and Wales, have begun confiscating knives imported through the mails, going so far as to individually test otherwise legal locking and non-locking bladed pocket knives to see if they can be made to open their blades to the fully opened position with a practised "double-action of the wrist"; those that open fully and thus fail the 'test' are confiscated and destroyed as illegal 'gravity knives' under the Restriction of Offensive Weapons Act 1959.
Paradoxically, the acknowledged failure of previously-enacted anti-knife legislation in reducing the number of violent crimes involving a knife has led to demands for even stricter measures. The likelihood of being detained and searched by the police in the United Kingdom depends frequently upon circumstances and the policies of the local constabulary, but is more likely to occur in areas noted for incidents of random assault and violent crime, where an individual encounters the police in the course of an investigation of a criminal complaint involving a knife, during vehicle stop-and-search operations at police checkpoints, or where the police are conducting mass searches of the public at large in so-called dispersal zones as part of knife crime crackdown operations under Section 60 of the Public Order Act.
German law defines an offensive weapon to be any item that is intended to reduce or eliminate the ability of a person to attack another person or to defend themselves. This includes cutting and thrusting blades such as swords, sabers, daggers, stilettos, and bayonets. For example, as a bayonet
is a military weapon intended to injure or kill people, it is regarded as a weapon by the criminal law. In contrast, a machete
is regarded as a tool to clear dense vegetation.
German law explicitly lists the following knives as being illegal to manufacture, import, sell or possess:
All weapons are subject to restrictions, including a minimum age of the owner. German law requires that knives must be cased and stored in a sealed container secured against unauthorized opening when transported, and may not be carried at certain public events. All knives that are not illegal or regarded as weapons can be purchased, owned and carried by anyone.
Additionally, the carrying in public of certain knife types is prohibited unless the owner can demonstrate a legitimate purpose for doing so:
Possession of prohibited weapon is illegal under section 4 of the ordinance and offender is liable to a fine of and to imprisonment for 3 years. Any Police officers
or Customs officers can seize and detain any prohibited weapon. Once convicted, the weapon is automatically forfeited to the government and can then be disposed of by the Commissioner of Police.
" are prohibited regardless of blade length and may be sold only to members of the army, law enforcement and the national security agency. Violation may be punished with a fine up to 50000 HUF. Possession at home and transportation in secure wrapping is allowed for everyone.
– an object that has the features of a weapon and that is intended to cause damage utilising human muscle strength or special mechanisms.
and prohibits ..to carry non-firearm weapons except the non-firearm weapons necessary for hunters – in hunting and non-firearms necessary to sportsmen for the relevant sport – in competitions or training.
The list of prohibited weapons is found in Anexo I - Armas prohibidas of the Real Decreto 137/1993 Por El Que Se Aprueba EL Reglamento de Armas, which prohibits the manufacture, importation, distributions, sale, possession and use of sword canes, automatic knives (switchblades) with a blade 11 cm (4.33 inches) or less in length (measured from the forward end of the handle to the tip of the blade), and dirks or daggers of any kind, and knives with a double-edged, pointed tip blade of 11 cm (4.33 inches) in length or less. The law exempts automatic knives (switchblades) with blades of 11 cm. (4.33 inches) or less from the list of prohibited weapons if sold and purchased solely for the purposes of a decoration or collector's item to be kept in the home.
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. Sale of such weapons requires the presentation of an official arms license duly certifying the identity and status of the person entitled to possess such weapons. Minors are prohibited from purchasing and owning armas blancas.
s and ballistic knives
are banned from interstate shipment, sale, or importation, or possession within the following: any territory or possession of the United States, i.e. land belonging to the U.S. federal government; Indian lands (as defined in section 1151 of title 18); and areas within the maritime or territorial jurisdiction of the federal government. In addition, federal laws may prohibit the possession or carrying of any knife on certain federal properties such as courthouses or military installations. U.S. federal laws on switchblades do not apply to the possession or sale of switchblade knives within a state's boundaries; the latter is regulated by the laws of that particular state, if any.
Occasional disputes over what constitutes a switchblade
knife under federal law has occasionally resulted in U.S. Customs
seizures of knives from U.S. importers or manufacturers. In one case the seizure of a shipment of Columbia River Knife and Tool company knives resulted in an estimated US$1 million loss to the company before the shipment was released.
Amendment 1447 to the Switchblade Knife Act (15 U.S.C. §1244), signed into law as part of the FY2010 Homeland Security Appropriations Bill on October 28, 2009 provides that the Act shall not apply to spring-assist or assisted-opening knives (i.e. knives with closure-biased springs that require physical force applied to the blade to assist in opening the knife).
, poignard
, and stiletto
, and double-edged knives with crossguards designed for knife fighting such as the dagger
. Some states make the carrying or possession of any dangerous or deadly weapon with intent to unlawfully harm another a crime.
In states like Alabama, Mississippi, New Mexico, Texas, and Virginia, the carrying on one's person of large and lengthy fighting knives capable of causing grievous wounds such as the Bowie Knife is prohibited by statute, originally in the interest of controlling or eliminating the then-common practice of "dueling", a term which had degenerated from a rarely-used social custom into a generalized description for any knife or gun fight between two contestants. In many jurisdictions a local tradition of using knives to settle differences or for self-defense resulted in the enactment of statutes that restricted the size and length of the knife and particularly, the length of its blade.
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, a state statute made it illegal for someone to "carry a knife as a weapon", specifying that any knife with a blade 3.5-inches or longer constituted prima facie
evidence that the knife was being carried as a weapon, yet allowed a complete exemption to the law when "upon a journey". While Arkansas eventually repealed its archaic criminal knife possession law in its entirety, many other states still periodically amend archaic criminal codes that penalize both historic and present-day human behavior involving knife use and ownership; these patchwork statutes frequently result in lengthy legal disputes over legislative intent and definitions. As one example, Indiana law makes it illegal to possess a 'dagger', 'dirk', 'poniard', 'stiletto', 'switchblade', or 'gravity knife' on school property, or to possess any knife on school property "capable of being used to inflict cutting, stabbing, or tearing wounds" if that knife "is intended to be used as a weapon", but provides for a criminal penalty only if a person "recklessly, knowingly, or intentionally" possesses such a knife on school property. The statute thus requires 1) an examination of the knife and the legislative history of the statute; 2) expert testimony on the individual characteristics of historic knife designs to determine whether the knife in question fits within one of the six specified categories of knife; 3) a determination as to whether the blade can cause a "cutting, stabbing, or tearing wound"; 4) a determination as to what degree of injury constitutes a "wound", and 5) two separate determinations of the defendant's intent by the fact finder - before guilt or innocence may be adjudged.
City, county, and local jurisdictions (to include sovereign Indian nations located within a state boundary) may enact their own criminal laws or ordinances in addition to the restrictions contained in state laws, which may be more restrictive than state law. Virtually all states and local jurisdictions have laws that restrict or prohibit the possession or carrying of knives in some form or manner in certain defined areas or places such as schools, public buildings, courthouses, police stations, jails, power plant facilities, airports, or public events.
Local or city ordinances are sometimes drafted to include specific classes of people not covered by the state criminal codes, such as individuals carrying folding knives with locking blades primarily for use as weapons. For example, a San Antonio, Texas
city ordinance makes it unlawful for anyone to knowingly carry within city limits "on or about his person" any folding knife with a blade less than 5.5-inches long with a lock mechanism that locks the blade upon opening. This ordinance is designed to work in tandem with the Texas state statute making illegal the carrying of knives with blades longer than 5.5 inches. The San Antonio ordinance allows police to charge persons carrying most types of lock blade knives without good cause with a criminal misdemeanor violation, allowing police to remove the knife from the possession of the offender, while providing exemptions from the ordinance designed to protect certain classes of people the city assumes to pose no threat to public order. Occasionally, city and county ordinances conflict with state law. In one extreme example, the city of Portland, Oregon
initially passed a city ordinance banning all pocket knives, until the measure was overturned by the Oregon Supreme Court
as conflicting with state criminal statutes.
Some states prohibit the possession of a folding knife with a quick-opening mechanism such as a gravity knife
, butterfly knife, balisong
, or switchblade
. Other states may impose no restrictions at all, while many allow possession with some restrictions (age, carrying on one's person, carrying concealed, carrying while a convicted felon, prohibited possessor, or while in the commission of a serious offense, etc.)
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.
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
of statutory law
Statutory law
Statutory law or statute law is written law set down by a legislature or by a legislator .Statutes may originate with national, state legislatures or local municipalities...
and/or case law
Case law
In law, case law is the set of reported judicial decisions of selected appellate courts and other courts of first instance which make new interpretations of the law and, therefore, can be cited as precedents in a process known as stare decisis...
promulgated or enacted by a government
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
or other governing jurisdiction that prohibits, criminalizes, or restricts the otherwise legal manufacture, importation, sale, transfer, possession, transport, and/or use of knives.
The carrying of knives in public is forbidden or restricted by law in many countries. Exceptions may be made for hunting
Hunting
Hunting is the practice of pursuing any living thing, usually wildlife, for food, recreation, or trade. In present-day use, the term refers to lawful hunting, as distinguished from poaching, which is the killing, trapping or capture of the hunted species contrary to applicable law...
knives, pocket knives, and knives used for work-related purposes (chef's knives, etc.), depending upon the laws of a given jurisdiction. In turn, the carrying or possessing of certain type of knives perceived as deadly or offensive weapons such as automatic or switchblade
Switchblade
A switchblade is a type of knife with a folding or sliding blade contained in the handle which is opened automatically by a spring when a button, lever, or switch on the handle or bolster is activated A switchblade (also known as an automatic knife, pushbutton knife, switch, Sprenger, Springer,...
knives or butterfly knives (Balisongs) may be restricted or prohibited. Even where knives may be legally carried on the person generally, this right may not extend to all places and circumstances, and knives of any description may be prohibited at airports, schools, public buildings or courthouses, or at public events.
Austria
In AustriaAustria
Austria , officially the Republic of Austria , is a landlocked country of roughly 8.4 million people in Central Europe. It is bordered by the Czech Republic and Germany to the north, Slovakia and Hungary to the east, Slovenia and Italy to the south, and Switzerland and Liechtenstein to the...
no knife may be taken into a public building or school, nor may it be carried while at a public event such as a sports game or concert without permission of the event host.
The Austrian Arms Act (Waffengesetz 1996), Section § 17. (1) prohibits the ownership or carrying of 'weapons' that are disguised as another object or as an object of common use, for example sword canes and knives disguised as ink pens or belt buckles. The law further provides that knives which are purposely designed as weapons for use against human beings (for example, knives with thrusting-type blades such as daggers or stilettos, or military combat arms such as combat knives
Combat knife
A combat knife is a fighting knife designed solely for military use and primarily intended for hand-to-hand or close combat fighting.Since the end of trench warfare, most military combat knives have been secondarily designed for utility use in addition to their original role as close-quarter combat...
or bayonet
Bayonet
A bayonet is a knife, dagger, sword, or spike-shaped weapon designed to fit in, on, over or underneath the muzzle of a rifle, musket or similar weapon, effectively turning the gun into a spear...
s) are either prohibited or require a special license. There are no restrictions or prohibitions based on blade length, and automatic opening knives (switchblade
Switchblade
A switchblade is a type of knife with a folding or sliding blade contained in the handle which is opened automatically by a spring when a button, lever, or switch on the handle or bolster is activated A switchblade (also known as an automatic knife, pushbutton knife, switch, Sprenger, Springer,...
s), OTF automatic knives
Sliding knife
An OTF Knife, also known as an out-the-front knife, sliding knife, or telescoping knife, is a pocketknife with a blade that opens and closes through a hole in one end of the handle...
, balisong
Balisong (knife)
A Butterfly knife, also known as a fan knife or Balisong, is a folding pocket knife with two handles counter-rotating around the tang such that, when closed, the blade is concealed within grooves in the handles. It is sometimes called a Batangas knife, after the Tagalog province of Batangas in the...
s, and gravity knives
Gravity knife
A gravity knife is a knife with a blade contained in its handle, and which opens its blade by the force of inertia or gravity. As the gravity knife requires gravity or inertia to propel the blade out of the handle, it differs fundamentally from the switchblade, which opens its spring-propelled...
are specifically permitted under the Arms Act.
Belgium
Article 3, §1 of the 2006 Weapons Act lists the switchblade or automatic knife (couteaux à cran d’arrêt et à lame jaillissante), as well as butterfly knives, throwing knives, throwing stars, and knives or blades that have the appearance of other objects (i.e. sword canes, belt buckle knives, etc.) as prohibited weapons. In addition to specifically prohibited knives, the police and local jurisdictions have broad discretion to authority to prohibit the carrying or possession of a wide variety of knives, to include carriage inside a vehicle, if the owner cannot establish sufficient legal reason (motif légitime) for doing so, particularly in urban areas or at public events. This discretion extends to even folding knives without a locking blade.Canada
Certain knives are designated as 'prohibited weapons' pursuant to the Criminal Code of CanadaCriminal Code of Canada
The Criminal Code or Code criminel is a law that codifies most criminal offences and procedures in Canada. Its official long title is "An Act respecting the criminal law"...
. Section 84(1) defines such knives as "a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife". By law, only those who have been granted exemption by the Royal Canadian Mounted Police
Royal Canadian Mounted Police
The Royal Canadian Mounted Police , literally ‘Royal Gendarmerie of Canada’; colloquially known as The Mounties, and internally as ‘The Force’) is the national police force of Canada, and one of the most recognized of its kind in the world. It is unique in the world as a national, federal,...
via the Canadian Firearms Program are allowed to possess (but not acquire) prohibited weapons.
If one is found to be in unauthorized possession of prohibited weapon by any law enforcement officer, he or she is liable to maximum of 5 years in jail and the weapon being seized. The peace officer can then apply to a provincial court judge for the said weapon to be forfeited and be disposed as he or she sees fit. The import and export of such devices are also strictly regulated and enforced by the Canada Border Services Agency
Canada Border Services Agency
The Canada Border Services Agency is a federal law enforcement agency that is responsible for border enforcement, immigration enforcement and customs services....
.
Examples of such knives include:
- automatic knives such as switchbladeSwitchbladeA switchblade is a type of knife with a folding or sliding blade contained in the handle which is opened automatically by a spring when a button, lever, or switch on the handle or bolster is activated A switchblade (also known as an automatic knife, pushbutton knife, switch, Sprenger, Springer,...
s - centrifugal knives such as flick knives or butterfly knives;
- gravity knivesGravity knifeA gravity knife is a knife with a blade contained in its handle, and which opens its blade by the force of inertia or gravity. As the gravity knife requires gravity or inertia to propel the blade out of the handle, it differs fundamentally from the switchblade, which opens its spring-propelled...
; - Constant Companion (belt-buckle knife)
- finger rings with blades or other sharp objects projecting from the surface;
- push daggerPush daggerA push dagger is a short-bladed dagger with a "T" handle designed to be grasped in the hand so that the blade protrudes from the front of one's fist, typically between the 2nd and 3rd finger...
s; - spiked wristbands;
One-handed opening knives have been designated as legal to import by Canada Border Services as long as they don't fall into one of the prohibited categories.
There is no length restriction on carrying knives within the Criminal Code of Canada; the only restriction is for concealed carry.
China
Due to concerns about potential violence at the 2008 Olympic Games in BeijingBeijing
Beijing , also known as Peking , is the capital of the People's Republic of China and one of the most populous cities in the world, with a population of 19,612,368 as of 2010. The city is the country's political, cultural, and educational center, and home to the headquarters for most of China's...
, China is beginning to restrict "dangerous knives", requiring that purchasers register with the government when purchasing these knives. Included in the new restrictions are knives with "blood grooves"
Fuller (weapon)
A fuller is a rounded or beveled groove or slot in the flat side of a blade . A fuller is often used to lighten the blade, much in the way that an I-beam shape allows a given amount of strength to be achieved with less material...
, lockblade knives, knives with blades measuring over 22 cm (8.6 in) in length, and knives with blades over 15 cm in length also having a point angle of less than 60 degrees. As of January 2011, according to an authorized Leatherman dealer in Beijing all knives with a locking blade are illegal unless they are part of a larger multi-tool like a leatherman. However, many people still carry locking pocket knives especially when camping with no issues. He suggested carrying locking knives in checked luggage on airplanes, and on your person in trains and subways since they could be confiscated if found in a bag. Foreigners are generally given a bit more leeway in China so if a traveler is caught with a small knife there will probably be no prosecution and at most confiscation.
Czech Republic
Czech weapon law from the year 2002 concerns firearms only, with no other legislation concerning knives in existence (with the exception of the paragraphs of the penal code penalizing the use of any weapons in criminal offenses). This means there are no restrictions on the possession or carrying of any types of knives or swords, not that it is common or considered appropriate to carry one openly in public places such as streets or public buildings.United Kingdom
The 1689 Bill of RightsBill of Rights 1689
The Bill of Rights or the Bill of Rights 1688 is an Act of the Parliament of England.The Bill of Rights was passed by Parliament on 16 December 1689. It was a re-statement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689 ,...
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 harsher laws and acts regarding the possession and use of knives and bladed tools. Currently, the United Kingdom (to include England, Scotland, Wales, and Northern Ireland) has the most restrictive set of laws of any developed nation governing an individual's right to import, purchase, possess, sell, and carry knives.
Restriction of Offensive Weapons Act 1959
The Restriction of Offensive Weapons Act 1959 (amended 1961) (ROWA), prohibits the importation, sale, hire, lending, or gift of certain types of knives in England, Wales, and Scotland as of 13 June 1959 under Section 1:Any person who manufactures, sells or hires or offers for sale or hire, or exposes or has in his possession for the purpose of sale or hire or lends or gives to any other person—
-
- (a) any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a flick knifeSwitchbladeA switchblade is a type of knife with a folding or sliding blade contained in the handle which is opened automatically by a spring when a button, lever, or switch on the handle or bolster is activated A switchblade (also known as an automatic knife, pushbutton knife, switch, Sprenger, Springer,...
or “flick gun”; or - (b) any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a gravity knifeGravity knifeA gravity knife is a knife with a blade contained in its handle, and which opens its blade by the force of inertia or gravity. As the gravity knife requires gravity or inertia to propel the blade out of the handle, it differs fundamentally from the switchblade, which opens its spring-propelled...
,
- (a) any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a flick knife
- shall be guilty of an offence [...]
Subsection 2 also makes it illegal to import knives of this type as of 13 June 1959. The above legislation criminalizes the conduct of the original owner or transferor of an automatic-opening or gravity knife, not the new owner or transferee; in addition, the statute does not criminalize possession of such knives other than possession for the purpose of sale or hire. It is therefore not illegal per se
Illegal per se
The term illegal per se means that the act is inherently illegal. Thus, an act is illegal without extrinsic proof of any surrounding circumstances such as lack of scienter or other defenses...
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
Abettor
Abettor , is a legal term implying one who instigates, encourages or assists another to commit an offence.An abettor differs from an accessory in that he must be present at the commission of the crime; all abettors Abettor (from to abet, Old French abeter, á and beter, to bait, urge dogs upon any...
an offence.
Criminal Justice Act 1988
The Criminal Justice Act 1988 mainly relates to carrying knives in public places, Section 139 being the most important: Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence. Subject to subsection (3) below, this section applies to any article which has a blade or is sharply pointed except a folding pocketknife. This section applies to a folding pocketknife if the cutting edge of its blade exceeds 3 inches. It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.The definition of "public place" is unsettled, but can loosely be 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 United Kingdom, including one's motor vehicle, which is defined by law as a 'public place' unless parked on private property. In a remote or otherwise unpopulated area, a public place could include: 1) an organised wilderness gathering or event; 2) a National Park; 3) Forestry Commission land that is held open to the public; 4) public footpaths; 5)bridleways; and 6) any area where an individual does not need to ask specific permission to walk, camp, or travel from a landowner.
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
Bona Fide
Bona Fide is a studio album from rock band Wishbone Ash. It is the first studio album in six years and is the only studio album to feature guitarist Ben Granfelt...
reason to do so. Subsection 5 gives some specific examples of bona fide reasons: a knife for use at work (e.g. a chef's knife), as part of a national costume (e.g. a sgian dubh
Sgian Dubh
The sgian-dubh is a small, singled-edged knife worn as part of traditional Scottish Highland dress along with the kilt. It is worn tucked into the top of the kilt hose with only the upper portion of the hilt visible...
for the Scottish national costume
Scottish apparel
The term Highland dress describes the traditional dress of Scotland. It is often characterised by tartan patterns in some form....
), or for religious reasons (e.g. a Sikh
Sikh
A Sikh is a follower of Sikhism. It primarily originated in the 15th century in the Punjab region of South Asia. The term "Sikh" has its origin in Sanskrit term शिष्य , meaning "disciple, student" or शिक्ष , meaning "instruction"...
Kirpan
Kirpan
The kirpan is a ceremonial sword or dagger carried by orthodox Sikhs. It is a religious commandment given by Guru Gobind Singh at the Baisakhi Amrit Sanchar in CE 1699, all baptised Sikhs must wear a kirpan at all times....
). However, even these specific statutory exceptions have proven unavailing to knife owners at times. It is important to note that that "good reason or lawful authority" exceptions may be difficult to establish for those not using a knife in the course of their trade or profession, but merely because the knife is needed in case of emergency or for occasional utility use. A person on holiday and traveling by motor vehicle in the UK might well be obliged to purchase a knife at their destination, rather than risk prosecution if one is found by the police during a routine traffic stop or checkpoint.
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. While this may appear to be a reversal of the usual burden of proof, technically the prosecution has already proven the case (prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
) by establishing that a knife was being carried in a public place (see Violent Crime Reduction Act 2006 on Knives, etc.; New powers to tackle gun and knife crime)
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): Has THIS person got permission; to use THIS article (knife); for THIS use; on THIS land; and by THIS land owner.
The special exception which exists in the Criminal Justice Act 1988 (Sec. 139) for folding knives (pocket knives) is another "common sense" measure accepting that some small knives are carried for general utility; however, even a folding pocket knife or multi-tool equipped with a blade of less than 3 inches (76 mm) may still be considered an offensive weapon if it has a locking blade. It is a common belief that a folding pocket knife with a blade of 3 inches (76mm) or less must have a locking blade to be considered an offensive weapon, but the wording of the Criminal Justice Act does not mention locking and the matter becomes a question as to the definition of "folding pocket knife". In the Crown Court
Crown Court
The Crown Court of England and Wales is, together with the High Court of Justice and the Court of Appeal, one of the constituent parts of the Senior Courts of England and Wales...
appeal of Harris v. DPP (1992) and the Court of Appeal
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
case of R. v Deegan (1998) the ruling that 'folding' was intended to mean 'non-locking' was upheld. As the only higher court in England and Wales to the Court of Appeal is the Supreme Court, the only way the decision in R. v. Deegan could be overturned is by a dissenting ruling by the Supreme Court or by Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
.
In Scotland, the Criminal Law (Consolidation) Act 1995 prevents the carrying of 'offensive weapons', including knives and other articles with blades or points in public places without lawful authority or reasonable excuse.
Other relevant Scotland knife legislation includes the Criminal Justice Act 1988 (Offensive Weapons Act) (Scotland), Order 2005 which bans sword canes, push dagger
Push dagger
A push dagger is a short-bladed dagger with a "T" handle designed to be grasped in the hand so that the blade protrudes from the front of one's fist, typically between the 2nd and 3rd finger...
s, butterfly (balisong knives
Balisong (knife)
A Butterfly knife, also known as a fan knife or Balisong, is a folding pocket knife with two handles counter-rotating around the tang such that, when closed, the blade is concealed within grooves in the handles. It is sometimes called a Batangas knife, after the Tagalog province of Batangas in the...
), throwing stars, knives that can defeat metal detectors, and knives disguised as other objects, and the Police, Public Order and Criminal Justice (Scotland) Act 2006 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." In 2007, the passage of the Custodial Sentences and Weapons (Scotland) Act 2007 allowed exemption from criminal liability under section 141 of the Criminal Justice Act 1988 (Scotland) for selling a prohibited offensive weapon if the sale was made for purposes of theatrical performances and of rehearsals for such performances, the production of films (as defined in section 5B of the Copyright, Designs and Patents Act 1988 (c. 48)), or the production of television programmes (as defined in section 405(1) of the Communications Act 2003 (c. 21)).
Offensive Weapons Act 1996
The Offensive Weapons Act 1996 covers the possession of knives within school premises: Any person who has an article to which section 139 of this Act applies with him on school premises shall be guilty of an offence. Any person who has an offensive weapon within the meaning of section 1 of the M1 Prevention of Crime Act 1953Prevention of Crime Act 1953
The Prevention of Crime Act 1953 is an Act of the Parliament of the United Kingdom that restricts the carrying of offensive weapons in public...
with him on school premises shall be guilty of an offence. It shall be a defence for a person charged with an offence under subsection (1) or (2) above to prove that he had good reason or lawful authority for having the article or weapon with him on the premises in question. (Subsection 4 gives the same specific exceptions as subsection 139(5) with the addition of "for educational purposes". This would appear to imply that all legislation on knives in public applies similarly to school premises, and therefore a folding pocket knife under 3 inches (76mm) in length would be considered legal.)
The Offensive Weapons Act 1996 imposes an age restriction on the sale of knives: Any person who sells to a person under the age of sixteen years an article to which this section applies shall be guilty of an offence [...] Subject to subsection (3) below, this section applies to—
-
- (a) any knife, knife blade or razor blade...
In Scotland, the Violent Crime Reduction Act 2006 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.)
Knives Act 1997
The Knives Act 1997 prohibits the sale of combat knives and restricts the marketing of knives as offensive weapons.Prevention of Crime Act 1953
The Prevention of Crime Act 1953 prohibits the possession in any public place of an offensive weapon without lawful authority or reasonable excuse. The term "offensive weapon" is defined as: "any article made or adapted for use to causing injury to the person, or intended by the person having it with him for such use".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 1953 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. This new approach now includes prosecution of citizens who have admitted carrying a knife for the sole purpose of self-defence (in the eyes of the law, this is presently viewed as an admission that the defendant intends to use the knife as an "offensive weapon", albeit in a defensive manner, and in otherwise justifiable circumstances). While the onus lies on the officer to prove offensive intent, UK prosecutors and courts have in the past taken the appearance and the marketing of a particular brand of knife into account when considering whether an otherwise legal knife was being carried as an offensive weapon. In addition, the Knives Act 1997 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. could therefore carry an extra liability. Even when the knife in question appears relatively innocuous (blade length not exceeding three inches, non-locking blade), recent prosecutions in the UK have established that anyone carrying a knife in a public place is well advised to take steps to place the knife in question out of their immediate control, i.e. storing the knife when on foot or when using public transit in the bottom of a rucksack, not on the belt, in the pocket, or around the neck, and while traveling in a privately-owned motor vehicle, by placing the knife in locked storage in the vehicle boot, not in the glove compartment or in the seating area.
Custodial Sentences and Weapons Act 2007
Further legislation in Scotland, known as the Custodial Sentences and Weapons Act 2007, is now in effect (certain parts of this Act came into force on 10 September 2007). This legislation amends the Civic Government (Scotland) Act 1982 and makes it compulsory to possess a local authority license 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." Any dealer in non-domestic knives will be required to hold a ‘knife dealer’s licence’.Northern Ireland
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. In 2008, in response to a surge in public concern over knife-related crimes, Northern Ireland doubled the prison sentence for persons convicted of possessing a knife deemed to be an offensive weapon in a public place to four years' imprisonment, and added an evidentiary presumption in favour of prosecution for possession of a knife.Summary
In recent years, laws criminalising knife possession in the United Kingdom have been strictly interpreted and applied by police and prosecutors to citizens and foreigners alike of all ages and backgrounds, even where the evidence supporting the crime is in doubt. This development, combined with increasingly frequent application of such laws to marginal or inadvertent offenders by the police and the public prosecutor can easily result in an arrest and a criminal charge in the event a person carrying a folding knife, scissors, plastic knife, multi-tool, or bladed object is detained and searched, and the defendant may have to wait weeks or months for a trial or other disposition of his case by the public prosecutor. HM Customs officials in the Customs Inspection unit at the Mount Pleasant Postal DepotRoyal Mail Mount Pleasant Sorting Office
The Royal Mail Mount Pleasant Sorting Office is the largest sorting office operated by Royal Mail in London, England....
in London, aware of the steadily narrowing interpretation of what constitutes a legal knife in England and Wales, have begun confiscating knives imported through the mails, going so far as to individually test otherwise legal locking and non-locking bladed pocket knives to see if they can be made to open their blades to the fully opened position with a practised "double-action of the wrist"; those that open fully and thus fail the 'test' are confiscated and destroyed as illegal 'gravity knives' under the Restriction of Offensive Weapons Act 1959.
Paradoxically, the acknowledged failure of previously-enacted anti-knife legislation in reducing the number of violent crimes involving a knife has led to demands for even stricter measures. The likelihood of being detained and searched by the police in the United Kingdom depends frequently upon circumstances and the policies of the local constabulary, but is more likely to occur in areas noted for incidents of random assault and violent crime, where an individual encounters the police in the course of an investigation of a criminal complaint involving a knife, during vehicle stop-and-search operations at police checkpoints, or where the police are conducting mass searches of the public at large in so-called dispersal zones as part of knife crime crackdown operations under Section 60 of the Public Order Act.
Germany
German law explicitly forbids a few types of knives and restricts the right to possess or carry other types of knives designated as offensive weapons. In addition, Section 42 paragraph 5 of the Weapons Act gives German states the option in certain areas to enact local regulations prohibiting the carrying of weapons "and any dangerous objects" in so-called "weapons ban" areas for purposes of protecting public safety and order.German law defines an offensive weapon to be any item that is intended to reduce or eliminate the ability of a person to attack another person or to defend themselves. This includes cutting and thrusting blades such as swords, sabers, daggers, stilettos, and bayonets. For example, as a bayonet
Bayonet
A bayonet is a knife, dagger, sword, or spike-shaped weapon designed to fit in, on, over or underneath the muzzle of a rifle, musket or similar weapon, effectively turning the gun into a spear...
is a military weapon intended to injure or kill people, it is regarded as a weapon by the criminal law. In contrast, a machete
Machete
The machete is a large cleaver-like cutting tool. The blade is typically long and usually under thick. In the English language, an equivalent term is matchet, though it is less commonly known...
is regarded as a tool to clear dense vegetation.
German law explicitly lists the following knives as being illegal to manufacture, import, sell or possess:
- Butterfly knife or Balisong knives
- Gravity knives
- Push daggers or palm knives. The law contains an exemption for push daggers or palm knives owned and used by holders of a valid hunting permit or by members of the fur industry.
- Automatic or switchblade knives, with exceptions based on blade length and number of sharpened edges. All OTF automatic knives are regarded as illegal to possess. Side-opening automatic knives are allowed if: 1) the blade is no longer than 8.5 cm, and 2)the blade is not sharpened on both sides. Both these requirements must be met before the side-opening automatic knife is considered legal.
- Knives designated by law as weapons, together with any knife disguised to appear like another object, such as a sword cane or belt buckle knife
All weapons are subject to restrictions, including a minimum age of the owner. German law requires that knives must be cased and stored in a sealed container secured against unauthorized opening when transported, and may not be carried at certain public events. All knives that are not illegal or regarded as weapons can be purchased, owned and carried by anyone.
Additionally, the carrying in public of certain knife types is prohibited unless the owner can demonstrate a legitimate purpose for doing so:
- All Automatic or switchblade knives
- All cutting and thrusting weapons such as daggers, swords, or stilettos
- All locking folders with a one-handed opening mechanism. If the knife has just one of these two features, it is still legal.
- All blades over 12.0 cm.
Hong Kong
Under the Weapons Ordinance (HK Laws. Chap 217), certain knives are designated as 'prohibited weapons', including:- Gravity knife
- Knuckleduster whether spiked or not and with or without blade
- Any bladed or pointed weapon designed to be used in a fashion whereby the handle is held in a clenched fist and the blade or point protrudes between the fingers of the fist
- Any knife the blade of which is exposed by a spring or other mechanical or electric device
Possession of prohibited weapon is illegal under section 4 of the ordinance and offender is liable to a fine of and to imprisonment for 3 years. Any Police officers
Hong Kong Police Force
The Hong Kong Police Force is the largest disciplined service under the Security Bureau of Hong Kong. It is the world's second, and Asia's first, police agency to operate with a modern policing system. It was formed on 1 May 1844, with a strength of 32 officers...
or Customs officers can seize and detain any prohibited weapon. Once convicted, the weapon is automatically forfeited to the government and can then be disposed of by the Commissioner of Police.
Hungary
Carrying a knife with blade length over 8 centimetres (3.1 in) is prohibited in public places in Hungary unless justified by sport, work or everyday activity. Automatic Knives, throwing stars and "French knivesBallistic knife
A ballistic knife is a specialized combat knife with a detachable gas- or spring-propelled blade that can be fired to a distance of several feet or meters by pressing a trigger or switch on the handle.-History and usage:...
" are prohibited regardless of blade length and may be sold only to members of the army, law enforcement and the national security agency. Violation may be punished with a fine up to 50000 HUF. Possession at home and transportation in secure wrapping is allowed for everyone.
Japan
Any fixed knife containing a blade length of 5.9 inches or more requires permission from the prefectural public safety commission in order to possess. Permission requirements also apply to any type of pocket knife over 2.2 inches (including Automatic Knives), spears over 5.9 inches in blade length, and Japanese halberds.Poland
All kind of knives are regarded as dangerous tools, but are not considered weapons under Polish law, so no restriction related to weapons apply. The exception is a blade hidden in an object that doesn't look like a weapon (a sword in an umbrella, a dagger in a shoe etc.). It is legal to sell, buy, trade and possess any knives, and Polish law does not prohibit carrying a knife in a public place. However, certain prohibitions in possession of so called "dangerous tools" may apply during mass events.Latvia
Latvian legislation "Law On the Handling of Weapons" defines knives as: Cold weaponCold weapon
A cold weapon is any weapon that does not involve fire or explosions as a result from the use of gun powder or other explosive materials....
– an object that has the features of a weapon and that is intended to cause damage utilising human muscle strength or special mechanisms.
and prohibits ..to carry non-firearm weapons except the non-firearm weapons necessary for hunters – in hunting and non-firearms necessary to sportsmen for the relevant sport – in competitions or training.
Lithuania
According to Lithuanian law it is legal to possess and carry most types of knives. This includes hunting knives, pocket knives, multi-tools, survivor knives, balisongs etc. as knives are not considered weapons. The only exception are switchblades. It is illegal to carry or possess a switchblade if it meets one of the following criteria: the blade is longer than 8.5 cm; the width in the middle of the blade less than 14% of its total length; the blade is double sided.Spain
In Spain there are stringent laws proscribing the carrying of armas blancas, or fighting knives considered to be prohibited weapons. Armas blancas and other sharp bladed instruments or cutting tools may be freely purchased and owned provided they are not on the list of prohibited weapons, are kept at home for the exclusive purpose of a collection, and are not transported on the public roads. It is forbidden to carry, display and use outside the home or workplace, even for sporting purposes, any fighting knife or knife with a pointed blade.The list of prohibited weapons is found in Anexo I - Armas prohibidas of the Real Decreto 137/1993 Por El Que Se Aprueba EL Reglamento de Armas, which prohibits the manufacture, importation, distributions, sale, possession and use of sword canes, automatic knives (switchblades) with a blade 11 cm (4.33 inches) or less in length (measured from the forward end of the handle to the tip of the blade), and dirks or daggers of any kind, and knives with a double-edged, pointed tip blade of 11 cm (4.33 inches) in length or less. The law exempts automatic knives (switchblades) with blades of 11 cm. (4.33 inches) or less from the list of prohibited weapons if sold and purchased solely for the purposes of a decoration or collector's item to be kept in the home.
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. Sale of such weapons requires the presentation of an official arms license duly certifying the identity and status of the person entitled to possess such weapons. Minors are prohibited from purchasing and owning armas blancas.
Federal laws
Under the Switchblade Knife Act of 1958 (amended 1986, codified at 15 U.S.C. §§1241-1245), switchbladeSwitchblade
A switchblade is a type of knife with a folding or sliding blade contained in the handle which is opened automatically by a spring when a button, lever, or switch on the handle or bolster is activated A switchblade (also known as an automatic knife, pushbutton knife, switch, Sprenger, Springer,...
s and ballistic knives
Ballistic knife
A ballistic knife is a specialized combat knife with a detachable gas- or spring-propelled blade that can be fired to a distance of several feet or meters by pressing a trigger or switch on the handle.-History and usage:...
are banned from interstate shipment, sale, or importation, or possession within the following: any territory or possession of the United States, i.e. land belonging to the U.S. federal government; Indian lands (as defined in section 1151 of title 18); and areas within the maritime or territorial jurisdiction of the federal government. In addition, federal laws may prohibit the possession or carrying of any knife on certain federal properties such as courthouses or military installations. U.S. federal laws on switchblades do not apply to the possession or sale of switchblade knives within a state's boundaries; the latter is regulated by the laws of that particular state, if any.
Occasional disputes over what constitutes a switchblade
Switchblade
A switchblade is a type of knife with a folding or sliding blade contained in the handle which is opened automatically by a spring when a button, lever, or switch on the handle or bolster is activated A switchblade (also known as an automatic knife, pushbutton knife, switch, Sprenger, Springer,...
knife under federal law has occasionally resulted in U.S. Customs
United States Customs Service
Until March 2003, the United States Customs Service was an agency of the U.S. federal government that collected import tariffs and performed other selected border security duties.Before it was rolled into form part of the U.S...
seizures of knives from U.S. importers or manufacturers. In one case the seizure of a shipment of Columbia River Knife and Tool company knives resulted in an estimated US$1 million loss to the company before the shipment was released.
Amendment 1447 to the Switchblade Knife Act (15 U.S.C. §1244), signed into law as part of the FY2010 Homeland Security Appropriations Bill on October 28, 2009 provides that the Act shall not apply to spring-assist or assisted-opening knives (i.e. knives with closure-biased springs that require physical force applied to the blade to assist in opening the knife).
State and local laws
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. Other states prohibit the possession and/or the concealed carrying of knives that feature blade styles or features sufficient to transform them into "dangerous weapons" or "deadly weapons", i.e. knives either optimized for lethality against humans or designed for and readily capable of causing death or serious bodily injury. These frequently include knives with specific blade styles with a historical connection to violence or assassination, including thrusting knives such as the dirkDirk
A dirk is a short thrusting dagger, sometimes a cut-down sword blade mounted on a dagger hilt rather than a knife blade. It was historically used as a personal weapon for officers engaged in naval hand-to-hand combat during the Age of Sail.-Etymology:...
, poignard
Poignard
Poignard, or poniard, , refers to a long, lightweight thrusting knife with a continuously tapering, acutely pointed blade and crossguard, historically worn by the upper class, noblemen, or the knighthood...
, and stiletto
Stiletto
A stiletto is a knife or dagger with a long slender blade and needle-like point, intended primarily as a stabbing weapon. The stiletto blade's narrow cross-section and acuminated tip reduces friction upon entry, allowing the blade to penetrate deeply...
, and double-edged knives with crossguards designed for knife fighting such as the dagger
Dagger
A dagger is a fighting knife with a sharp point designed or capable of being used as a thrusting or stabbing weapon. The design dates to human prehistory, and daggers have been used throughout human experience to the modern day in close combat confrontations...
. Some states make the carrying or possession of any dangerous or deadly weapon with intent to unlawfully harm another a crime.
In states like Alabama, Mississippi, New Mexico, Texas, and Virginia, the carrying on one's person of large and lengthy fighting knives capable of causing grievous wounds such as the Bowie Knife is prohibited by statute, originally in the interest of controlling or eliminating the then-common practice of "dueling", a term which had degenerated from a rarely-used social custom into a generalized description for any knife or gun fight between two contestants. In many jurisdictions a local tradition of using knives to settle differences or for self-defense resulted in the enactment of statutes that restricted the size and length of the knife and particularly, the length of its blade.
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
Arkansas toothpick
The Arkansas toothpick is a heavy dagger with a pointed, straight blade. The knife is balanced and weighted for throwing and can be used for thrusting and slashing...
were once commonplace, a state statute made it illegal for someone to "carry a knife as a weapon", specifying that any knife with a blade 3.5-inches or longer constituted prima facie
Prima facie
Prima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
evidence that the knife was being carried as a weapon, yet allowed a complete exemption to the law when "upon a journey". While Arkansas eventually repealed its archaic criminal knife possession law in its entirety, many other states still periodically amend archaic criminal codes that penalize both historic and present-day human behavior involving knife use and ownership; these patchwork statutes frequently result in lengthy legal disputes over legislative intent and definitions. As one example, Indiana law makes it illegal to possess a 'dagger', 'dirk', 'poniard', 'stiletto', 'switchblade', or 'gravity knife' on school property, or to possess any knife on school property "capable of being used to inflict cutting, stabbing, or tearing wounds" if that knife "is intended to be used as a weapon", but provides for a criminal penalty only if a person "recklessly, knowingly, or intentionally" possesses such a knife on school property. The statute thus requires 1) an examination of the knife and the legislative history of the statute; 2) expert testimony on the individual characteristics of historic knife designs to determine whether the knife in question fits within one of the six specified categories of knife; 3) a determination as to whether the blade can cause a "cutting, stabbing, or tearing wound"; 4) a determination as to what degree of injury constitutes a "wound", and 5) two separate determinations of the defendant's intent by the fact finder - before guilt or innocence may be adjudged.
City, county, and local jurisdictions (to include sovereign Indian nations located within a state boundary) may enact their own criminal laws or ordinances in addition to the restrictions contained in state laws, which may be more restrictive than state law. Virtually all states and local jurisdictions have laws that restrict or prohibit the possession or carrying of knives in some form or manner in certain defined areas or places such as schools, public buildings, courthouses, police stations, jails, power plant facilities, airports, or public events.
Local or city ordinances are sometimes drafted to include specific classes of people not covered by the state criminal codes, such as individuals carrying folding knives with locking blades primarily for use as weapons. For example, a San Antonio, Texas
San Antonio, Texas
San Antonio is the seventh-largest city in the United States of America and the second-largest city within the state of Texas, with a population of 1.33 million. Located in the American Southwest and the south–central part of Texas, the city serves as the seat of Bexar County. In 2011,...
city ordinance makes it unlawful for anyone to knowingly carry within city limits "on or about his person" any folding knife with a blade less than 5.5-inches long with a lock mechanism that locks the blade upon opening. This ordinance is designed to work in tandem with the Texas state statute making illegal the carrying of knives with blades longer than 5.5 inches. The San Antonio ordinance allows police to charge persons carrying most types of lock blade knives without good cause with a criminal misdemeanor violation, allowing police to remove the knife from the possession of the offender, while providing exemptions from the ordinance designed to protect certain classes of people the city assumes to pose no threat to public order. Occasionally, city and county ordinances conflict with state law. In one extreme example, the city of Portland, Oregon
Portland, Oregon
Portland is a city located in the Pacific Northwest, near the confluence of the Willamette and Columbia rivers in the U.S. state of Oregon. As of the 2010 Census, it had a population of 583,776, making it the 29th most populous city in the United States...
initially passed a city ordinance banning all pocket knives, until the measure was overturned by the Oregon Supreme Court
Oregon Supreme Court
The Oregon Supreme Court is the highest state court in the U.S. state of Oregon. The only court that may reverse or modify a decision of the Oregon Supreme Court is the Supreme Court of the United States. The OSC holds court at the Oregon Supreme Court Building in Salem, Oregon, near the capitol...
as conflicting with state criminal statutes.
Some states prohibit the possession of a folding knife with a quick-opening mechanism such as a gravity knife
Gravity knife
A gravity knife is a knife with a blade contained in its handle, and which opens its blade by the force of inertia or gravity. As the gravity knife requires gravity or inertia to propel the blade out of the handle, it differs fundamentally from the switchblade, which opens its spring-propelled...
, butterfly knife, balisong
Balisong (knife)
A Butterfly knife, also known as a fan knife or Balisong, is a folding pocket knife with two handles counter-rotating around the tang such that, when closed, the blade is concealed within grooves in the handles. It is sometimes called a Batangas knife, after the Tagalog province of Batangas in the...
, or switchblade
Switchblade
A switchblade is a type of knife with a folding or sliding blade contained in the handle which is opened automatically by a spring when a button, lever, or switch on the handle or bolster is activated A switchblade (also known as an automatic knife, pushbutton knife, switch, Sprenger, Springer,...
. Other states may impose no restrictions at all, while many allow possession with some restrictions (age, carrying on one's person, carrying concealed, carrying while a convicted felon, prohibited possessor, or while in the commission of a serious offense, etc.)
The continual advent of new knife designs, such as assisted-opening knives
Assisted-opening knife
An assisted-opening knife is a type of folding knife which uses an internal mechanism to finish the opening of the blade once the user has partially opened it using a flipper or thumbstud attached to the blade....
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.