Griffin wrote:Anyone know where I can find the rules in Europe regarding carrying swords in public places because I was told the bag has to be secured shut with a padlock and '5 times shut' meaning it's not easy to access the sword in the bag and you have to unzip or open 5 closures to access the sword.
Would be good to know what the European legislation states.
I've heard similar stories as well, but having actively tried to locate any relevant UK legislation or case history I've drawn a blank. There are lots of laws restricting the carrying of weapons or bladed items in public, but I can't find any mention of a restriction on how the item must be conveyed if it is permitted. When I've heard this story the number of closures have been either two or three, the vagueness and gradual increase to an improbable five strongly hints at an urban myth at work.
In the UK it's not generally allowed to carry a sword without a good reason for doing so. It may help demonstrate that your reason is genuine if you carry your sword in a manner that makes it difficult to extract, but it's not essential. The fact that the sword is behind half a dozen zips and padlocks will also not be a sufficient justification on its own for having it in a public place unless there is a good reason as well. The reasonable excuse is primary, everything else is just to demonstrate that the reason is a true one.
My understanding is that the burden of proof is reversed - that is, once the prosecution have shown that you are carrying a weapon or bladed item, it is down to you to prove that your reason was good. Anything you can do to make your reasonable excuse as apparent and obvious as possible is a good idea, even if not strictly essential. The interpretation of what is good seems, at times, to have been quite harsh.
It is possible that at some point in the past a court has dismissed a dubious claim of reasonableness with one part of the doubt being the fact that the weapon was readily at hand. This does not, however, establish a general requirement that all weapons must be closed away behind multiple barriers and locks but would rather indicate a lack of strength in the original reason given for possession.
It should be noted that a Sikh kirpan (if carried by a Sikh) or a Scottish sgian dubh (when worn with national dress) are permitted and do not need to be behind five layers of closures. A blunt butter knife, on the other hand, has been found to be a bladed item and illegal to carry without excuse.
If the sword is in public view then other things may come into play. Apart from generally attracting unwanted attention, it's possible that people may feel threatened by it (and therefore you), and that might lead to action for causing a breach of the peace. That's an interesting piece of law, and probably beyond my ability to interpret reliably. They may also argue that you knew (or should have known) that your behaviour was threatening, which opens up a whole world of problems.
Private organisations, such as airlines, trains, couriers etc. may all have their own rules, though these seem to typically focus on firearms or generically dangerous items rather than swords specifically.
I would note that I would not expect this to be legislated at a European level. My own limited understanding of the law is restricted to the UK, other countries almost certainly have different laws. I am also most definitely not a lawyer and this advice is worth no more (and probably less) than what you paid me for it.
If you're interested in specific legislation, then the important ones appear to be these, though note that there's more than this (in particular to do with selling, making or importing weapons, specific types of knives, and possession in schools) and case history is also important as well:
Prevention of Crime Act 1953 Section 1Criminal Justice Act 1988 Section 139Criminal Justice Act 1988 Section 141The Criminal Justice Act 1988 (Offensive Weapons) Order 1988The Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2008The Criminal Justice Act 1988 (Offensive Weapons) (Amendment No. 2) Order 2008And one case history (out of, doubtless, many):
Brooker v DPP 2005Oh, and one of my favourites, even though it isn't strictly relevant:
Tuberville v Savage