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offensive v/s. defensive.

  • 12-06-2014 12:26am
    #1
    Registered Users, Registered Users 2 Posts: 109 ✭✭


    I see a lot of charges against people for carrying offensive weapons but never any for carrying defensive ones why is this ?


Comments

  • Registered Users, Registered Users 2 Posts: 4,632 ✭✭✭Aint Eazy Being Cheezy


    I often wondered why there's only one competition authority.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    kikidelvin wrote: »
    I see a lot of charges against people for carrying offensive weapons but never any for carrying defensive ones why is this ?

    What is a defensive weapon?

    An example


  • Closed Accounts Posts: 7,624 ✭✭✭Little CuChulainn


    If you can name one weapon that cannot be used offensively you may have found a legal loop hole.


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    An offensive weapon is one as defined in the firearms and offensive weapons act, it is open under that act to claim you had the weapon for legitimate purposes.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    Zambia wrote: »
    What is a defensive weapon?

    An example

    shield2.jpg

    :D


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  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    By jove, Bepolite has got it.

    OP, you may carry a shield.


  • Closed Accounts Posts: 2,611 ✭✭✭Valetta


    Anytime I accuse my wife of the smallest misdemeanour she turns into a defensive weapon.

    Is it illegal for me to walk down the street holding hands with her?


  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Valetta wrote: »
    Anytime I accuse my wife of the smallest misdemeanour she turns into a defensive weapon.
    You're lucky, mine becomes very much offensive.


  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Is 'defensive weapon' an oxymoron?

    Defensive items: bulletproof vest, shield (as above), helmets of any type, knee/elbow pads. All legal.


  • Registered Users, Registered Users 2 Posts: 1,128 ✭✭✭Staplor


    Hold up, didn't a chap use a shield to decapitate someone in the movie Gladiator?


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  • Closed Accounts Posts: 3,347 ✭✭✭No Pants


    Legal:

    batfink-content-img.png


  • Registered Users, Registered Users 2 Posts: 109 ✭✭kikidelvin


    I was watching a program about the police in the U.K .They had stopped a car and found one of those police telescopic batons .The officer went on to say that a lot of serious damage could be done with one of these items.My question is the police officers that carry one say it is for defensive purposes yet the car owner was done for having an offensive weapon .I am still a bit confused.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    kikidelvin wrote: »
    I was watching a program about the police in the U.K .They had stopped a car and found one of those police telescopic batons .The officer went on to say that a lot of serious damage could be done with one of these items.My question is the police officers that carry one say it is for defensive purposes yet the car owner was done for having an offensive weapon .I am still a bit confused.

    The police officer has a clear reason for having the item.

    The motorist does not.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    kikidelvin wrote: »
    I was watching a program about the police in the U.K .They had stopped a car and found one of those police telescopic batons .The officer went on to say that a lot of serious damage could be done with one of these items.My question is the police officers that carry one say it is for defensive purposes yet the car owner was done for having an offensive weapon .I am still a bit confused.

    The police officers job put him/her in a situation where they can not avoid confrontation (in certain circumstances). Their duty dictates that they may have to risk themselves to prevent a member of the public from being injured. They are therefore armed and trained appropriately.

    The public at large are expected to extricate themselves from situations where ever possible, there are numerous reasons why this is in the public interest and therefore legislated for.

    If we take the view that an armed society is a safe society then we adopt the US model - I suggest you to draw your own conclusions on that one.


  • Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    Bepolite wrote: »
    If we take the view that an armed society is a safe society then we adopt the US model - I suggest you to draw your own conclusions on that one.

    Or ask the parents of Trayvon Martin.


  • Registered Users, Registered Users 2 Posts: 109 ✭✭kikidelvin


    Bepolite wrote: »
    The police officers job put him/her in a situation where they can not avoid confrontation (in certain circumstances). Their duty dictates that they may have to risk themselves to prevent a member of the public from being injured. They are therefore armed and trained appropriately.

    The public at large are expected to extricate themselves from situations where ever possible, there are numerous reasons why this is in the public interest and therefore legislated for.

    If we take the view that an armed society is a safe society then we adopt the US model - I suggest you to draw your own conclusions on that one.
    What a load of tosh,I would rather have a baton in my hand when I am about to be mugged than all the legislation in the land.


  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite


    kikidelvin wrote: »
    What a load of tosh,I would rather have a baton in my hand when I am about to be mugged than all the legislation in the land.

    What if the mugger has a gun?

    Also never underestimate the stopping power of a copy of Blackstone's statutes.


  • Closed Accounts Posts: 7,333 ✭✭✭Zambia


    kikidelvin wrote: »
    What a load of tosh,I would rather have a baton in my hand when I am about to be mugged than all the legislation in the land.

    That is fair enough and you are right. However if stopped by police and the item is found and you are subsequently charged see the act below a quick google revealed.
    9.—(1) Subject to subsections (2) and (3), where a person has with him in any public place any knife or any other article which has a blade or which is sharply pointed, he shall be guilty of an offence.

    (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.

    (3) Without prejudice to the generality of subsection (2), it shall be a defence for a person charged with an offence under subsection (1) to prove that he had the article with him for use at work or for a recreational purpose.

    (4) Where a person, without lawful authority or reasonable excuse (the onus of proving which shall lie on him), has with him in any public place—

    (a) any flick-knife, or

    (b) any other article whatsoever made or adapted for use for causing injury to or incapacitating a person,

    he shall be guilty of an offence.

    (5) Where a person has with him in any public place any article intended by him unlawfully to cause injury to, incapacitate or intimidate any person either in a particular eventuality or otherwise, he shall be guilty of an offence.

    (6) In a 9.—(1) Subject to subsections (2) and (3), where a person has with him in any public place any knife or any other article which has a blade or which is sharply pointed, he shall be guilty of an offence.

    (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.

    (3) Without prejudice to the generality of subsection (2), it shall be a defence for a person charged with an offence under subsection (1) to prove that he had the article with him for use at work or for a recreational purpose.

    (4) Where a person, without lawful authority or reasonable excuse (the onus of proving which shall lie on him), has with him in any public place—

    (a) any flick-knife, or

    (b) any other article whatsoever made or adapted for use for causing injury to or incapacitating a person,

    he shall be guilty of an offence.

    (5) Where a person has with him in any public place any article intended by him unlawfully to cause injury to, incapacitate or intimidate any person either in a particular eventuality or otherwise, he shall be guilty of an offence.

    (6) In a prosecution for an offence under subsection (5), it shall not be necessary for the prosecution to allege or prove that the intent to cause injury, incapacitate or intimidate was intent to cause injury to, incapacitate or intimidate a particular person; and if, having regard to all the circumstances (including the type of the article alleged to have been intended to cause injury, incapacitate or intimidate, the time of the day or night, and the place), the court (or the jury as the case may be) thinks it reasonable to do so, it may regard possession of the article as sufficient evidence of intent in the absence of any adequate explanation by the accused.

    (7) (a) A person guilty of an offence under subsection (1) shall be liable on summary conviction to a fine not exceeding £1,000 or to imprisonment for a term not exceeding twelve months or to both.

    (b) A person guilty of an offence under subsection (4) or (5) shall be liable—

    (i) on summary conviction, to a fine not exceeding £1,000 or to imprisonment for a term not exceeding twelve months or to both, or

    (ii) on conviction on indictment, to a fine or to imprisonment for a term not exceeding five years or to both.

    (8) In this section “public place” includes any highway and any other premises or place to which at the material time the public have or are permitted to have access, whether on payment or otherwise, and includes any club premises and any train, vessel or vehicle used for the carriage of persons for reward.

    (9) In this section “flick-knife” means a knife—

    (a) which has a blade which opens when hand pressure is applied to a button, spring, lever or other device in or attached to the handle, or

    (b) which has a blade which is released from the handle or sheath by the force of gravity or the application of centrifugal force and when released is locked in an open position by means of a button, spring, lever or other device.



    So in laymans terms if my reading is correct. If you carry it your guilty.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard




  • Closed Accounts Posts: 2,737 ✭✭✭Bepolite



    Taking his life in his hands there - open that inside!


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  • Registered Users, Registered Users 2 Posts: 109 ✭✭kikidelvin


    Many thanks for the comments and replies ,leaves a lot to think about.I think perhaps a Gun and a selection of needles is what I will need as these items were not mentioned .


  • Closed Accounts Posts: 6,087 ✭✭✭Pro Hoc Vice


    kikidelvin wrote: »
    Many thanks for the comments and replies ,leaves a lot to think about.I think perhaps a Gun and a selection of needles is what I will need as these items were not mentioned .

    Gun is covered under other legislation and needles are covered.


    Possession of knives and other articles.

    9.—(1) Subject to subsections (2) and (3), where a person has with him in any public place any knife or any other article which has a blade or which is sharply pointed, he shall be guilty of an offence.


  • Registered Users, Registered Users 2 Posts: 14,048 ✭✭✭✭Johnboy1951


    Just carry that axe shaped weapon so beloved of the Irish ..... a hurley ..... should be no problem claiming it is for recreational purposes ;)


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