Weapons and the Law

An Offensive Weapon

- is any object that has been made or adapted to cause injury or is being carried for the purpose of causing injury, sometimes even in self-defence. 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.

Defining what counts as a weapon means that your intention for the object in question could be taken into account. Section 1 of the Prevention of Crime Act 1953 outlaws possession of an offensive weapon in any public place "without lawful authority or reasonable excuse". 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 £5,000 or 4 years imprisonment.
If it's used to injure or threaten someone the penalties are more severe;

If found guilty of causing (which can include helping) grievous bodily harm, you could face life imprisonment;

If found guilty of manslaughter, attempted murder or murder, punishment could 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, any knife used in a threatening way, in a private environment, becomes an offensive weapon. It's an offence to carry any knife in public (except as below), even if you're not behaving in a threatening manner; you can face a penalty of 2 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, e.g.:
If it's a tool of the trade carried reasonably for lawful purpose (i.e. you work in catering or carpentry);

·       If it's a folding penknife less than 7.62 cm (3") long;(although it will be considered offensive if carried for the purpose of causing injury or harm or even for self-defence).

      A flick knife or any knife with a lock (automatic or not) is automatically unlawful.

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;

If you come across a gun or prohibited knife in public do not touch it. Report it to the police.

Guns:   You need to have a licence to own a gun, and there are strict restrictions on getting one.

Airguns or air pistols. Most of these come under different laws from guns that use bullets but an airgun on the street is sure to be regarded as a weapon. People aged between 14 and 17 aren't allowed to buy airguns 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 on private property with permission. If you're over the age of 17 you can buy airguns and ammunition as long as the airgun is under the UK legal limit of 12ft.lbs muzzle energy for rifles and 6ft.lbs muzzle energy for air pistols. Airguns over that limit need a fire arms certificate.