Muh freedom
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Muh freedom
My people are destroyed for lack of knowledge... - Hosea 4:6
Remember you are in a SOCIALIST country.The goverment will decide what is best for you. Possibly the wet noodle O TOOLE will be elected and sort things out. Good luck with that.
Neat, will be keeping an eye outOriginally Posted by CanAm
The gun has played a critical role in history. An invention which has been praised and denounced... Served hero and villain alike... And carries with it moral responsibility. To understand the gun is to better understand history.
Amen..
bump for cool factor
That's great ! I've always wondered if you can own a US 1918 mk1 L.F.& C trench knife as a collector in Canada . I'm very interested to see what happens here on this thread .
When I spoke to a friend of mine at CBSA, she was saying that it has to do with the material that the "knuckles" are made of. So to quote one of the previous posters, "The device known as “Brass Knuckles” and any similar device consisting of a band of metal with one or more finger holes designed to fit over the fingers of the hand."
As said to me, (correctly or not) if they are made of plastic, it doesn't fit the description of the specific prohibited device.
You are either trained or untrained, and you
will always fall to the level of your training.
Meanwhile they'll confiscate anything related to the ar15 with zero details recorded.
The following is not to be relied on as legal advice nor is it intended to be insulting to anyone else in this thread:
With respect, when dealing with legal matters one needs to reference the source material.
The Short Answer:
A "trench knife" (or any other variation of the name) is not prescribed to be a prohibited weapon by name. It is considered to be a prohibited weapon because the handle is considered to a device that is similar to "Brass Knuckles", consisting of a band of metal with one or more finger holes designed to fit over the fingers of the hand. (https://laws-lois.justice.gc.ca/eng/...and.,-PART%204)
Therefore, if a "trench knife" was created with a handle consisting of a non-metal material that knife would not be considered a prohibited weapon. One cannot say that it would be considered a prohibited weapon because it is a variant of a "trench knife", as a "trench knife" is not prescribed by name to be a prohibited weapon under the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462). (https://laws-lois.justice.gc.ca/eng/...ited%20Weapons)
The Long Answer:
A prohibited weapon is defined within the interpretation section of section 84 of the Criminal Code of Canada. It is defined in the following manner:
"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; (arme prohibée)"
Part (a) clearly does not apply to a trench knife; but does part (b)?
Weapons that are prescribed to be prohibited weapons are listed in the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462) and/or the Criminal Code of Canada.
(https://laws-lois.justice.gc.ca/eng/...ited%20Weapons & https://laws-lois.justice.gc.ca/eng/acts/c-46/)
A "trench knife" (or any variation of that name) is not named in these regulations or the code. The regulations do however list a device known as "Brass Knuckles" to be a prohibited weapon. Please see below:
"Former Prohibited Weapons Order, No. 8
15 The device known as “Brass Knuckles” and any similar device consisting of a band of metal with one or more finger holes designed to fit over the fingers of the hand." (bolding and underlining added for emphasis)
(https://laws-lois.justice.gc.ca/eng/...and.,-PART%204)
The handle of a "trench knife" is considered to a device that is similar to "Brass Knuckles", consisting of a band of metal with one or more finger holes designed to fit over the fingers of the hand. Therefore, a "trench knife" is considered to be a prohibited weapon.
Therefore, if a "trench knife" was created with a handle consisting of a non-metal material that knife would not be considered a prohibited weapon. One cannot say that it would be considered a prohibited weapon because it is a variant of a "trench knife", as a "trench knife" is not prescribed by name to be a prohibited weapon under the Regulations Prescribing Certain Firearms and Other Weapons, Components and Parts of Weapons, Accessories, Cartridge Magazines, Ammunition and Projectiles as Prohibited or Restricted (SOR/98-462) or the Criminal Code of Canada. (https://laws-lois.justice.gc.ca/eng/...ited%20Weapons)
Having said that, if such a knife was created and if it garnered a significant amount of negative attention, the proper authority could prescribe the knife to be a prohibited weapon in the future.
Furthermore, one may encounter issues with sections 88, 89, and 90 of the Criminal Code of Canada depending on the circumstances that one may possess such a knife in. This is because a "trench knife" was designed solely to be a weapon. I will not provide a definitive source for this; it is common knowledge and there are various sources available which will attest to this. I believe an argument that a "trench knife" is a tool and not a "weapon", as defined in the Criminal Code of Canada, would be unsuccessful. The term "weapon" is defined in section 2 of the Criminal Code of Canada in the following manner:
"weapon means any thing used, designed to be used or intended for use
(a) in causing death or injury to any person, or
(b) for the purpose of threatening or intimidating any person
and, without restricting the generality of the foregoing, includes a firearm and, for the purposes of sections 88, 267 and 272, any thing used, designed to be used or intended for use in binding or tying up a person against their will; (arme)" (underlining added for emphasis)
(
Does this mean that you could not carry such a knife in public? Not necessarily; it depends on your intentions, whether it is carried in the open, and whether it is brought to a public meeting.
We could continue this discussion further, but I believe that this suffices.
Best regards,
MP2011
Trench knives are prohibited due to the metal "Brass Knuckle" guard. If that guard was a "D" guard or made of a material other than metal, it would not be considered prohibited. It would be a fixed blade knife. No restrictions on importation of fixed blade knives.
Brass knuckles
43. The device known as brass knuckles and any similar device consisting of a band of metal with one or more finger holes designed to fit over the fingers of the hand. Generally, the outer edges of the brass knuckle will be undulated in order to deliver the kinetic force of a punch through a smaller and harder contact area. Brass knuckles can be made of any type of metal. Typically, but not exclusively, brass knuckles are made with four finger holes, though there are many variations. An example of such a variation would be "half knuckles", that is, a band of metal with only two finger holes.
44. Brass knuckles can be combined with other weapons such as knives. These "brass knuckles knives" consist of two parts: a knife blade, and brass knuckles integrated into the handle. The blade part does not generally possess characteristics that would make it fall under the definition of prohibited weapon. Rather, it is the brass knuckles handle that will usually determine the knife's classification as a prohibited weapon. In order for the knife to be prohibited, the brass knuckles part of the knife must meet the definition of "brass knuckles" in the regulations. Therefore, to classify a "brass knuckles knife" as prohibited:
(a) the handle must be a weapon; and
(b) that weapon must meet the definition of brass knuckles. It is not sufficient for the blade portion of the knife to be designed as a weapon
Exception: The following goods generally do not meet the definition of prohibited weapon, and thus do not fall under tariff item 9898.00.00. Their misuse may nonetheless be punishable under other laws:
(a) plastic knuckles do not fall within the definition of "brass knuckle"
(b) D-guard knives (knives with a hand-guard in the form of a "D")
Last edited by ShooterPHD; 04-19-2022 at 01:33 PM.
~ShooterPHD
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