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laws for new brunswick, canada?
- Thread starter mr dylan
- Start date
- Joined
- Jul 24, 2006
- Messages
- 475
Knife laws are in the Criminal Code, thus federal. There may be municipal laws, but they are not criminal. There are no Provincial laws, as far as I know.
So, as far as federal law goes, the following are prohibited, but you don't have to worry about buying anything illegal from a legitimate Canadian retailer:
1- Belt buckle knives.
2- Fixed blade knives with knuckle guards.
3- Folding knives which open automatically via a button on the handle.
4- Folding knives which open via "centrifugal force". Including gravity knives, any knife that has a pivot loose enough to open with an arm swing, balisongs also fall into this category, according to the judges.
5- When it comes to folding knives, each specific knife is judged by the law independently. So, if you have a folding knife and a cop can open it with an arm swing, it doesn't matter that you can buy it at the WalMart 2 blocks away. That specific knife is illegal, apparently.
If you have a folder that can open with an arm swing, tighten up the pivot until you can't, if you want to avoid "most" legal hassles.
My 2 year old Sebenza can now be opened with "centrifugal force", but I have the pivot torqued down all the way. I like to live dangerously.
So, as far as federal law goes, the following are prohibited, but you don't have to worry about buying anything illegal from a legitimate Canadian retailer:
1- Belt buckle knives.
2- Fixed blade knives with knuckle guards.
3- Folding knives which open automatically via a button on the handle.
4- Folding knives which open via "centrifugal force". Including gravity knives, any knife that has a pivot loose enough to open with an arm swing, balisongs also fall into this category, according to the judges.
5- When it comes to folding knives, each specific knife is judged by the law independently. So, if you have a folding knife and a cop can open it with an arm swing, it doesn't matter that you can buy it at the WalMart 2 blocks away. That specific knife is illegal, apparently.
If you have a folder that can open with an arm swing, tighten up the pivot until you can't, if you want to avoid "most" legal hassles.
My 2 year old Sebenza can now be opened with "centrifugal force", but I have the pivot torqued down all the way. I like to live dangerously.
^i was wondering the same.. wat category does assisted opening fall into? i also got a SOG aegis just recently
- Joined
- Feb 4, 2006
- Messages
- 739
Assisted is NOT illegal in Canada. You'r applying pressure to part of the blade to make it "snap" open, not pressing a button on the handle, therefore, not a switch blade. That being said however, just becuase you know that as a knife person, a cop may not and even tho you can't get in serious trouble, they can still take your knife.
It also has alot to do with how you look, and what you're doing; if you're not doing anything wrong, a cop should never have reason to search you. If you're giving a cop a good reason to search you, or take you for a drive, it dosn't matter what knife you're carrying, it's gonna look bad.
Our laws are based on 'intent' if a cop thinks you have it as a weapon, it's gone. For this reason I stay away from assisited opening knives; they really do act, and sound like swtich blades and I dont want to have to explain the detials about that. One had opening (hole/ stud) is faster than I need anyways.
All in all, carry what you like- just be careful about it and stay out of trouble and you'll be fine.
It also has alot to do with how you look, and what you're doing; if you're not doing anything wrong, a cop should never have reason to search you. If you're giving a cop a good reason to search you, or take you for a drive, it dosn't matter what knife you're carrying, it's gonna look bad.
Our laws are based on 'intent' if a cop thinks you have it as a weapon, it's gone. For this reason I stay away from assisited opening knives; they really do act, and sound like swtich blades and I dont want to have to explain the detials about that. One had opening (hole/ stud) is faster than I need anyways.
All in all, carry what you like- just be careful about it and stay out of trouble and you'll be fine.
Do you folks in Canada have the same Constitutional protections against illegal search and seizure that we have here in the United States? If not, anything that a LEO finds on you, regardless of whether his/her reason for the search was "good", could be used against you in court by a prosecutor. Here in the United States, if the search was not legal, any items found would be excluded from evidence by a judge, usually resulting in a complete dismissal of criminal charges. Remember, with some folding knives, you will not have the option of tightening a pivot pin. For example, the Cold Steel "Voyager" series of folders have a non-adjustable pivot pin. I know, because I have owned and EDC'd one for many years.
- Joined
- Feb 4, 2006
- Messages
- 739
It's a little different up here I think, but pretty much the same. example: If John is walking home on a sunny afternoon after work and is doing nothing wrong, and a cop walkes up to him and orders him to empty his pockets, and finds a bag of pot. The case and charges will (99.9% of the time) be droped becasue- like you guys it's considered an illegal search.
However, if John is an idiot and the cop see's the bag of pot sticking out of the front pocket of his hoddie- he has just cause to search, and arrest him.
Because it's illegal to carry a knive as a weapon (self defence included) If a cop see's a pocket clip he can ask to see the knife and ask what it's for. It's up to the offiicer to make the call, some might like knives and think your spyderco military is cool- knowing it's just a tool. While some might see no good reason why anything other than a SAK is needed and take you knife anyways. Even tho you wouldn't be in leagal trouble you'd probably never see the knife again.
Keep in mind this is based on what I'v herd/ read. I'v carried with a pocket clip for a lot of years and never had trouble. The key is to be polite, respecful and not doing anything you shouldn't be doing in the first place.
There's also more detialed info in the canadian sub fourm if your interested.
However, if John is an idiot and the cop see's the bag of pot sticking out of the front pocket of his hoddie- he has just cause to search, and arrest him.
Because it's illegal to carry a knive as a weapon (self defence included) If a cop see's a pocket clip he can ask to see the knife and ask what it's for. It's up to the offiicer to make the call, some might like knives and think your spyderco military is cool- knowing it's just a tool. While some might see no good reason why anything other than a SAK is needed and take you knife anyways. Even tho you wouldn't be in leagal trouble you'd probably never see the knife again.
Keep in mind this is based on what I'v herd/ read. I'v carried with a pocket clip for a lot of years and never had trouble. The key is to be polite, respecful and not doing anything you shouldn't be doing in the first place.
There's also more detialed info in the canadian sub fourm if your interested.
- Joined
- Jun 13, 2006
- Messages
- 3,724
A fellow New Brunswicker concerned about knife law in our country, eh? :thumbup:
