Viewing 40 posts - 401 through 440 (of 489 total)
  • Carrying a knife
  • Drac
    Full Member

    Yup it is and there’s more than that.

    Congratulations. I’ll see if the STW have any croissants they can send you.

    blokeuptheroad
    Full Member

    Phoned 101 and, surprisingly, they had a think and said it’s OK to keep the swordstick in the house. Not to give away, sell, trade or carry in public.


    @gecko76
    I’d be tempted to get a second opinion if were you, the consequences of getting this wrong could mess your life up. Knife law is complex and it wouldn’t be impossible for a 101 call handler to inadvertently give out misleading advice. They aren’t legal experts. Have a look at the official advice on this gov.uk site.

    Banned knives and weapons

    If a knife or weapon is listed in the following table, it’s illegal to:

    • possess it
    • bring it into the UK
    • sell or hire it out
    • lend or give it to someone

    The table mentioned (full details in the link above) very clearly lists sword sticks as banned. The penalty for having one can be up to 4 years in prison or an unlimited fine.  You’ll note if your mum has given it to you, she has also (potentially) commited an offence. It may be if you can prove it is over 100 years old you are OK.  Maybe!  I’d even be tempted to ask the mods to delete your posts until you’ve resolved this. At the very least, phone your local police, speak to an actual police officer, not civilian staff. If they say you can keep it, take a note of their details.

    Good luck 👍

    blokeuptheroad
    Full Member

    Also, and this may affect others, these are relatively recent law changes which may have passed people by.

    Offensive weapons act 2019 which has been amended a couple of times since, most recently last month!

    Things which were perfectly legal to own just a few years ago, now aren’t and you may not have realised. This includes a lot of decorative swords (blade over 50cm), machetes ( as of January this year) etc.

    Mikkel
    Free Member

    Wonder how much compensation they will pay for tools that are no longer legal to own

    convert
    Full Member

    Which ‘tools’ are you refering to that are no long legal to own?

    Mikkel
    Free Member

    Machetes

    convert
    Full Member

    Do your own research, but in the right context they are not illegal to own and use. See also scythes and billhooks.

    dissonance
    Full Member

    Machetes

    They are still legal (in your garden or private land vs down the pub).
    Its “zombie” ones which are banned. Not completely sure of the definition but its basically ones that look like an idiots idea of a short sword generally with some writing on them along the lines of “murder, death, kill”.

    blokeuptheroad
    Full Member

    @Mikel, I genuinely don’t know, but I wouldn’t be surprised if there is some kind of exemption for machetes if you needs one for your job. I know a landscaper/gardener who clears a lot of rough scrub and uses one all the time. I’ll ask him when I see him. I’ve also seen traditional hedgelayers round here using bilhooks and machetes so I hope some common sense has been applied.

    Edit… above posts landed whilst typing this

    Cougar
    Full Member

    It is therefore reasonable to identify those people who use it as a weapon & apply the law to them & not to the others.

    What criteria would you suggest we base this “one law for one and another for another” approach on, and whom do you suppose we should empower to make that decision?

    We already have this function. It’s called a courtroom.

    The statistics demonstrate who is using knives as weapons

    The problem with statistics is that they can be slippery creatures. One could argue, for instance, that young black men are more likely to be caught with blades because an institutionally racist police force is actively targeting them as a profile for a stop & search. Possibly.

    namastebuzz
    Free Member

    Back in the 80s, when my brother & I were in our early teens, my parents were on a lecture tour around the USA.

    In Florida, my mum decided to buy presents for her darling sons. Two knuckle duster switchblades!

    At Miami airport, she was allowed on the plane with said  items in her handbag. Their plane had a quick stopover in Houston en route to the west coast & passengers had the option to stay on or get off for a quick walkabout.

    Dad stayed on. Mum got off to send some post cards. When she tried to get back on – Texas law was very different to Florida law! She was arrested & taken downtown and put in a cell with all the hos & junkies!

    My poor father had to get off the plane & go downtown to bail her out.

    My brother & I never did get the knives although she brought home the empty boxes which, tantalisingly, had detailed pictures of the knives on them.

    Cougar
    Full Member

    it wouldn’t be impossible for a 101 call handler to inadvertently give out misleading advice. They aren’t legal experts.

    At the very least, phone your local police, speak to an actual police officer, not civilian staff.

    I broadly agree with your point, but I doubt that your “actual police officer” is any more likely to be a legal expert than a 101 call handler. What you want there is a solicitor, ideally a specialist one.

    I’m no lawyer either, but the law doesn’t seem particularly ambiguous here to me. You’re hanging a potential jail sentence on “It was my grandfather’s, your honour, it was just in the house. I’d never use it, I’m a nice middle-class white boy.”

    It’s a nice thing, but I really wouldn’t be having it readily accessible. Aside from anything else, is a burglar likely to find it?

    imnotverygood
    Full Member

    The problem with statistics is that they can be slippery creatures. One could argue, for instance, that young black men are more likely to be caught with blades because an institutionally racist police force is actively targeting them as a profile for a stop & search. Possibly.

    Difficult to argue with the stats if it’s based on the people convicted of doing the stabbing.
    I’m playing devils advocate here, but the basic sense of the complaint is that unlike guns, which are weapons, knives are tools as well as weapons. If you accept the purpose of the law is to prevent people being stabbed, not to ban knives per se and if you are convicting people who have no intention of stabbing anybody then it is obviously a bad law.
    EDIT the issue we have on this thread is that there are people who aren’t carrying knives as weapons but who nevertheless don’t actually have a reasonable argument for carrying them.

    blokeuptheroad
    Full Member

    My brother & I never did get the knives although she brought home the empty boxes which, tantalisingly, had detailed pictures of the knives on them.

    In the late 1980s I was in an army bomb disposal unit based in Ashford, Kent. One of the more routine jobs was ‘milk runs’. Regularly doing a trawl of all the local police stations in Kent and East Sussex to collect surrendered or confiscated ammunition and explosives for disposal.

    100s of kilos every year. Because of where we were, a big part of it was stuff bought back from France and Belgium by school day trips. We only took the chemicals/ammo/explosives – but got to see all the hardware lifted too.

    Fireworks by the carrier bag full, shotgun cartridges, CS sprays, extendible batons, swords, knuckle dusters, tear gas guns, even on one occasion a 9mm rimfire shotgun  and a black powder cap & ball revolver (no licence required in France at the time). All taken from kids!

    The cops and customs were wise to it, so they confiscated loads, but I’m sure lots got through!

    Ewan
    Free Member

    Anyone found a definition of machete for me the new ban? I use one for clearing brambles in the garden. It’s just a normal one rather than a zombie one tho. Seems there will be a handing in scheme in the summer but I can’t actually find what they’re calling a machete.

    blokeuptheroad
    Full Member

    I broadly agree with your point, but I doubt that your “actual police officer” is any more likely to be a legal expert than a 101 call handler. What you want there is a solicitor, ideally a specialist one.

    Agreed. But if you got an incident number and recorded their details at least there would be a record that you’d tried in good faith to do the right thing. But yes, a solicitor would be the safest option. Or just surrender it to the police.

    dissonance
    Full Member

    “a zombie-style knife is any bladed weapon over eight inches in length with a plain cutting edge and sharp pointed end that also has either a serrated cutting edge, more than one hole in the blade, or multiple sharp points like spikes.”

    From here

    sc-xc
    Full Member

    billhooks

    Never Mind those. We’re talking about knives.

    blokeuptheroad
    Full Member

    Never Mind those. We’re talking about knives.

    OED

    bill-hook, n.

    A heavy thick knife or chopper with a hooked end, used for pruning, cutting brushwood, etc.

    sc-xc
    Full Member

    🙄

    convert
    Full Member

    In the late 1980s I was in an army bomb disposal unit based in Ashford, Kent.

    Random aside….

    Templer?

    I was JSIO there. Probably a little later than you – ’91.

    Ewan
    Free Member
    blokeuptheroad
    Full Member

    Templer?

    Yep. As a Sgt. There was a detachment of 621 EOD Coy (later Sqn) there. The det later moved to Shornecliffe.

    I came back to 621 Sqn as an LE Capt in 2000- 2004 based at the Sqn HQ at RAF Northholt.

    I made a good few mates from the Int Corps, whilst at Ashford some of whom I’m still in touch with.

    convert
    Full Member

    Sounds like machete and combo saws are now banned then. Pretty stupid.

    I don’t think they are, as above. If they were, are you suggesting the website you are linking to is openly selling banned and illegal ‘weapons’?

    Vader
    Free Member

    Never Mind those. We’re talking about knives.

    underrated post

    Ewan
    Free Member

    any bladed weapon over eight inches in length with a plain cutting edge and sharp pointed end that also has either a serrated cutting edge, more than one hole in the blade, or multiple sharp points like spike

    This is why the legislation would be helpful, which I don’t think has been published yet and the ban isn’t yet in force. The description is poorly phrased, but I reckon that’s included.

    1) bladed weapon over 8 inches – check
    2) sharp pointed end – check
    3) plain cutting edge – check
    4) either a serrated cutting edge (check) or more than one whole in the blade or multiple sharp points – check

    Not illegal to sell presumably until the ban is in force?

    blokeuptheroad
    Full Member

    underrated post

    I got the impression something had gone straight over the top of my head ☺️. A not uncommon occurrence!

    imnotverygood
    Full Member

    underrated post

    Yes.. I was going to add something about the main problem isn’t those things but is instead deactivated hand guns being converted to fire. But I thought it might be over egging the pudding.

    redthunder
    Free Member

    Would a WW1 bayonet be illegal to own now ? Say 17″ in length.

    Can they be passed onto a museum or something ?

    Ewan
    Free Member

    Over 100 years old so fine.

    blokeuptheroad
    Full Member

    Don’t take my word for it, IANAL but…

    As it’s indisputably more than a 100 yo if it’s definitely WW1 and not a repro, it’s probably OK.

    I’ve got a WW2 spike bayonet for a Lee Enfield. So a bit younger. I’m not entirely sure of it’s legality – gulp! I think it’s OK?? It would be a little ironic if I had to get rid, as I am legally allowed to own the live firing Lee Enfield rifle it belongs on the end of.

    funkmasterp
    Full Member

    Banning ownership seems a bit difficult to enforce. My FiL has a shed full of mad stuff. There’s probably machetes and knives in there. I also doubt he’s even aware of the changes in the law. I’d imagine most people are.

    anagallis_arvensis
    Full Member

    Got pulled over by the police many years ago, “he’s got a knife he’s got a knife” up against the van legs spread full works. “Why have you got a knife” “Just come from work at the farm” “how do we know that” “well I am covered in cow shit”…not sure it warranted a riot van and and several cars full of cops..

    Anyway after giving me a quick sniff they relented and let me on my way!

    trail_rat
    Free Member

    Banning ownership seems a bit difficult to enforce.

    You ain’t kidding. Would make a chef’s job challenging 😉

    greyspoke
    Free Member

    What leaps out to me (retired lawyer) from that definition of a machete is the use of the word “weapon”. It is either redundant or was put there to add meaning over eg “bladed thing” or “knife”.

    A court will assume it is there to add meaning. The way to find out what that meaning is, is to look up the surrounding documents and any debates, committee discussions in Hansard. Which I can’t be arsed to do, but I would guess the legislative intention was not to outlaw established work implements like billhooks and breadknives, and that would be apparent from the legislative history. That will be taken into account when the definition has to be interpreted.

    Of course, as we all know on STW a motor vehicle is a weapon, so check your motor for sharp and pointy bits.

    dyna-ti
    Full Member

    I’ll see if the STW have any croissants they can send you.

    Where no doubt you would find some handmade, I would expect that you may struggle however for any that have been rolled between virgin thighs.

    I fear that ship has long sailed.

    chewkw
    Free Member

    Of course, as we all know on STW a motor vehicle is a weapon, so check your motor for sharp and pointy bits.

    LOL! Typical lawyer playing with definition. LOL! I am imagining a court case where everyone is trying to argue the definition of a particular term and then referencing the origin of the word. LOL! Then prolong the session to get paid more LOL!

    Therefore, start again. Is a machete a weapon? If you are in other part of the world like South East Asia, you can buy machete almost everywhere. We use it for cutting the hedges, trees, as a hammer to break things, as a farming tool and, yes, to lop off body parts if nothing is available. Frankly, every household will have at least one machete. In the country side people would carry a machete on their waist belt when going to do farm work and is a common sight. The trend now is “sport machete” where the purpose is to show off how nice looking the machete is and how good the quality can be. People will treat their machete like their precious and never use it on dirt.

    blokeuptheroad
    Full Member

    We went on a family trip to Grenada once about 20 years ago. One day we hired a soft top Jeep and took a mooch around the Island. On one tiny road we came across a gang of about 8 or 9 teenage males walking towards us on the road and completely blocking it. Each of them had a massive, vicious looking machete in their hand, casually dangling at their side. It took a few terrifying seconds to compute, but I quickly realised they were farm workers who’d been cutting sugar cane in the fields at the side of the road.  My wife however was convinced we were going to be dismembered and the kids were completely oblivious! They were of course smiley and friendly when we got a bit closer!

    Ewan
    Free Member

    What leaps out to me (retired lawyer) from that definition of a machete is the use of the word “weapon”. It is either redundant or was put there to add meaning over eg “bladed thing” or “knife”.

    What was quoted earlier isn’t the legislation definition. I don’t think that’s been published yet.

    greyspoke
    Free Member

    LOL! Typical lawyer playing with definition. LOL! I am imagining a court case where everyone is trying to argue the definition of a particular term and then referencing the origin of the word. LOL! Then prolong the session to get paid more LOL!

    The whole point is you do not just reference the origin of the word, you try to find out what parliament intended by looking at what it said. Words can end up with unusual meanings as a result of this process. (As an aside, the law’s approach to meaning is that it always depends on ontext, so there is no one meaning of a word that the law must cleave to in all situations). So what might count as a weapon in parts of Asia is of little help to a court trying to interpret UK legislation.

    What is a court supposed to do when faced with a new statutory provision to apply to a particular set of facts? Laws need interpreting, it is unavoidable. And it is preferable that it is done in accordance with established principles, that is one aspect of what is meant be “the rule of law”.

    And it is not playing, peoples’ livelihoods and liberty may be at stake.

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