Weapons and the law

Are you tempted to carry a weapon? Make sure you get the facts before you tool up.

An offensive weapon is any object that has been made or adapted to cause injury. This covers anything from purpose-built weapons such as guns and knives, to that snooker cue you've just picked up to swing at somebody.

In defining what counts as a weapon, it means your intention for the object in question could be taken into account. Section 1 of the Prevention of Crime Act 1953 outlaws the possession in any public place of an offensive weapon "without lawful authority or reasonable excuse". Laws restricting the sale, carrying, use and production of knives are also contained in the Restriction of Offensive Weapons Act 1959, the Criminal Justice Act 1988, the Criminal Justice and Public Order Act 1994, the Offensive Weapons Act 1996 and the Knives Act 1997.

If you're caught with an offensive weapon

In the eyes of the law, it's down to you to show that the weapon in question wasn't made or adapted to cause injury. Claiming that you're carrying a weapon in public for someone else is no excuse. Here's the low-down on the law:

Should you be arrested, and found guilty of carrying an offensive weapon in public, you could face a fine, imprisonment, or both;
Carrying a knife could make you liable to a fine of up to £1,000, or a maximum of four years imprisonment. If it's used to injure or threaten someone the penalties are more severe;
If you're found guilty of grievous bodily harm you could face life imprisonment;
If you're found guilty of manslaughter, attempted murder or murder, your punishment could also be life imprisonment.

Knives in public and in private

It isn't illegal in the UK to own a knife in private (though flick knives, butterfly knives and disguised knives are prohibited). However, if any knife is used in a threatening way, in a private environment, it becomes an offensive weapon. It's an offence to carry any knife in public, even if you're not behaving in a threatening manner, and you can face a penalty of two year's imprisonment and a £5,000 fine for doing so.

Legal exceptions for carrying a knife

Under certain circumstances, it's legal to be in possession of a knife in public:

If it's a tool of the trade (i.e. you work in catering or carpentry);
For religious reasons (i.e. a Sikh kirpan);
If it's a penknife (pocket or folding knife) less than three inches long (although it may be considered offensive if carried for the purpose of causing injury or harm).

Handing in a weapon

Police authorities regularly hold weapons amnesties, in which you're free to hand in an offensive weapon without risk of prosecution;
Outside of an amnesty your circumstances would dictate how the police would receive you. However, whatever the reason you're in possession of an offensive weapon, police advice is to contact your local station to make arrangements for handing it in;
If you've simply come across a gun or a flick knife in public, police advice is not to touch it, but report the find by phone or in person at the local station.

Which weapons are illegal?

Knives
It's illegal for anyone under the age of 16 to buy a knife. Flick knives, butterfly knives and disguised knives (hidden in a belt or mobile phone etc) are illegal to everyone. Swiss Army knives are allowed, so long as the blade is under 7.62cm, however if any knife is used in a threatening way it becomes an offensive weapon. It's an offence to carry a knife in public, and you can face a penalty of two year's imprisonment and a £5,000 fine for doing so. If you're caught with a knife at school you could be sentenced to four years in jail.
Guns
You need to have a licence to own a gun and there are strict restrictions on getting one, such as proving you'll only be using it to kill vermin, or it's an antique-type gun. You also have to get two people to tell the police that you're responsible enough to own a gun.
Airguns
These come under different laws from guns that use bullets. People aged between 14 and 17 aren't allowed to buy guns or ammunition, but they can borrow them from someone over the age of 17. If you are between 14 and 17 you can use an airgun at a gun club or on private property if you have permission. If you're over the age of 17 you can buy guns and ammunition as long as the gun is under the UK legal limit of 12ft.lbs muzzle energy for rifles and 6ft.lbs muzzle energy for pistols. Guns over that limit need a fire arms certificate before they can be owned.

New laws to combat violent crime

The Government, via the Violent Crime Reduction Bill, now making its way through Parliament, plans to:

Ban the selling of imitation firearms that could be mistaken for real firearms;
Impliment higher sentences if you're found to be carrying imitation firearms;
Increase the age limit for buying or firing an air weapon without supervision from 17 to 18;
Make it an offence to use other people to hide or carry guns or knives;
Increase the age limit for buying a knife from 16 to 18;
Impose new powers for head teachers and other members of staff to search pupils for knives.