Knives
This information applies to the UK. Please double check the relevant laws for your country.
One of the few tools used as a forager is a bladed item of some kind. I’m choosing my words carefully here as there is a lot of confusion about classification and carrying these items. Technically, scissors, regular cutlery knives, chisels, tin openers and even trowels can be classed as ‘an offensive weapon’ and would fall under these restrictions, together with the obvious pocket knives etc.
Many years ago I was a field archaeologist. Our primary tool was a WHS pointing trowel. Walking home with my trowel in a back pocket, a policeman pulled over to say hi. I can be quite naive and was in a good mood so we had a lovely chat. At the end, he revealed that he’d stopped me because the gardening implement I was carrying could have been deemed an offensive weapon, but because I was returning from work I was free to go. Errmmm…thankyou?
So what do we need to know to keep ourselves out of the clink.
Well, firstly, let’s be realistic here. When you begin researching the law and whether or not you may be breaking it for the query of your choice, you will very quickly realise that you can get into trouble for pretty much anything should the law decide to cast it’s eye over you.
Don’t let this scare you. Get some knowledge, double check the sources and off you go.
The general public view on carry a bladed tool is that as long as it’s under 3 inches, it’s legal.
This is wrong.
Please bear in mind that many officials and police departments still fall back on vague references and terminology, offering little in the way of concrete clarity. For example:
You can carry a knife in public if it has a folding blade that is 3 inches (7.62cm) or less in length. However if any knife is used to threaten or intimidate it is considered an offensive weapon. Please note, lock knives are not classed as folding knives and are illegal to carry in public.
This definition on the surface appears fairly clear. You can go about your business and have a knife on you as long as it’s foldable, under 3 inches and doesn’t lock in any way.
However, there is something surprising that you must also bear in mind:
It is an offence to carry any sharp or bladed instrument in a public place, with the exception of a folding pocket knife where the cutting edge of the blade is 7.62 cm (3 inches) or less. Please note that the term ‘cutting edge’ is not limited to an area of the blade that has a textured or serrated edge. The courts have held that the whole length of the side of the blade is to be included in the measurement.
A lock knife is not a folding pocket knife and therefore it is an offence to carry around such a knife regardless of the length of the blade, if you do not have good reason. A lock knife has blades that can be locked and refolded only by pressing a button. A lock knife has a mechanism which locks the blade in position when fully extended, the blade cannot be closed without that mechanism being released. A lock knife is not an offensive weapon per se, as these knives were made with a specific purpose in mind were not intended as a weapon. However, possession of a lock knife in a public place without good reason is an offence.
Possession of a multi-tool incorporating a prohibited blade or pointed article is capable of being an offence under this section even if there are other tools on the instrument, which may be of use to a person in a public place, for example a screwdriver or a can opener. It is for the person to prove on the balance of probabilities that they have a good reason for possession.
The ban is not total, it is for the person in possession of such an instrument to prove on the balance of probabilities that they had good reason for its possession. It will have to be genuine, for example, someone back packing across the Lake District may reasonably be expected to have a knife for the preparation of meals. It will be far more difficult to justify on the streets of a city or town, but there will be occasions when someone is genuinely going to a martial arts sport or scout meeting which is easily checked.
The penalty for committing this offence is a maximum prison sentence of four years.
Be aware that some bladed articles may be deemed to be offensive weapons, for example, flick knives, daggers and butterfly knives. There is also an offence of carrying an offensive weapon in public without lawful authority or reasonable excuse. Please see Q338 for further information.
Surprisingly, the blade length of 3 inches can potentially include the handle of the folding knife!
So, here are the ‘clarified’ details relating to this:
- You can carry a FOLDING pocket knife IN A PUBLIC PLACE that is no more that 3 inches in length. This potentially INCLUDES the handle the cutting part is attached to.
- It MUST NOT be able to lock in any way.
- You CAN carry some other types of blades IN A PUBLIC PLACE provided you have GOOD REASON. Delving down the legal rabbit hole, defining ‘good reason’ is a VERY grey area indeed.
- ‘Offensive weapon’ is deemed anything bladed OR pointed, including screwdrivers and can openers?!?
Interestingly, an example of ‘backpacking’ is given, in which they try to shoehorn in some common sense, but about turn in the proceeding sentence with reference to locale.
What is to be made of this. Well, personally, I do carry a multitool with me when I’m foraging, and just generally outdoors. I have a reason, even though the courts may decide otherwise, and it is invaluable as a tool to my activities. However, I try and remember to leave it in the car or my rucksack when I go into a shop or town.
Personally, a good sharp and locking pocket knife is far safer than a dull free moving one, and I do value my fingers.
My advice - delve a little deeper, do some research and draw your own conclusions. The onus is on you. But if you want to play it über (legally) safe, get a tiny pocket knife that doesn’t exceed in total length, including the handle, 3 inches.