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Can you carry a knife?

Discussion in 'The Pub' started by V2, Oct 11, 2013.

  1. With the new anti bikie laws being introduced soon I would not be surprised if the police can frisk anyone on 2 wheels soon.

    I used to carry a folding knife in my jacket which was purely intended as a handy tool during break downs and I've used it once to cut the chin strap off the helmet of a fallen rider.

    Am I legally allowed to carry a knife nowadays or is this considered a deadly weapon and punishable my jail! I'd prefer to know now rather than once I get pulled over!

    • Like Like x 1
  2. I don't know the details of the laws concerning the carrying of knives, but I think they're regarded as a "concealed weapon" and you have to have a genuine reason to be carrying, such as occupational use and headed to or from your place of work. The laws might vary from state to state as well.
    I was thinking about this last night, and wondering how it might affect adventure riders who often have a knife in their kit for various reasons. If three ADV riders get detained and searched and the cops find bush knives in their stuff, how is that going to go down?
  3. Carrying a knife?? I think you'll find it goes a bit like this..

    On a camping trip - yes.
    On the Number 63 tram to Camberwell - no
    While working in the garden - yes
    On an outing to the theater - no
    At work eg. for opening boxes, cutting tape etc - yes
    Dining out with friends - no
    Fishing with the family - yes
    At an airport - no
    At a butchers convention - yes
    At a teachers convention - no

    There's a pattern forming here right??
    I was once asked ... "when can I carry a knife?"
    I replied ... "if you have to ask then I don't want you anywhere near something sharp"

    ****** waits for the tin foil hat wearers to leap in with the usual persecution anecdotes.
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    • Agree Agree x 1
  4. Yes, a small two-bladed Swiss Army knife. I use it all the time for opening computer boxes in my work..
    and cutting the shielding on network cabling
    and as a temporary screwdriver
  5. You know there are places other then dirty bird and golden arches where cutting your food with your teeth is frowned upon. I know it's a shame I always just want to pick up my steak and go all shark attack on it but they prefer I use a knife at this point.
    • Funny Funny x 5
    • Like Like x 1
    • Agree Agree x 1
  6. (A knife that is not otherwise a prohibited weapon falls into the regulated weapon category.)

    I'm interested to know whether the definitions of 'carrying' and 'lawful excuse' has been made. It has been suggested that including the knife in a tool kit might meet those requirement...
    • Agree Agree x 1
  7. Last time I checked you were fine to carry any pocket knife with a blade < 100mm. Your average Swiss Army Knife or similar in a pouch on your belt is fine.

    Riding around with butterfly or hunting knives on your person could get you into strife.
  8. Screw the pigs! I always carry a plastic picnic knife for protection. So you mess with me you'll get wounded something akin to a paper cut!!
    • Like Like x 1
  9. Assuming you are in Queensland, refer to relevant Qld legislation:

    Weapons Categories Regulations 1997.

    The weapons category regulation defines what is considered to be a category M weapon ie. a knife that is designed as a weapon.

    Section 7A Category M Weapons:

    Weapons Act 1990.

    Section 51 Possession of a knife in a public place or a school

    (1) A person must not physically possess a knife in a public place
    or a school, unless the person has a reasonable excuse.

    (2) It is a reasonable excuse for subsection (1) to physically
    possess a knife—

    (a) to perform a lawful activity, duty or employment; or
    (b) to participate in a lawful entertainment, recreation or
    sport; or
    (c) for exhibiting the knife; or
    (d) for use for a lawful purpose.

    Example for subsection (2)(a)—

    1 A person may carry a knife on his or her belt for performing work in primary production.

    Examples for subsection (2)(b)—

    1 A scout may carry a knife on his or her belt as part of the scout uniform.
    2 A person may carry a knife as an accessory while playing in a pipe band.
    3 A fisher may carry a knife for use while fishing.

    Examples for subsection (2)(d)—

    1 A person may use a knife to prepare or cut food at a restaurant in a public place or when having a picnic in a park.

    2 A person may carry a pen knife or swiss army knife for use for its normal utility purposes.

    (3) However, it is not a reasonable excuse to physically possess a knife in a public place or a school for self-defence purposes.

    (4) In deciding what is a reasonable excuse for subsection (1),

    regard may be had, among other things, to whether the way the knife is held in possession, or when and where it is held in possession,would cause a reasonable person concern that he or she, or someone else in the vicinity, may be threatened or harmed.

    The Weapons Act provides when it is allowable to carry a knife. Points (2)(a), (b) and (d) are the relevant parts. So, a reasonable excuse would be if you use it for your work (stripping wires, cutting rope, opening packages etc) or, as per the example, for “normal utility purposes”.

    Take note that this says nothing about knife types; as long as the knife doesn't fall into a weapons category (which, if used for lawful purposes as above, it doesn't), then it says nothing about what is or isn't covered. So therefore no limits on blade length or size etc.

    Point 4 however, does mean that if you carry around a scary looking knife you could be in trouble :)

  10. 1/ Apply to the tax office for a sole merchants ABN
    2/ buy many many knives and carry them everywhere
    3/ show everyone you meet all of them

    When asked for a lawful reason, you are a traveling knife salesman.

    Alternatively I have a multitool that lives on my belt, since I don't wave it around and remove it for when I go to clubs and bars there has never been an issue.
  11. Sounds like whether you get in trouble or not depends on the "intent" of carrying a knife.

    I swear on a bible that I carry a slightly bigger knife than a swiss army pocket knife (pic below - availibale at any camping shop - not a self defense store) purely as a break down multifunction tool. The thicker blade means I can use it as a prying tool without snapping (as a swiss army knife might).

    If I get pulled over and searched, I doubt it will depend on my interpretation of the law but rather the policeman's opinion of why I'm carrying it. I'm sure 95% of the police would say its fine but there would also be the other 5% who would just say its a weapon and therefore I assume I'd be in trouble?

  12. Out here in the country I doubt anyone would take a second look at that knife. I am wary of how it might be perceived in the inner city however.
  13. There is one current forum member who took a fruit knife to work to eat his oranges that day. Weeks later the person was arrested on an unrelated matter. Before being being taken to the police station, he was searched and they found the small fruit knife in the front pocket of his denim jacket (he'd forgetten the knife was even there until police found it). He was charged with the offence he was initially arrested for, in addition to "carrying a concealed weapon".

    The Magistrates Court found both offenses proven. He now has a criminal record.

  14. Enough said - Knife gone.

    Can riding with a screw driver be considered having a concealed weapon!

    On a side note - it just shows how stupid things have become. A few years while going thru airport security with my 10 year old daughter, she was pulled aside after x-raying her hand luggage. They asked her to open her pencil case and she pullout a pair of those scissors covered in plastic that pre-school kids use. They were confiscated from her! If someone confronted me with a pair of scissors like that I'd just laugh! At the same time a had a 300mm steel ruler (I'm an engineer) in my breifcase. That was fine. Just no logic. If I was asked to pick a weapon to defend myself with, I'd pick a steel ruler over plastic scissors any day!
  15. I've carried a utility knife with a 100mm blade with me as long as I care to remember, fishing, camping, working, driving and riding. I'm not about to stop now just because some people may see it as a weapon whatever the law.
    Having said that, my knife looks like what it is, a utility tool, I can't say the same for V2's knife.
  16. A 300mm steel rule edge wise across the knuckles HURTS! We had several injuries, and one suspension, in my metal work class in high school from guys "sword fighting" with them. Silly buggers. The throwing stars were much more fun!
  17. You might go get done for going equipped carrying a screwdriver,total guess on my part.I regularly forget the Stanley knife or screw diver in my back pocket.Work related gear mostly,airports are interesting.Go airside of the barriers and ALL TOOLS are logged in and more importantly logged out.So you don't pass them on or hide them in a toilet.Time consuming but reasonable to me.
  18. The short answer is no, unless you are carrying it offensively or without lawful excuse then the police can take action eg. it is highly unlikely that a person would have a lawful excuse for having a concealed fishing knife or screwdriver in a nightclub at 2 am.

  19. There ya go, if you are wearing a Kilt and Carring your Bagpipes you should be fine. ;)
  20. Haha, yep.