Select Page

The phrase “good reason or lawful authority” in paragraph 4 is intended to permit the possession of knives with “common sense, so it is legal to carry a knife if there is a good reason to do so. Paragraph 5 provides some specific examples of good reasons: a knife to be used at work (e.g., a chef`s knife), as part of a national costume (e.g., a sgian dubh for Scottish Highland clothing), or for religious reasons (e.g., a Sikh Kirpan). But even these specific legal exceptions have sometimes proven useless for knife owners. [64] It is important to note that exceptions for “valid reasons or legal authority” may be difficult to identify for those who do not use a knife in the course of their professional activity, but only because the knife is necessary in an emergency or for occasional purposes. [65] [66] Only certain knives are considered “melee weapons” and are regulated in Russia, others are common and completely unregulated tools,[47] but their violent use is considered an “improvised weapon” and is an aggravating circumstance when the charge of aggressive behavior is laid,[48] and local regulations may prevent “dangerous objects” from being brought to certain events or undertakings. The crux of knife regulation in Russia lies in the fact that the decision as to whether the knife in question is an unregulated weapon or tool is entirely in the opinion of a certified expert or an authorized certification body. [49] In practice, this means that there is no legal difference between the knife as a tool and as a weapon, and most of the examples given can also be taken into account, the only difference being that the certificate issued by an authorized body and any knife holding this certificate are expressly legal. Certifying knives as a tool is not difficult, and most manufacturers and importers do this by issuing a copy of a certificate with the knife during the sale, which can be presented to the police in the event of an investigation. However, the unauthorized possession, creation, sale and transport of bladed weapons was decriminalized in 2001 and is now only a civil offense, involving a penalty of between 500 and 2000 rubles ($ 7.5 to 30) and / or a ban on the possession of a blade weapon for 6 months to a year.

Carrying a knife for self-defense (but not for other needs) is also prohibited. [50] For knives that are considered weapons, the law prohibits only throwing knives and automatic and gravimetric counters with blades larger than 9 cm (3.5 inches) (shorter blades are allowed, provided the owner has the appropriate authorization). [51] The German Knife Act defines three categories of knives: 1) prohibited knives; 2) knives, called cutting and impact weapons; and 3) other knives. Some knives are also classified as restricted because they can be owned at home or in the store, but cannot be worn on the person. [28] In addition, section 42(5) of the Arms Act gives each Land the possibility to enact local regulations in certain areas prohibiting the carrying of weapons “and dangerous objects” in the so-called “weapons prohibition zones” for the protection of public safety and order. [28] In Berlin and Hamburg, “no-gun zones” have been enacted. [28] Although English law insists that the onus is on the prosecution to provide evidence that a crime has been committed, a person must provide evidence to prove that they had a “good reason or legal authority” to carry a knife when detained (if so). Although this appears to be a reversal of the usual burden of proof, the prosecution has already technically proven the case (prima facie) by establishing that a knife was carried in a public place (see Reducing Violent Knife Crime Act, 2006, etc.; New powers to combat gun and knife crimes) No one wants to come into conflict with the law when travelling, especially abroad. Basically, the legal regulations for knives in all European countries are always similar: There is often an upper limit for the length of the blade that can be worn. Regular wearing also requires a “legitimate reason” or “legitimate purpose”. And in the end, almost all countries have a list of cutting tools, each of which is considered a prohibited item: transport to these countries can lead to a severe penalty if caught.

An important note first of all: Even if the description of the legal situation in the different countries has been compiled to the best of our knowledge and conviction, it is necessary to familiarize yourself again with it in case of doubt. In addition, all4shooters.com would like to point out that it is not always necessarily wise and appropriate to do so simply because something may be legal. Precisely because there are practically no rules for carrying knives in Austria or the Czech Republic, for example, it is strongly discouraged to walk around the city center of Vienna or Prague with a combat knife or sword openly worn in the style of a Japanese katana. The penalties – for violations of the above laws on carrying a knife in public – are in most cases only fines (usually DKK 3000 or more) – but in case of repeated illegal carrying of knife or for the serious illegal carrying of knives, you can go to jail (usually 40 days – but maximum it is 2 years). The Danish police, the army, the state authorities and the Royal Court of Justice of the Kingdom of Denmark are exempt from this legislation. [21] [24] [25] The New Jersey Supreme Court ruled in State v. Lee (1984) that a law prohibiting a person who knowingly possesses a weapon other than certain firearms is constitutional “guilty of a fourth-degree crime in circumstances that are manifestly not suitable for such lawful uses”, and that “the intention to use it for an unlawful purpose” is not an element of the offence; [135] State v. Wright (1984) that he was justified in prosecution for tying a knife to his leg; [136] State v Blaine (1987) that walking in public with a pocket knife in one`s pocket is not enough for a conviction; [137] State v.

Riley (1997) that wearing but not showing or waving a pocket knife is not sufficient for a conviction; [138] State v. Montalvo (2017) that the possession of a machete in the house for self-defense is protected by the Constitution. [139] In France, any knife of any blade length with a fixed blade or a folding blade with locking system is classified as an unregulated Category D weapon (Category D weapons over-the-counter). [26] Category D unregulated weapons can be purchased legally if they are over the age of 18, but they must not be worn on their own bodies unless they are worn “for a good reason,” for example as part of the tools of one`s own profession.

Open chat
bonjour comment nous pouvons vous aider