Augustus Longeye
Board Moderator
Zeppelin Overlord

 United Kingdom
One cannot give offence, only take it.
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« Reply #25 on: May 21, 2012, 11:43:52 am » |
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Just a question on you're fantastic clarification Argus; what about owning curved blades that you bought well before the law was passed? I had a bit of a hobby collecting off blades, one of which is a (completely blunted) katana. ~Longeye~
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GarethG
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« Reply #26 on: May 21, 2012, 12:00:13 pm » |
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Owning them is fine, you just can't sell, hire, lend, give or otherwise dispose of them (except, obviously, for handing them in at your local police station...)
"EXPLANATORY NOTE (This note is not part of the Order)
Section 141 of the Criminal Justice Act 1988 provides that any person who manufactures, sells or hires or offers for sale or hire, exposes or has in his possession for the purpose of sale or hire, or lends or gives to any other person, a weapon to which that section applies shall be guilty of an offence and liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale or both. The importation of any such weapon is prohibited.
There are defences under the section in respect of weapons which are made available to a museum or gallery or used for cultural, artistic or educational purposes if lent or hired from a museum or gallery, and in respect of weapons used for the purposes of the Crown or of a visiting force as defined in subsection (6) of that section.
This Order specifies descriptions of weapons to which section 141 of the Criminal Justice Act 1988 applies. Antique weapons, which are defined as weapons over 100 years old at the time of an alleged offence, are excluded.
By virtue of article 1 the Order comes into force two months after it is made."
Taken from The Criminal Justice Act 1988 (Offensive Weapons) Order 1988
"3. It shall be a defence for a person charged—
(a)with an offence under section 141(1) of the Criminal Justice Act 1988; or (b)with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979(2), in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) to show that the weapon in question was made in Japan before 1954 or was made in Japan at any other time according to traditional methods of forging swords.
4. It shall be a defence for a person charged—
(a)with an offence under section 141(1) of the Criminal Justice Act 1988; or (b)with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979, in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) to show that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted activity for which public liability insurance is held in relation to liabilities to third parties arising from or in connection with the organisation and holding of such an activity.
5. For the purposes of paragraph 4—
“historical re-enactment” means any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past; “insurance” means a contract of insurance or other arrangement made for the purpose of indemnifying a person or persons named in the contract or under the arrangement; “permitted activity” means an historical re-enactment or a sporting activity; “sporting activity” means the practising of a sport which requires the use of a weapon described in paragraph 1(r); “third parties” includes participants in, and spectators of, a permitted activity and members of the public. 6. For the purposes of paragraphs 3 and 4, a person shall be taken to have shown a matter specified in those paragraphs if—
(a)sufficient evidence of that matter is adduced to raise an issue with respect to it; and (b)the contrary is not proved beyond a reasonable doubt."
From The Criminal Justice Act 1988 (Offensive Weapons) (Amendment) Order 2008
Hope this helps Gareth
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You, sir! Make an effort! "a drifting spirit was in our hearts, and we ourselves could not understand it. We just sold our farms and set out north-westwards to find a new home."
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immortalis
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« Reply #27 on: May 21, 2012, 12:38:35 pm » |
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Thanks for the replies so far  As has been the case in the past reading the law is as clear as mud, I am trying to get my head round it. You make a good point Argus I was hoping for Tinks bottomline. I think what replica firearms we have are fine, its just I know at least 1 friend was thinking of wearing a rapier and my wife a dagger (me 1 0r 2 just for the character you understand LOL)
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Augustus Longeye
Board Moderator
Zeppelin Overlord

 United Kingdom
One cannot give offence, only take it.
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« Reply #28 on: May 21, 2012, 12:57:09 pm » |
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If it's for the Asylum you might do better just sending TimeTinker a PM and checking with him. Whilst it might be perfectly legal, he might have issues of his own he needs covered which would mean it would be not allowed. ~Longeye~
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Argus Fairbrass
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« Reply #29 on: May 21, 2012, 01:15:07 pm » |
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Your swords are fine Augustus. As has been said, the onus actually is on the sellers not the buyer. I was reading some posts from a Customs officer and a Policeman a while ago, basically stating that if a shop owner illegaly sold you a prohibited replica, technically they'd be the ones breaking the law not you. I have a couple of curved bladed swords as well, I can still have and display them in my own home with no problems, just can't sell them or give them to anyone else, or of course take them outside. 
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Have her steamed and brought to my tent!
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Augustus Longeye
Board Moderator
Zeppelin Overlord

 United Kingdom
One cannot give offence, only take it.
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« Reply #30 on: May 21, 2012, 01:22:01 pm » |
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That's good to know  Of course I'm not going to do anything as bl**dy stupid as waving them around outside (that's a nice way to get shot), and they're all blunt as a... blunt thing that's incredibly blunt (I make sure they're either decorative or purposefully blunted) but it's good to know  Next one I want added to my collection is Anduril  ~Longeye~
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TimeTinker
Rogue Ætherlord
 United Kingdom
Steampunk Facilitator MVSS
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« Reply #31 on: May 21, 2012, 03:27:36 pm » |
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We have no problem with swords being worn although are obliged to point out that these should not really be worn in the street.
Please remember that we use several venues - The Castle, Assembly Rooms, Victoria, Charlotte House and BG University. You have to walk between these venues to experience the whole event.
The only incident I am aware of where the police stopped an Asylum goer about a weapon it was about a "sword". In fact it was a katana handled umbrella and he was politley thanked and allowed to proceed.
"Daggers" are much more of problem. Potentially you are much more likely to have your collar felt for wearing a sheathed knife than a sword or scratchbuilt gun. I would recommend that belt knives are not part of costumes.
The police are well aware of the event and are generally very friendly. There is always the possibility of an officer wanting to make a point. The worst thing you can possibly do is try to argue why you are entitled to carry what you are carrying. The BE NICE rule applies to the police too. Keep it civil and friendly please. If you are asked to put something away or even surrender something then please comply (and get a receipt).
Please note that we always have a rule that large weapons may not be allowed in some areas (purely because of size and jostling people.) Worn weapons are a particular problem. If you keep jabbing a sheathed sword into people when browsing the bazaar eclectica for example then you may well be asked to leave. All weapons are forbidden at The Ball since this is meant to be a formal social event.
The last thing we want is for someone to spoil the event for everyone else. Lots and lots of Asylum goers do not wear weapons at all. We do not want to have to ban weapons. (Peace banding etc is irrelevant by the way) If you are concerned that something might get you into trouble then please simply play safe. Be sensible and behave splendidly and all should be fine.
The weapons policy for The Asylum is constantly under review and a definitve version is usually published in August relating to that year's event. Watch out for it.
PS Unfortunately re-enactors public liability insurance is unlikely to cover you at The Asylum since you are not there as a re-enactor.
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immortalis
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« Reply #32 on: May 21, 2012, 03:36:06 pm » |
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Thank you good sir, I have just sent you a PM please feel free to ignore it  My mind is now at ease about the whole thing thank you again, I will forward this information to my fellows. Its surprising how quick you get used to weapons being part of costume with what we do in reenactment, you forget its not the norm. Also cuts my work load down to just holsters for the two volcanics I purchased from you 
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