Hi Brent,
It seems your knife matches the description of
22. Torsion bar assisted-opening knives (folding
knife, speed-safe knife, spring-assisted knife)
and therefore it is not a prohibited weapon. It should be regarded as a tool.
I agree with you in that if you can buy it at
Canadian Tire it is probably not prohibited by the Criminal Code of Canada.
Interesting, one of my crew mates has a folding
knife & pouch attached to his harness. A good
idea. But last weekend, for fun and experience,
he tried to get it out of the pouch one-handed...
not possible! Please consider knife retrieval
when you guys sort out your personal gear.
Cheers, Russ
Sweet 35 mk-1
At 11:29 AM 26/10/2013, you wrote:
Thanks for the clarification Steve. I'm sure
lawyers can work wonders with that kind of
wording. The flick I'm referring to only comes
into play after the blade is better than half
opened and could be applied to any folding
knife. Since I bought them at big stores and not
dark alleys I'm sure they fall into the legal category but probably just.
That's an interesting read. I'm surprised it
doesn't read that any knife which can be thrown is illegal!
Brent
Sent from my iPhone
On Oct 26, 2013, at 12:33 PM, Steve Thomas
<<mailto:sthom...@sympatico.ca>sthom...@sympatico.ca> wrote:
Brent,
This is from the criminal code, as
quoted on the Canadian Border Services Agency web page.
<http://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-13-2-eng.html#a4x3>http://www.cbsa-asfc.gc.ca/publications/dm-md/d19/d19-13-2-eng.html#a4x3
Prohibited weapons
18. In order for a good to be classified as a
prohibited weapon, it must fall within the
Criminal Code definition of "prohibited
weapon". Only those weapons may be classified under TI 9898.00.00.
19. Not all weapons are necessarily
prohibited. Any weapon that is not specifically
prohibited by law will generally be admissible.
If a weapon does not meet one or more of the
definitions contained in the list of prohibited
weapons, please consult the "Other weapons" section below.
20. The definition of prohibited weapon has
two components: 1) "Paragraph (a)" weapons,
being automatic, centrifugal, or gravity
knives; and 2) "Paragraph (b)" weapons, being
those laid out explicitly in the Criminal Code
subsection 84(1) Regulations, Part 3. Section
84(1) of the Criminal Code states that a prohibited weapon is:
* (a) a knife that has a blade that opens
automatically by gravity or centrifugal force
or by hand pressure applied to a button,
spring, or other device in or attached to the handle of the knife; or
* (b) any weapon, other than a firearm,
that is prescribed to be a prohibited weapon.
"Paragraph (a)" weapons
21. Weapons that fall under paragraph (a) include the following:
* (a) Automatic knife (switchblade) An
automaticc knife that houses a blade that will
open automatically by hand pressure applied to
a lever or button in or attached to the handle
(but not on the blade) of the knife. The blade
is released by pressure on the lever or
button, and opens with the assistance of an internal spring or mechanism.
* (b) Centrifugal knife (folding knife,
butterfly knife, balisong knife) A
centrifugal knife is one that opens
automatically tthrough the use of centrifugal
force. Centrifugal force may be defined as a
force, arising from the body's inertia, which
appears to act on a body moving in a circular
path and is directed away from the centre
around which the body is moving. That is,
centrifugal force is established when the
blade of the knife may be opened with the
flick of the wrist. Note that extra
manipulation and a requirement for some skill
to release the blade do not prevent a knife
from being a prohibited weapon. A balisong or
butterfly knife is a form of centrifugal knife
with two handles that counter-rotate around
the blade such that, when closed, the blade is
concealed within grooves in the handles.
* (c) Gravity knife A gravity knife is a
knife wwhich may be opened automatically by
force of gravity. The knife may be
additionally controlled by a lever or button,
but typically, applying pressure to such a
device and pointing the knife downward will
result in the knife's blade releasing and locking into place.
* Exception: The following type of knife
does not generally meet the definition of
prohibited weapon, and therefore it is not
within the purview of TI 9898.00.00. The
misuse of this knife may nonetheless be punishable under other laws.
22. Torsion bar assisted-opening knives
(folding knife, speed-safe knife,
spring-assisted knife) Folding knives that
use an interrnal "torsion bar" to assist in
opening them with one hand. The heart of this
opening system is the torsion bar in the handle
of the knife. In order to open the knife, the
user must apply manual pressure to a thumb stud
or other protrusion on the blade, thereby
overcoming the resistance of the torsion bar.
After the blade is moved partially out of the
handle by this manual pressure, the torsion bar takes over.
23. In some cases, torsion bar
assisted-opening knives can be opened
automatically by gravity or centrifugal force.
If this is the case, these knives would fall
within the definition of prohibited weapon, and
be prohibited under TI 9898.00.00 unless an
exemption in that tariff item applies.
End of Paragraph (a) weapons
I am still a little unclear on the definition
in sub paragraph 22, but if you can figure it
out, then a torsion bar assisted-opening knife
appears to be the only one handed folding knife
that is legal. Maybe that is what you have, I
don't know. I am pretty sure that I have never
seen the device they describe, and anyway, I
can't see what practical difference it makes
whether it is a torsion bar that does the
opening or gravity or centrifugal force. There
is always some sort of reasoning behind law,
however murky and flawed it may be. In this
case I can't figure it out. In general, and
except for whatever it is that sub paragraph 22
means, anything that can be concealed and
easily pulled out and used as a weapon using
only one hand is prohibited. A straight hunting
knife in a sheath but worn in plain sight is ok.
As I read the law and based on your
description, your knife, because it can be
opened the rest of the way with gravity or a
"flick of the wrist", is in the prohibited
weapon category as described in sub paragraph
23 even if it is a torsion bar type knife.
I haven't figured out a good way to keep my
handheld VHF clipped on yet. I have a Standard
Horizon and have nearly lost it twice now
because the "button thingy" that holds the belt clip keeps coming unscrewed.
Steve Thomas
C&C27 MKIII
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