Knives, catapults, air guns and bows

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ateallthepies

Native
Aug 11, 2011
1,558
0
hertfordshire
Being interested in all three of the items in my thread title I would like to clear up a couple of question on their legal use.

With the knife issue I know the law well so do not need to go into that but along with the other items it's a question on where the items can be lawfully used?

I realise that on privately owned land with permission you have free reign to use all these items as long as you abide by the relevant laws. But on land private or public, where there is unhindered access (a public place) I am unsure on what restricts you from using the items legally?

Obviously trespass on private property which is a civil matter is the first issue but I can only see carrying a firearm (airgun included) as being an issue with any of my items as this could be seen as 'Armed trespass'? Also there are laws about shooting and having permission so I'm pretty clear that you should only shoot where you have permission.

Having a knife, catapult or bow and arrow on such land though is another matter? If you are engaged in a lawful activity while on accessible private land but without permission what is the law that could land you in trouble? Non of these three items are restricted or offensive when used in a lawful way and it's only the knife, if not an EDC, that requires a 'reasonable excuse' which you would have if doing bushcrafty things. It's only the fact you don't have permission to be there which is the issue?

It's the same with public land, woods, moors, commons etc... airguns need permission to use that's undisputed. Cattys, knives and bows though when used lawfully and respectfully, what gets a person into trouble if used on this type land? Knifes again you may need a 'reasonable excuse' which you will have if you are engaged in a lawful activity but as you don't own the public land you are on what's the deal? ? Bows and catty's have no restrictions that I can find, are on no offensive per say weapons list so their use on public land is covered by what law?

The only law I know that could be used is the offensive weapons act but unless you are being an idiot or are threatening or causing distress then I am unsure if this law could be used? A police officer must believe an item is going to be or is being used to harm for it to be an offensive weapon so using these three items respectfully as a hobby is there an issue? The issue is not that you don't have a 'reasonable excuse' to use the items but that you don't have permission to use them in that location?

Now I don't use my airguns on anything but private land with permission. Also I never carry a knife other than an EDC on private or public land without permission either which means at the moment I'm restricted to my house and garden for non EDC.

Having just bought a nice catapult I am unsure where I can use it other than my land? Can I take it to the local woods and discreetly do some target practice or over the park in a quiet corner or on a walk over the fields on public footpaths? What prevents a person from setting up a target boss and doing a bit of archery practice in these same areas?

Over the public park you can kick a ball, use a cricket bat and ball, fling a Frisbee or a toy boomerang or a golf set without fear as they are all lawful activities but mention catties or bows or quietly whittling with a knife or axe which are also lawful activities then things become cloudy?

So to summarise my ramblings, what law are you breaking by using a knife, catty or bow and arrow in lawful activities on accessible private or public land?

Steve.
 
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dwardo

Bushcrafter through and through
Aug 30, 2006
6,459
480
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Nr Chester
So far as i know there are no laws prohibiting bows or catties. Pretty sure i would have come across a law concerning bow use. I guess it can only be a problem if you are putting members of public at risk be that accidental or deliberate. So with all of the usual common sense stuff in place there isnt much anyone can say. That means a safe backstop and a target etc. I do a lot of stump shooting in a wood i have permission to use but and whilst i can take precautions the inherent nature of stump shooting means an arrow can go astray and if someone gets hurt it would be my fault as i did not take enough precautions. Sensible precautions I think is the key
 

ateallthepies

Native
Aug 11, 2011
1,558
0
hertfordshire
I wonder if I should go have a word with the chief constable or whoever it concerns at the local police station and get their take on the matter seeing as it will be them who have to decide if it's a problem?

While using bows, knives and catties may be legal in public, I don't want to be the test case that decides a matter even if I am sensible, as we live in difficult times with ever increasing restrictions on freedoms?

Having land with permission is the ideal scenario for these activities I agree but unfortunately unless your lucky it's hard to come by, believe me I have tried!


Steve.
 

dwardo

Bushcrafter through and through
Aug 30, 2006
6,459
480
46
Nr Chester
Cant see speaking to a local bobby would be much help and I would imagine the conversation would head towards insurance with most of these activities in a very public place such as a park. If you are away from too many eyes and you are sensible there is no law that i am aware of that they can prosecute for and as you say cricket bats, golf bats etc all have the potential to cause harm, as does a rolled up newspaper.
 

ateallthepies

Native
Aug 11, 2011
1,558
0
hertfordshire
So am I correct in that if you are on a farmers field or on council park land, both private property in theory but both a public place, you would be trespassing on the farmers land but quite free to roam on the park land?
And using my catapult sensibly on either land example would not be an offence but I may get told to vacate the farmers field due to trespassing? If the council had a rule that no catapults are allowed on their public land all they could do is make me leave as I'm committing no crime?

Steve.
 

Ogri the trog

Mod
Mod
Apr 29, 2005
7,182
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Answering as a forum member, I can offer the following reply;

The laws in UK are deliberately worded so that they can be interpreted by police and magistrates to allow for a myriad of situations.

You have covered knives, and the topic has been done to exhaustion on many forums.

Likewise airgun's are pretty much covered in law and the restrictions are well known.

Bows are mentioned in law as a prohibited weapon for hunting. Therefore the "practise" of archery can only be done at targets and in order to comply with any "lawful activity" you'd have to show that a target has been erected - this would probably go further to include compliance with GNAS guidelines - safety cordons, warning notices and so on would have to be in place - and on privately owned land with public access - that would undoubtedly involve the dreaded insurance and payment and a fee payable to the land-owner.

For catapult target practice - you'd probably incur similar safety restrictions as archery - safety cordons and notices etc. Catties can, I believe, be used to control vermin on private land, but I'm not sure that they can be used to "hunt" - even so you'd have to be well informed about suitable prey any reason that necessitates their control and it would make sense to have dated, written permission from the owner. Privately owned land with public access would make my very cautious about using a catty as I don't believe that there is a national body covering the target use of catapults and hence no guidelines to follow.

I think I can see the angle that you are coming from, but I don't fancy trying to fight this corner should any authorities become involved.

As a Forum Moderator, I'm happy to have the topic under discussion as it helps people to understand the restrictions that exist, but many similar threads have descended into argument or advocacy of illegal practices and get shut down.
If you can point out any links to reputable websites for assistance on the laws it might help.

ATB

Ogri the trog
 

ateallthepies

Native
Aug 11, 2011
1,558
0
hertfordshire
Thanks Ogri for that common sense reply.

Yes airguns have enough laws and guidelines to be pretty clear what's ok or not.

Knives are the same but with the exception of whether it's ok to be engaged in a lawful activity with a non-EDC on privately owned land with public access or general public areas within reason?

I'm happy enough to follow the rules on airguns just not worth having any firearm related trouble with the police, also regarding knife law I either carry nothing or an EDC depending on circumstances. Even though I'm unsure if I'm allowed a non-EDC knife, even if I have a good excuse, on any land I don't have written permission for, I don't want to test the theory and also don't feel like it's my right to carry such an item so don't have a problem there.

As for bows and catties, my thoughts are leaning towards the view you will get a tug from the police if used in areas you don't have permission to be with other people in the vicinity especially so? Maybe being discreet and away from populated areas the chances are lessened of being seen? Whether or not a law will be found to prosecute is probably un-answerable? Even though the two items are perfectly legal to own and use the possibility is there of being arrested.

So it looks like unless you have permission or can get remote enough away it may not be worth trying your luck and possibly become a test case?

Steve.
 

wicca

Native
Oct 19, 2008
1,065
34
South Coast
" A police officer must believe an item is going to be or is being used to harm for it to be an offensive weapon "

If you're carrying a 3 foot Katana in a public place with absolutely no intention of using it..or causing harm..you'll be arrested. It is an offensive weapon, whether you intend using it or not.. A 3 foot Katana or a 4 inch sheath knife it doesn't matter..they are offensive weapons and unless you can satisfy a cop as to why you are carrying it (them) for a legitimate purpose, you commit an offence. "I don't intend harming anyone officer, I always walk up the high street/ across the park/ over farmer Giles field with this"...not good enough.

You really really need to fully understand the law..as it's written...for your own protection..

Possession of an offensive weapon is the offence...not possession of an offensive weapon that he was going to do harm with..
 

tinderbox

Forager
Feb 22, 2007
195
1
61
East Lothian
The offense is having article with blade or point in public place, under the Criminal Justice Act 1988 section 139(1). Carrying an offensive weapon is a much more serious charge, and unless a weapon is specifically prohibited as an offensive weapon then intent must be shown.
 

wicca

Native
Oct 19, 2008
1,065
34
South Coast
those made for causing injury to the person i.e. offensive per se. For examples of weapons that are offensive per se, see Criminal Justice Act 1988 (Offensive Weapons) Order 1988, (Stones 8-22745) and case law decisions. (Archbold 24-116). The Criminal Justice Act (1988) (Offensive Weapons) (Amendment) Order 2008 came into force on 6th April 2008 with the effect that a sword with a curved blade of 50cm or more (samurai sword), has been added to the schedule to the Criminal Justice Act 1988 (Offensive Weapons) Order 1988;

Hence Katana...
 

dwardo

Bushcrafter through and through
Aug 30, 2006
6,459
480
46
Nr Chester
" A police officer must believe an item is going to be or is being used to harm for it to be an offensive weapon "

If you're carrying a 3 foot Katana in a public place with absolutely no intention of using it..or causing harm..you'll be arrested. It is an offensive weapon, whether you intend using it or not.. A 3 foot Katana or a 4 inch sheath knife it doesn't matter..they are offensive weapons and unless you can satisfy a cop as to why you are carrying it (them) for a legitimate purpose, you commit an offence. "I don't intend harming anyone officer, I always walk up the high street/ across the park/ over farmer Giles field with this"...not good enough.

You really really need to fully understand the law..as it's written...for your own protection..

Possession of an offensive weapon is the offence...not possession of an offensive weapon that he was going to do harm with..

Wrong end of the stick, or "possible" offensive weapon, intent has to be proven unless its a listed offensive weapon - bilsong, flick knife, gravity knife, belt knife etc. Katana maybe, 4 inch knife nope. As Orgi said, the laws are there to be interpreted by the police innitaly and then the courts. If your not upto no good and are sensible there wont be a problem.
 
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nuggets

Native
Jan 31, 2010
1,070
0
england
They are to this day laws on the statute books regarding archery,that have not been changed since they were introduced
a `long` time ago when royalty ruled the roost !! Such as the legal requirment to practice with the long bow every week ,the right to shoot on site our cousins from the north within the walls of york and our cousins from wales if they crossed the border!! Wonder what would happen to you today if you up held them laws !! :)

`bowyers rights` is also up there on the books -as it is still an offence to commision a bow and not pay the maker ,punishment is loss of pigs -sheep- cattle and or your house if the stock animals did not cover the debt !!



funny old world innit :)
 

ateallthepies

Native
Aug 11, 2011
1,558
0
hertfordshire
Yes there is a list of either prohibited or is the term offensive weapons where there is no excuse if caught with them. This thread was not started with these items in mind as the law is black and white clear on them.

It is more to do with things not on the prohibited list but which COULD be deemed 'offensive' if used in a public place. Yes any item in existence can be classed as 'offensive' in the wrong situation but I'm talking about legal items used in pursuit of a hobby but in places where you don't own and have permission i.e council parks, moors, commons, woodland etc...
 

ateallthepies

Native
Aug 11, 2011
1,558
0
hertfordshire
As an example of what I'm on about section 139 of the criminal justice act.... http://www.legislation.gov.uk/ukpga/1988/33/section/139 ....says that "(1)Subject to subsections (4) and (5) below, any person who has an article to which this section applies with him in a public place shall be guilty of an offence."
Then there is the 'subject to subsections' bit.... (4)It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.

Now if I had permission on land to use a section 139 non-exempt knife I would have no question and many of us do use them without fear of arrest, after all we are within the law. However in all other places on your travels that are 'public place' would you also feel as comfortable to use your fixed blades as the law clearly says if you are in a public place then all you need is a 'reasonable excuse'.

Sitting quietly over in the park which is a 'public place' and whittling sticks should be within the law then as I have a 'reasonable excuse' and should be within the law to use my fixed blade if I wish-not that I would.

The same goes for any other 'public place' privately owned or council owned? As long as you have a good excuse such as carving a bow stave with your axe and Ray Mears knife does it matter if you have permission to be there or not as the law only says you are committing an offence only if you don't have a 'reasonable excuse' not because you are not allowed to be there????

Steve.
 

ateallthepies

Native
Aug 11, 2011
1,558
0
hertfordshire
Another example,

Say a person were to wild camp in a privately owned wood(not that this forum would ever condone such a thing). They respect the place and are not being offensive per-say but the owner spots them and calls the police. They have the full bushcraft array of tools with them fixed knife, saw, axe etc...

What would the person wild camping be charged with? Just trespass? Seeing as though all the tools they have are legal to use as they have a 'reasonable excuse'?

Or does being somewhere you don't have permission trump everything and the law will find a way to clobber a person with a charge of being in possession of an offensive weapon.... even though you are not acting offensively?

Steve.
 

dwardo

Bushcrafter through and through
Aug 30, 2006
6,459
480
46
Nr Chester
`bowyers rights` is also up there on the books -as it is still an offence to commision a bow and not pay the maker ,punishment is loss of pigs -sheep- cattle and or your house if the stock animals did not cover the debt !!
funny old world innit :)

Thats great, my customers best beware lol.
 

ateallthepies

Native
Aug 11, 2011
1,558
0
hertfordshire
`bowyers rights` is also up there on the books -as it is still an offence to commision a bow and not pay the maker ,punishment is loss of pigs -sheep- cattle and or your house if the stock animals did not cover the debt !!

Sounds like a very reasonable law to me, punishment fits the crime although the bowyer could come out on top somewhat as the bow they were commissioned to make could then be sold anyway to another person - plus they get the pigs, sheep and cattle in compo', win win for the bowyer!!


Steve.
 

nuggets

Native
Jan 31, 2010
1,070
0
england
would the `police` turn up to arrest a trespasser !! I thought it was a civil offence -not a criminal one to which the police have no power !! , maybe wrong thou any one know any different ????
 

British Red

M.A.B (Mad About Bushcraft)
Dec 30, 2005
26,740
1,989
Mercia
You betcha they would - armed with a bow on land where they don't have permission to be. Probably bring the wildlife crimes officer with them too since they are likely to suspect poaching. If I saw someone armed on my land I'm not about to enquire what they are up to - it'll be "999" straight away
 

ateallthepies

Native
Aug 11, 2011
1,558
0
hertfordshire
You betcha they would - armed with a bow on land where they don't have permission to be. Probably bring the wildlife crimes officer with them too since they are likely to suspect poaching. If I saw someone armed on my land I'm not about to enquire what they are up to - it'll be "999" straight away

I wonder Red what would the offence be that the police could charge a person with in your situation? If no evidence of poaching was found and I hope this were not the case and there being no other law restricting having a bow on 'public land' even though you own it?

Steve.
 
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