I have a bright yellow, folding, Stanley-type knife with a belt clip. If I had to pop out to Homebase whilst in the middle of doing some DIY and forgot I had left it clipped to my belt in plain sight, could a policeman (doing his job correctly and to the letter of the law) arrest me for carrying a concealed weapon or would he have to be able to prove some sort of intent first?
2007-03-11 06:34:34 · 18 answers · asked by Buckaroo Banzai 3 in Politics & Government ➔ Law & Ethics
(UK) If the blade can be locked in place, its illegal (a "bladed article"). Any knife except "a folding pocket knife with a blade under 3 inches" (ie a basic penknife) is illegal in public - kitchen knives, multitools with lockable blades, samurai swords, sheath knives, lock knives etc. Your Stanley knife must have a lockable blade (or you'd lose a finger !).... its illegal, & arrestable. You must have 'reasonable excuse' or 'lawful authority' to carry it... a tradesman en-route to a pre-booked job would be okay..... "I forgot" would not.
As a Police Sgt, & I have to say, this is in REGULAR use
2007-03-11 07:01:28 · answer #1 · answered by skipper409 2 · 1⤊ 0⤋
The crime "carrying a concealed weapon" is a strict liability crime which means that "intent" is not required. The crime is like speeding - whether you intended to speed is not relevant for conviction. All that is required is that you were speeding period. So in your case the critical issue is whether the "Stanley - type knife" is a weapon under the statute in your jurisdiction. We know a handgun would undoubtedly be - but when it comes to knives there is a whole slew of them that don't (by jurisdiction). For example many "folding knives" (and never switch blades) are not considered weapons for purposes of the statute b/c they are considered "tools" no different than a screwdriver or hammer. And though someone walking down the street with a hammer might pique the curiousity of a police officer, it cannot be said they are breaking the law. So visit the website for your geographical area (state and municipal) and find the law in your area and see if the type of knife you carry is considered a weapon. Good luck.
2007-03-11 13:41:49 · answer #2 · answered by Another Garcia 5 · 0⤊ 1⤋
There is no such offense in the UK.Only an offense of carrying an offensive weapon or blade exceeding certain length(3") .You say a folding? Stanley knife I know what a Stanley knife is and it has a short blade and it wouldnt qualify as offensive weapon in these circumstances
2007-03-11 14:04:18 · answer #3 · answered by frankturk50 6 · 0⤊ 0⤋
I think it's fairly clear that it's not concealed. I've never had a problem w. carrying one. Make sure you don't carry it onto federal property though. Concealment is not a factor though. The fact that it's a utility knife probably won't keep the officer from considering it a weapon. At least, not here in Washington DC.
Be careful if you wear baggy clothes though. Had a friend who was carrying a knife visibly in his boot, but he was wearing baggy cammos. An officer in our town notorious for harassing us punks used that as an excuse to label it concealed and arrested my friend.
2007-03-11 13:40:56 · answer #4 · answered by maxdwolf 3 · 0⤊ 1⤋
Hypothetically - yes, he can, we could all say we were doing a spot of DIY.
Officer: Why are you carrying that 9 inch bread knife concealed down your trousers.
Guilty person: Well officer, I was just making some sandwiches and I forgot I left it there.
2007-03-11 13:38:31 · answer #5 · answered by Anonymous · 0⤊ 1⤋
you would just get asked by the police why you have it on your belt, if the police feel that your answer is beliveable they will warn you to not carry it around as accidents can happen and it could be used as a wepon, they may causion you if they feel the need to but it is rare that such a thing will go to court unless you appear threatening or acctualy threaten someone due to lack of evidence as they can't prove you wern't doing diy
2007-03-11 13:40:58 · answer #6 · answered by CLAIRE BEAR 2 · 0⤊ 1⤋
It depends on your state laws. But I used to work for a store. Box cutters was my thing. I had a bunch of them. In my pocketbook, in my smock, wherever. I was told that if I got caught with them out in public I would be in trouble. Even a coupon clipper in your possession could get you into trouble nowadays. Even though you don't intend to use it for violent purposes, you are still displaying a weapon for someone else to use. Ya gotta be real careful. If you got a cop that was a real stickler then you might be in sad shape. I had to go to a court building recently and I found one in my purse. If they had found it I would have been held for possession of a deadly weapon. It had worked it's way deep into my wallet. I didn't even know it was there. When I got home and searched my pocketbook I ended up with 3 of them in my possession. I don't even want to know what would have happened.
2007-03-11 13:50:57 · answer #7 · answered by Me2 5 · 0⤊ 1⤋
if he could see it it wouldn't be concealed! but i should think home base is full of things like that so I'm sure you be OK. if you were walking down the road with and you showed any type of violence such as verbally or physically then he'd probably get you!
2007-03-11 13:40:35 · answer #8 · answered by Anonymous · 0⤊ 1⤋
its all about intent... was your intention to gash someone open, or something... (being packaging)
i'd say if you were a workman going about his trade, then theres no problem... take Mr Stanley with you to the pub, and its a different matter.
2007-03-11 13:55:03 · answer #9 · answered by Anonymous · 0⤊ 1⤋
if its a tool of the trade they could arrest you but it would be unlikely to even get to court after interview. if you told them it was a trade tool they probably wouldnt even arrest you
2007-03-11 13:50:03 · answer #10 · answered by vdv_desantnik 6 · 0⤊ 0⤋