Rob, (or anyone ? )
Could you elaborate on this. I thought "Locking Knives" were now illegal to carry, or is that just in Scotland.
C
In addition to my Gerber-knife, I own Leatherman and Gerber multi-tools. Both have knife-blades that lock. Neither are illegal.
What
are illegal are gravity-knives ('flick' knives).
Blades that are opened normally and then require the release of a thumb-catch to close are
not illegal according to the latest (2009) legislation - though there are many - including police officers - who are under the mistaken belief that they are.
Restriction of Offensive weapons Act 1959 (amended 1961) (ROWA), Section 1:
(1) Any person who manufactures, sells or hires or offers for sale or hire, or exposes or has in his possession for the purpose of sale or hire or lends or gives to any other person— (a) any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, sometimes known as a “flick knife” or “flick gun”; or(b) any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force
and which, when released, is locked in place by means of a button, spring, lever, or other device, sometimes known as a “gravity knife”,
...shall be guilty of an offence [...]
But it has to be a gravity-assisted or spring-loaded blade
to begin with...
However...
The special exception which exists in the Criminal Justice Act 1988 (s139) for folding knives (pocket knives) is another "common sense" measure accepting that some small knives are carried for general utility; however, even a folding pocket knife of less than 3" (76 mm) may still be considered an offensive weapon if carried or used for that purpose. It is a common belief that a folding knife must be non-locking for this provision to apply, but the wording of the Criminal Justice Act does not mention locking and the matter becomes a question as to the definition of "folding pocket knife". In the case of
R. v Deegan (1998) in the Court of Appeal in England and Wales, the ruling that 'folding' was intended to mean 'non-locking' was upheld. As the only higher court in England and Wales is the House of Lords the only way this ruling could be overturned is by a dissenting ruling by the Supreme Court or by Act of Parliament.
You might therefore be charged anyway and be forced to prove yourself in Court.
