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A license for a katana?

  • 18-10-2009 7:05pm
    #1
    Registered Users, Registered Users 2 Posts: 8


    As some people know there has been a new law passed which disables somebody form importing katanas into ireland. What I am interested in is can you import one if you have a license? So is it possible to get a license?
    An answer would be much appreciated :):):)


Comments

  • Legal Moderators, Society & Culture Moderators Posts: 4,338 Mod ✭✭✭✭Tom Young


    I would imagine such an importation law is to stop or cut down on knife and sword crime. No idea about licencing regimes, might be better off over at martial arts should such a forum on boards.ie exist.

    I am gathering you refer to a Japanese Sword when you refer to a Katana, which may have valid uses in the context of martial arts such as Jiu-Jitsu.

    Tom


  • Registered Users, Registered Users 2 Posts: 8 bardinworld


    Ok I'll have a go over there but if anybody has any clue on the license thing then please post a reply here :)

    yes I do mean the japanese katana :D


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Sorry missed this.

    There is no legal importation of what are considered 'offensive weapons' to Ireland. Various different items are described as offensive weapons within the meaning of the Firearms and Offensive Weapons legislation and I think SI Number 66 of 1991 is definitive subject to the 2009 amendment (see below). Text is here http://www.irishstatutebook.ie/1991/en/si/0066.html (Firearms and Offensive Weapons Act 1990 (Offensive Weapons) Order 1991.

    As you probably know so from 1 Sept 2009 Katanas and Samurai Swords were added. That was done by S.I. 338 of 2009 - the Firearms and Offensive Weapons Act 1990 (Offensive Weapons) (Amendment) Order 2009. As I read that one, interacting that is with the earlier one, amongst other things swords of the type known as katanas are now prohibited, unless it was made before 1954 or believe or not, at any other time according to traditional methods for making swords by hand - simple possession in other words, of those two categories of katana remains legal.

    So, the ones on the 'blacklist' in the two SI's above are always illegal (that is there are no circumstances in which possession of them is legal) and you could never import them. The excepted categories of katana are a) legal for possession and b) can be imported without a license.

    The point on which care is required is the remainder of the legislation which stipulates that possession for unlawful purpose and similar is an offence, and generally (always in suspicious circumstances) puts an onus (in broad terms) on the person in possession to establish that they do not have it for a unlawful purpose rather than the other way around.

    Hope that helps.


  • Registered Users, Registered Users 2 Posts: 8 bardinworld


    so basically if it is traditionally hand made in Japan then it can be imported yes? I'm sorry didnt quite get your post completely.


  • Closed Accounts Posts: 2,857 ✭✭✭Reloc8


    Coler wrote: »
    amongst other things swords of the type known as katanas are now prohibited, unless it was made before 1954 or...at any other time according to traditional methods for making swords by hand - simple possession in other words, of those two categories of katana remains legal.

    Handmade anywhere, according to traditional methods (you'll have to educate me as to what the traditional methods are and whether a katana is only made in Japan and whatnot) or made before 1954, seem to me to be legal - possession of them that is.


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  • Registered Users, Registered Users 2 Posts: 8 bardinworld


    This must be a bummer for martial arts that use them.

    I don't know what the traditional methods are because they involve a good bit.

    So basically as long as they are traditionally made you can import them and posses them.


  • Closed Accounts Posts: 1,342 ✭✭✭Long Onion


    This must be a bummer for martial arts that use them.

    I don't know what the traditional methods are because they involve a good bit.

    So basically as long as they are traditionally made you can import them and posses them.

    As far as i know the traditional method involves using two different types of steel which react to the heat in different ways, as they cool at different rates the blade nturally curves, it is this process which gives the characteristic two tone blade and the flexible strength characteristic of the Katana.


  • Registered Users, Registered Users 2 Posts: 13,581 ✭✭✭✭kowloon


    The traditional method involves using steel produced in small quantities in a furnace built for that single batch. The kiln is broken up to retrieve the material and the pieces are hand picked by the sword smith. The folding of the steel was originally used to create a laminate the blade as the base material contained a large amount of slag.

    The modern live blades used in martial arts are usually made out of lower cost base metal such as powdered steel, while this sounds bad, modern steel is subject to stricter quality controls and allows gives the swordsmith a more homongenous material to work with.

    Very few traditional blades are made these days, and some purists would go as far as saying no 'Samurai swords' are made anymore as the Samurai caste itself was abolished during the Meiji Restoration.

    So technically, the government have their heads up their asses banning 'samurai swords'. They've watched too much TV and I'm not sure I'd trust some gob$hite from customs to be up to debating the finer points of the differences between an original Edo period blade and a piece of stainless steel made in China last year. I also find it retarded in the extreme that I can legally own any of a vast number of other types of sword but not a Japanese one as some idiot with too much time on his hands had imbued them with mystical powers.

    Either way I would make sure anything you buy is well labelled and customs are well aware of the consequences to be had if they f@$£ it up.

    /RANT


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