Sword legality

Krieg

I was under the impression that legislation was brought in a couple years ago banning swords (replica and real), I also remember a 'knife amnesty' around the same time. But I see that these swords are still being sold in many shops.

So whats the actual law regarding ownership of these weapons?

Seems like a very grey area of the law. I remember a local case about 3 years ago in which a guy without tax on his car was pulled over, gardai found a replica sword in the boot, still in its packaging. The guy was still charged for having the weapon. So it seems like you may purchase a sword, but as soon as you step out the door into the public, you are in breach of the law and can be arrested.

johnnyskeleton

Having any blade or pointed object in a public place is an offence, but it is a good defence to show that you had it for a legitimate purpose.

Having a sword in private, or having it in public with a legitimate purpose for doing so (e.g. going to fencing class) is not an offence, but having it in public without such a purpose is a criminal offence.

There is also an offence of production of a knife, and if it is carried in a threatening manner this could be assault.

Nevyn

Asbad wrote: »

I was under the impression that legislation was brought in a couple years ago banning swords (replica and real), I also remember a 'knife amnesty' around the same time. But I see that these swords are still being sold in many shops.

That was a change in law in the UK not here.

Asbad wrote: »

So whats the actual law regarding ownership of these weapons?

There is no restriction to owning a sword and carrying it if you are doing so for a legitimate reason and can prove it, there are laws about brandishing a sword and carrying it concealed.

Tom Young

I believe possession of things, according to the Theft and Fraud Offences S.15, poses a problem for owners. Far as I know that was amended in 2007, I just can't remember if a defense was added or whether I dreamt that up!

Tom Young

Section 47 of 2007, CJA.

Amendment of section 15 of the Criminal Justice (Theft and Fraud
Offences) Act 2001
Section 47 inserts a new paragraph (aa) in subsection (1) of section
15 of the Criminal Justice (Theft and Fraud Offences) Act 2001
which makes it an offence for a person to be in possession of any
article with the intention that it be used in the commission of the
offence of robbery. A new subsection is substituted for subsection
(2) of section 15 which provides that it shall be a defence for a person
to demonstrate that the article was not in his or her possession for
the purposes of committing any of the offences specified in subsection
(1) of section 15. This section also increases to \5,000 the
maximum fine for the offence of withholding information in relation
to stolen property under section 19 of the 2001 Act.

Seems I am an elephant.

Krieg

Thaedydal wrote: »

That was a change in law in the UK not here.

Ah yes your right, I remember now


Thanks for all the replys everyone . This question was genuinely wrecking my head for a while.

Matter93

Another question visa vie sword possession; supposing I want to openly carry a sword in public (katana/cutlas on my belt), with no criminal intent or for recreational purposes (fencing etc.), is there any legal reason why I can or cannot do this?

234

Matter93 wrote: »

Another question visa vie sword possession; supposing I want to openly carry a sword in public (katana/cutlas on my belt), with no criminal intent or for recreational purposes (fencing etc.), is there any legal reason why I can or cannot do this?

Fencing uses foils which are not sharpened. Also, such activities take place indoors and the instruments are transported to and from events, not just carried on the waist. Are there any actual sports in Ireland that involve fencing with sharpened blades?

Bepolite

Chav hunting, Burgler Kebabing.

Pat Mustard

Matter93 wrote: »

Another question visa vie sword possession; supposing I want to openly carry a sword in public (katana/cutlas on my belt), with no criminal intent or for recreational purposes (fencing etc.), is there any legal reason why I can or cannot do this?

Katanas or 'samurai swords' (their wording) have been listed as offensive weapons and are therefore illegal to possess under the 2009 Offensive Weapons Order, due to the genius of Dermot Ahern, the man who also brought us the blasphemy law. There are exceptions for antique katanas and martial artists.

Other swords have not been specified as offensive weapons.

Will insert link later.

BornToKill

http://justice.ie/en/JELR/Offensive%20Weapons%20Order%202009.pdf/Files/Offensive%20Weapons%20Order%202009.pdf

Both samurai and katana are used as terms to describe these swords in the Order.

Pro Hoc Vice

The relevant sections of the following are section 9 and 12 http://www.irishstatutebook.ie/1990/en/act/pub/0012/

Section 9 deals with possession and 12 deals with manufacture, sale etc.

Under section 12 the minister has produced a number if SI's designating different things as offensive weapon,

http://www.irishstatutebook.ie/1991/en/si/0066.html

http://www.irishstatutebook.ie/2009/en/si/0338.html



“(r) the sword sometimes known as samurai or katana, other than such a sword—

(i) made before 1954, or

(ii) made at any other time according to traditional methods of making swords by hand.”.


As can be seen only such traditional sword made after 1954 or such sword not made by hand and traditional skills after 1954 can not be imported.

amen

Does this apply to military officers?

Pro Hoc Vice

amen wrote: »

Does this apply to military officers?

The answer is contained in the Act quoted above,

"(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that he had good reason or lawful authority for having the article with him in a public place."

Ill step out on a limb and say an Officer has lawful authority.

Carawaystick

infosys wrote: »

The answer is contained in the Act quoted above,

"(2) It shall be a defence for a person charged with an offence under subsection (1) to prove that he had good reason or lawful authority for having the article with him in a public place."

Ill step out on a limb and say an Officer has lawful authority.

Iff the military authority is recognised, I doubt Gerry Adams has lawful authority....

I'm sure paramilitaries are allowed, just the ones from France/Spain/Italy, not from the UK.....

Pro Hoc Vice

Carawaystick wrote: »

Iff the military authority is recognised, I doubt Gerry Adams has lawful authority....

I'm sure paramilitaries are allowed, just the ones from France/Spain/Italy, not from the UK.....

I have never seen Gerry Adams wearing a sword. I would doubt any paramilitary members have lawful authority, as paramilitary members are civilian.

seamus

infosys wrote: »

As can be seen only such traditional sword made after 1954 or such sword not made by hand and traditional skills after 1954 can not be imported.

Yep. The primary purpose of the legislation is to crack down on the import of "decorative" swords and cheap ones that would typically be imported as offensive weapons, those who are collectors or aficionados (or who use proper swords in martial arts) remain unaffected by the ban.

Skerries

so if it is in your own home and never brought outside it is legal?

amen

how would find out if an officer is lawful authority ? Just curious.

seamus

Skerries wrote: »

so if it is in your own home and never brought outside it is legal?

Yes, but remember that if you don't already own one, there's no way to legally get one of the prohibited items.

Bepolite

amen wrote: »

how would find out if an officer is lawful authority ? Just curious.

Ask him/her.

Victor

amen wrote: »

how would find out if an officer is lawful authority ? Just curious.

Said officer would have been issued with permission to wear said sword by the military authorities.

DesperateDan

My brother bought a very nice Sting replica (from Lord of the Rings) off the internet. I've always wondered about the legality of such items though

Witcher

DesperateDan wrote: »

My brother bought a very nice Sting replica (from Lord of the Rings) off the internet. I've always wondered about the legality of such items though

Nothing wrong with it, it's not a katana.

DesperateDan

Blay wrote: »

Nothing wrong with it, it's not a katana.

So a short sword is okay to walk around the town with but a katana isn't? Confusing

Witcher

DesperateDan wrote: »

So a short sword is okay to walk around the town with but a katana isn't? Confusing

You can't walk around town with any bladed instrument unless you have an adequate reason.

Katanas are the only swords outlawed in Ireland.

Pat Mustard

DesperateDan wrote: »

So a short sword is okay to walk around the town with but a katana isn't? Confusing

It's simpler to think of it in terms of being okay to hang a shortword on your wall, but not a katana.