Is this pen knife legal?
Discussion
https://www.gov.uk/buying-carrying-knives
Based on that, if the blade can be locked in place when open then it's illegal to carry in public
Based on that, if the blade can be locked in place when open then it's illegal to carry in public
Matt172 said:
https://www.gov.uk/buying-carrying-knives
Based on that, if the blade can be locked in place when open then it's illegal to carry in public
...Based on that, if the blade can be locked in place when open then it's illegal to carry in public
without reasonable excuse
the fact it's attached to a bunch of other tools makes a fairly good excuse in almost any circumstance
Nothing illegal about that knife. Go into a Victorinox shop and you will see many similar with smaller and larger blades. As the blade is just over 3" you should have a good reason to carry it in public. I used to always have such a knife on me in the pocket of my overalls as it was essential for my work.
If it a Rucksack, i had one of these and it was confiscated by Dover Harbourboard Police, apparently i was a threat to security taking it on the ferry to france, its something id done for months and id been stopped loads of times but this time it was a yellow vest and yellow jacket wearer,you know an extra health and safety dick,he took it and handed to the police who probably "destroyed it/took it home for themselves".
It buggrered my day completely as i used the knife constantly for my work. Bought a smaller but much sharper one the next day.
It buggrered my day completely as i used the knife constantly for my work. Bought a smaller but much sharper one the next day.
RUNAMOK said:
Nothing illegal about that knife. Go into a Victorinox shop and you will see many similar with smaller and larger blades. As the blade is just over 3" you should have a good reason to carry it in public. I used to always have such a knife on me in the pocket of my overalls as it was essential for my work.
The length isn't relevant because if it locks it isn't a 'folding pocket knife' for the purposes of the legislation. It's a defence if the defendant can show on the balance of probabilities that:
He had "good reason or lawful authority" for having the bladed or pointed article; or
He had the article for use at work; or
He had the article for religious reasons; or
He had the article as part of a national costume.
The next consideration is around 'offensive weapons'. A lock knife is an offensive weapon per se, which means the prosecution don't need to prove the person in possession had any intention of using it. However, an offensive weapon per se needs to be made to injure someone, and clearly the knife you've presented isn't made to injure someone, so I'm not sure how that'd work out with this area of law.
http://www.cps.gov.uk/legal/l_to_o/offensive_weapo...
Edited to say ignore the bold (excluding this sentence).
Edited by anonymous-user on Sunday 16th August 21:15
La Liga said:
RUNAMOK said:
Nothing illegal about that knife. Go into a Victorinox shop and you will see many similar with smaller and larger blades. As the blade is just over 3" you should have a good reason to carry it in public. I used to always have such a knife on me in the pocket of my overalls as it was essential for my work.
The length isn't relevant because if it locks it isn't a 'folding pocket knife' for the purposes of the legislation. It's a defence if the defendant can show on the balance of probabilities that:
He had "good reason or lawful authority" for having the bladed or pointed article; or
He had the article for use at work; or
He had the article for religious reasons; or
He had the article as part of a national costume.
The next legislation is around 'offensive weapons'. A lock knife is an offensive weapon per se, which means the prosecution don't need to prove the person in possession had any intention of using it. However, an offensive weapon per se needs to be made to injure someone, and clearly the knife you've presented isn't made to injure someone, so I'm not sure how that'd work out with this area of law.
http://www.cps.gov.uk/legal/l_to_o/offensive_weapo...
Possessing a Bladed Article in Public, Possessing a Knife in Public
Possessing a bladed article in a public place is a criminal offence under section 139(1) of the Criminal Justice Act 1988.
If you are accused of possessing a bladed article in a public place, the prosecution must prove that:
You were in a public place,
You had an item in your possession with a blade or sharp point, and
You did not have a good reason or lawful authority for having the item with you.
This offence does not apply to folding knives that have blades shorter than 7.62cm (3 inches), providing they do not have a mechanism to lock the blade in an open position. If the item is a lock knife, it is an offence to have that item in public without a good reason even if the blade is under 3 inches in length
I think it treads a fine line. If you were unlucky/didn't come up with a decent story you *might* get it confiscated. It depends on circumstances. On a camping trip, no problem whatsoever. "It's for me to cook my dinner officer". Near a football stadium on Saturday, I'd want a good reason to ahev it in my pocket.
I've carried a smaller SA knife for 25 years, every day. I use it at work, even if it's only for my lunch. Other times it's been used to help me carry out my work duties, or those of someone else, even if it's only to clear pallet wrap from a pallet truck's wheel. Am I going to call an engineer for that one or tell the operator "look the other way a minute, you didn't see this"?
I've carried a smaller SA knife for 25 years, every day. I use it at work, even if it's only for my lunch. Other times it's been used to help me carry out my work duties, or those of someone else, even if it's only to clear pallet wrap from a pallet truck's wheel. Am I going to call an engineer for that one or tell the operator "look the other way a minute, you didn't see this"?
In dinghy rescue/safety all blades lock so that if you are cutting wire or rope under water when someone (or yourself) are trapped then your hand is not as risk.... If you look at divers they don't have blades that fold away in preference for a large fixed blade but when you need to be more mobile then most people use folding lock blades.
Marcellus said:
In dinghy rescue/safety all blades lock so that if you are cutting wire or rope under water when someone (or yourself) are trapped then your hand is not as risk.... If you look at divers they don't have blades that fold away in preference for a large fixed blade but when you need to be more mobile then most people use folding lock blades.
Fair enough whilst on the water - divers / sailors carry all sorts of cutting gear. You could justify carrying to and from work - like a chef would but might struggle accounting for it otherwise- again - Plod would need a reason to search you / your car in the first place.My sons a keen dinghy sailor and carried something similar but it wasalways left at home or at the club - hi doesnt drive round with it in his carMy knife stays with my "dry kit",
my "dry kit" stays in the car as i work at several centres plus i sail for fun mid week and at weekends.
Therefore my knife is pretty much in the car at all times.
The point is "just" because it's a lock knife doesn't mean it's illegal
my "dry kit" stays in the car as i work at several centres plus i sail for fun mid week and at weekends.
Therefore my knife is pretty much in the car at all times.
The point is "just" because it's a lock knife doesn't mean it's illegal
Edited by Marcellus on Sunday 16th August 20:42
La Liga said:
A lock knife is an offensive weapon per se
Is this a result of case law in E&W? The majority of lock knives (excluding flick knives, gravity knives etc.) aren't made for causing injury to a person and would fall outside the scope of being a "made" offensive weapon. Certainly in Scotland the fact that a knife had a locking blade wouldn't automatically mean it was considered an offensive weapon.
Cat
Cat said:
La Liga said:
A lock knife is an offensive weapon per se
Is this a result of case law in E&W? The majority of lock knives (excluding flick knives, gravity knives etc.) aren't made for causing injury to a person and would fall outside the scope of being a "made" offensive weapon. Certainly in Scotland the fact that a knife had a locking blade wouldn't automatically mean it was considered an offensive weapon.
Cat
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