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Police Office Abusing his power and position

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  • antrobus
    antrobus Posts: 17,386 Forumite
    goater78 wrote: »
    The 1959 offensive weapon act made it illegal to sell a flick knife. Therefore if you own a flick knife in your house and this flick knife was acquired after 1959 then it has been bought illegally and can therefore be confiscated by the police.
    The only way you can legally have a flick knife in your house would be if it was bought before 1959 when it was legal to do so.

    The following links both say its illegal to own a flick knife, i am sure there are other links, these are just the first two that came up

    http://www.bbc.co.uk/radio1/advice/factfile_az/knives_guns_weapons.mp
    http://blog.lakelandbushcraft.co.uk/uk-knife-law-faq/


    The BBC source you cite states it "isn't illegal to own a knife in private, except flick knives", however the blog source says different "you can legally own a flick knife in your own home, providing it was in your possession before the 1959 Restriction of Offensive Weapons Act, came into effect."

    A much better source would be the Restriction of Offensive Weapons Act 1959 itself, see http://www.legislation.gov.uk/ukpga/Eliz2/7-8/37/section/1. It is a very short act, there is only one section, so it won't take long.

    As far as 'flick knives' go ROWA 1959 says that "any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire or lends or gives to any other person" such a knife is guilty of an offence, and also prohibits the importation of prohibited knives.

    There is nothing there that makes simple possession of a flick knife an offence.
  • Andy_L
    Andy_L Posts: 13,072 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 6 June 2012 at 9:02AM
    Arg wrote: »
    As far as I know there aren't any knives knifes that are illegal to posses unless they were looking for evidence to say he imported or trying to sell them.

    I think flick knives are sort-of illegal. You can have one in the home, but the act of getting it there in the first place (manufacture, sale, importation etc) is illegal

    Edit: see what hsappens if you post before reaching the end of a thread
  • System
    System Posts: 178,371 Community Admin
    10,000 Posts Photogenic Name Dropper
    antrobus wrote: »
    The BBC source you cite states it "isn't illegal to own a knife in private, except flick knives", however the blog source says different "you can legally own a flick knife in your own home, providing it was in your possession before the 1959 Restriction of Offensive Weapons Act, came into effect."

    A much better source would be the Restriction of Offensive Weapons Act 1959 itself, see http://www.legislation.gov.uk/ukpga/Eliz2/7-8/37/section/1. It is a very short act, there is only one section, so it won't take long.

    As far as 'flick knives' go ROWA 1959 says that "any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire or lends or gives to any other person" such a knife is guilty of an offence, and also prohibits the importation of prohibited knives.

    There is nothing there that makes simple possession of a flick knife an offence.

    Yes but as you can't legally buy a flick knife after this act owning one would be illegal unless it was bought before 1959
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • antrobus
    antrobus Posts: 17,386 Forumite
    goater78 wrote: »
    Yes but as you can't legally buy a flick knife after this act owning one would be illegal unless it was bought before 1959

    Read the Act.

    Selling a flick knife is an offence. Buying one isn't. Even importing one (in terms of the Act) isn't an offence; it's merely prohibited. There is nothing in the Act that makes mere possession of a flick knife an offence irrespective of when and how it was acquired.
  • antrobus
    antrobus Posts: 17,386 Forumite
    Arg wrote: »
    As far as I know there aren't any knives knifes that are illegal to posses unless they were looking for evidence to say he imported or trying to sell them.

    Yes, I think that's most likely to be the case. Although importing them isn't an offence in itself (*), it's simply that you're more likely to be found in possession if you try and bring them into the country. Get caught by customs with just one knife, and it will simply be confiscated, more than one and they'll assume that there was an 'intent to sell' which is a criminal offence, and so you will be charged.

    (* Although I don't know, because I haven't looked, whether or not there is some general offence of importing prohibited items. There might well be. The last Labour government created something like one new criminal offence for every day in office, so it's difficult to keep track.)
  • System
    System Posts: 178,371 Community Admin
    10,000 Posts Photogenic Name Dropper
    antrobus wrote: »
    Read the Act.

    Selling a flick knife is an offence. Buying one isn't. Even importing one (in terms of the Act) isn't an offence; it's merely prohibited. There is nothing in the Act that makes mere possession of a flick knife an offence irrespective of when and how it was acquired.

    I have read the act and i'm sorry but you are wrong. Please explain how its possible for someone to legally have obtained a flick knife in their house that they obtained after 1959?

    Inheriting or being given it is irelevant if the knife had been originally bought before 1959 as that is acceptable and does not violate the law.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • System
    System Posts: 178,371 Community Admin
    10,000 Posts Photogenic Name Dropper
    antrobus wrote: »
    Yes, I think that's most likely to be the case. Although importing them isn't an offence in itself (*), it's simply that you're more likely to be found in possession if you try and bring them into the country. Get caught by customs with just one knife, and it will simply be confiscated, more than one and they'll assume that there was an 'intent to sell' which is a criminal offence, and so you will be charged.

    (* Although I don't know, because I haven't looked, whether or not there is some general offence of importing prohibited items. There might well be. The last Labour government created something like one new criminal offence for every day in office, so it's difficult to keep track.)

    It is illegal to carry a flick knife around with you. Therefore having a knife on your in customs would violate the Criminal Justice act and not just be violating the 1959 import rule. The wording of the act is

    "
    "It is an offence for any person, without lawful authority or good reason, to have with him in a public place, any article which has a blade or is sharply pointed except for a folding pocket-knife which has a cutting edge to its blade not exceeding 3 inches." [CJA 1988 section 139(1)] "
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • antrobus
    antrobus Posts: 17,386 Forumite
    goater78 wrote: »
    It is illegal to carry a flick knife around with you. Therefore having a knife on your in customs would violate the Criminal Justice act and not just be violating the 1959 import rule. The wording of the act is

    "
    "It is an offence for any person, without lawful authority or good reason, to have with him in a public place, any article which has a blade or is sharply pointed except for a folding pocket-knife which has a cutting edge to its blade not exceeding 3 inches." [CJA 1988 section 139(1)] "

    Of course it is.

    But that doesn't change the fact that mere possession of a flick knife is not an offence in terms of the Restriction of Offensive Weapons Act 1959.
  • antrobus
    antrobus Posts: 17,386 Forumite
    edited 6 June 2012 at 12:11PM
    goater78 wrote: »
    It is illegal to carry a flick knife around with you. Therefore having a knife on your in customs ...

    If you carried them onto a plane you'd be more likely to be charged under the Aviation Security Act as it happens. That Act doesn't have any restrictions regarding the blade length for one thing.
  • adouglasmhor
    adouglasmhor Posts: 15,554 Forumite
    Photogenic
    Flyboy152 wrote: »
    Does that include lock knives and flick knives?

    Lock knives are not illegal to own, sell, make etc. You do need a valid reason to carry one in a public place.

    Flick knives, Balisong knives, push daggers, gravity knives, switchblades and disguised kives (lipstick knives, belt buckle knives, lighter knives etc.) are illegal to sell, make, own(unless grandfathred before the act).
    The truth may be out there, but the lies are inside your head. Terry Pratchett


    http.thisisnotalink.cöm
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