legal advice regarding carrying weapons in public?

Question

hi there, if one is a qualified Martial Artist Instructor, whom is fully qualified, insured and liable for upto £5 million for any damage caused to his/her pupils within the dojo. Is nationally recognised by the government - does he/she need to carry additional licence to carry a weapon (which is concealed at all times from the members of public) to-and from the dojo (class) by means of public transport (the weapons are used soley as a prop in self defence techniques) or does this licence to teach the Martial Art in question cover this? (The Martial Art in question does expressly state that weapons are apart of the class) I'm asking in concern to the stop and searh powers of police, as i realise if one was in such a situation then one would have rather a hard time explaining one self!

Please Note: The Martial Art's Instructor ALWAYS carries their Instructors licence around with them, whether or not teaching or practiceing.

Thank You very much in advance

I think many of you are missing the point. It is not for personal protection. I am asking about the transportation of these weapons to and from the class.

it may help to know I live in the UK.

Answer 1

Ok this comes from 3 years as a copper and 5 years teaching martial arts.

Firstly lets define weapon. there are certainthings which aren't allowed in public at all.
Shuriken, or death/ninja stars
nunchuku's and various incapacitent sprays

This is defined under Uk law as a prohibited article! sorry but you'll get nicked no matter hwat your reason for having it!

Lets move on to short staff, katana bokken, and other various weaponry.

You can carry this as long as you have a legitimate reason for doing so.
The law concerning these is
Offensive weapons, and bladed pointed articles,

the legislation agrees that if the person has a legitimate reason (NOT SELF ARMING OR DEFENCE< THEY DONT COUNT)
for carrying these, like in the course of work etc then they are not guilty of committing an offence.

BUT THIS IS IMPORTANT
However a police officer would be perfectly within the law to arrest you in order to interview you on tape about what your lawfull reasonable excuse would be.

As an investigation into a possible criminal matter (carrying off weapon or bladed article) must be done in tape after a person has been arrested and cautioned.

If the offices choses to use a bit of discretion and find you why you have it instead of arresting you, then this is a great favour, and not your god given right.
(POLICE AND CRIMINAL EVIDENCE ACT 1984)

i myself carry katana's and bokkens along with other bits on the bus and tube and often finding im explaining myself to officers and transport authorities, it's just one of those things


As for your comment about instructors acrrying their license i think that a bit naive as ive been teaching mixed martial arts for years within and without the police servise, and yet i have no license as who is there to license me?

Answer 2

I can believe that a UK copper could say a martial arts weapon is not an offencive weapon.You should not have an offencive weapon in a public place.An offensive weapon is anything made or intended to cause injury.In this case these are made to cause injury.Lawful possession is limited to certain people ie.police,miltary etc.
If for some reason the police found you with them than you could be in trouble also if someone in your classes was injured you could be in trouble even though it is not a public place there have been decisions in the courts that say it is reasonable to assume that you went through a public place to get to scene of incident.

Answer 3

Just as long as you have a valid reason for carrying the equipment your ok it would help if there was someone at your class to validate that was where yourwere going if you were stopped.
example : if a carpenter is stopped walking down the street during the day with screwdrivers and hamers (weapon of chance ) if he is stopped if he explains his off to a job/ime of day there shouldent be a problem / if his stopped 0200am with the tools chances are they will be arrested for going equipid i.e burgal a house untill proved different , Its also woth knowing that the police have to inform you what they are searching for if a stop search in the street.
I work for the police feel free to mail me if you need further details or visit your local station i'm sure they'll sit and have a chat.

Answer 4

The law is very clear on the carriage of offensive weapons in a public place, the only defenses are use in a line of work or lawful authority, ie the police.

You are clearly exepmt if they are used by you to instruct martial arts, as you say I would carry your instructors qualifications with you just in case, and they should be secure in a bag or something to keep them out od sight.

Hope this helps

Answer 5

Police have powers to search for weapons under section 1 of the Police and criminal evidence act or section 60 of the same act if an inspector or above rank authorises it.

The actual definition of offensive weapons law is (more or less word for word):

A person commits an offence if he has with him, in a public place, without reasonable cause or lawful authority, (the proof of which lies with him) a weapon of offence.

(Note the use of the words He/him, this is just the way the law is written, it obviously applies to she/her as well!)

Basically, you would be OK if you had reasonable cause I.e carrying to or from the Dojo but if you are carrying as a matter of course then you are on dodgy ground.

However, also note the term, 'the proof of which lies with him'

In other words, it's up to you to prove why you have a weapon.

Martial arts weapons in general would probably be OK but certain weapons are completely prohibited, eg flick knives etc as they are whats known as offensive weapons per se, only made to inflict harm or maim so you would be in big trouble with one of those!

Hope this helps

Answer 6

Hello... as long as you have a valid reason for carrying such an item, you will be allowed on your way. You may be asked to prove that you are on your way to or from a class, as you're not obviously generally allowed to carry a weapon around with you where ever you go, whether concealed or not. Anyway, as long as you can prove to the Police Officer that it's work related, there will be no problem.

Answer 7

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Answer 8

The weapons should be treated as educational. Weapons of martial arts help teach the history of the art and are used for educational purposes.

Answer 9

There is no problem unless you are stopped and searched by an ignorant policeman of which there are sadly far too many.

One is allowed to carry a licensed gun or if you are an authorised dealer. It should be carried in a proper gun case or a gun rack in the back of a pick up truck will do.

Think about it. You have seen (on TV) the Duke of Edinburgh shooting poor wee wild birds!

Answer 10

No, I would say it is not an offence because it would be classed as a tool of your trade, like work men carry Knives, axes and so on as long as you have a explanation as to why and when your carrying it, if you took it in a night club then thats different.