Pro Patria
Hate to break it to you but you’re quoting Section 84(1) of the CC. Look at the whole section if you’re going to side with CBSA on this one.
“prohibited weapon means
(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
(b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;”
When they’re referencing a spring they’re defining a switch blade. Where as on an assisted open are you not actuating a spring on the handle; It’s a thumb stud on the blade or the blade itself.
Last edited by Tacticalmedic; 03-25-2018 at 09:52 PM.
Tacticalmedic
How does that not apply to spring assisted knives?(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
This part specifically defines spring assisted knives.or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife,
Guys Im totally expected to get hated on here, but i have say. We push, and push, and push, on what is 'Technically' legal, and come out with design's that are so close to the edge of what a prohibited knive is that we almost force the CBSA to draw a line.
This is the line they have drawn.....
are we all THAT shocked they finally put their foot down? To me this is'nt all that shocking or SMASH the table OUTRAGEOUS. It is more of a "i guess that's the line" decision.
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Basically, if your put your life in danger to better this country, you have my respect.
It would be interesting to get the stats on how many of those **** suckers carry folders on their persons.
The yellow-haired lady was buried at sunset
The stranger went free, of course
For you can't hang a man for killing a woman
Who's trying to steal your horse
The issue here is that it is not their foot to put down in the first place. PERIOD. the actual courts (law courts, not the kangaroo courts of the CITT) as well as all police forces in the country have clearly established precedent that these knives are perfectly legal. full stop, end of story.
You don't need to defend your friend. No one is attacking front line officers here and just because your friend is not fully aware of new rulings that are in the process of being pushed down to him does not mean these rulings do not exist or are written the way that you are imagining them to be.
I strongly urge you to go back the beginning of this thread and read (start to finish) all of the referred documents in the links provided. You will see that the issue is not what you currently think it is but is an example of an government entity, with no real accountability, forcing a unqualified misinterpretation of the criminal code of Canada down out throats.
No one here is hating on you, you just need to learn a bit more about the actual issues before engaging in this discussion.
Last edited by krausb; 03-25-2018 at 09:33 PM.
Hmmm I’m not “hating” on you but you need to do research. I’ve provided you with the definitions wording straight from the Criminal Code. I’ve explained that in sub paragraph a they’re describing a button or switch attached to the handle which activates a spring to open the blade (eg: a switchblade). An assist open knife is applying pressure to the blade (not the handle as you pointed out twice) to open the knife. No other law enforcement agency has interpreted this knife law like CBSA. Even Seseame Street taught us that one of these things is not like the other.
I hate to break it to you but your CBSA buddy is flat out wrong. Keep in mind that any folding knife can be deemed as a prohibited weapon merely by having the pivot screws too loose (in short: if you can flick it open then it’s not legal and tighten the screws.)
You say that your buddy is was “ordered by the government to confiscate all spring assisted, one handed operation folding knives.” who gave such an order? Their authority to confiscate prohibited items would come from the Criminal Code or the Customs and Excise Act. I’d suggest that more than likely they’ve receive internal communications advising to seize said knives that they’ve arbitrarily deemed to be unlawful but in reality are perfectly legal.
I would also wonder why the original people that had their knives seized were even asked about their knives. I cross the boarder all the time and have never been asked to see my pocket knife.
Look I have one assist open knife and honestly I don’t care for it much. I prefer my old fashioned knife which I can still draw and open one handed. The point is that CBSA is in the wrong and needs to be held accountable for wrongfully seizing property.
Cheers.
Tacticalmedic
There is nothing common sense about this at all.
In my mind it's no different than the new claim for "common sense" changes to our gun laws.
We've all legally bought and carried knives that now they're stealing. Not confiscating, stealing.
The claim of being able to flick open a knife is foolish. I emailed for clarification and even a worn out slip joint or lock back folder can be confiscated if it can be flicked open.
This is not ok, anyone trying to claim it's ok is part of the problem and not part of the solution.
Like our gun laws our knife laws need to be rewritten into actual common sense laws. No folder is any more lethal or dangerous than the next. Let us have ANY knife we want and if we use said knife in the commission of a crime punish us to the full extent of the law.
Law abiding persons shouldn't be so heavily restricted...
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signed
Haun0002
So how much more deadly are knives that are already open when you pull them from the sheath (fixed blades)?
If we had no "technically legal", it would all be in the other category.
Further, they are defining this as anything that can be opened one handed. Pretty much defines 90 some percent of knives out there. I can open my old Buck spine lock with no thumb stud or flipper like that.
I am just sick of laws and interpretations of the laws that play off some head case's fear, that there's roving gangs with slicked back hair out there that would simply evaporate, if they didn't have leather jackets, Score, switchblades, and weirdly ominous finger snapping singing and dancing interludes.