Info and case-law on French knife laws

[Apokrif]

The question has been asked several times on the forum, so I'd like to post the info I got.

I France, knives are "sixth category weapons". The official text is
here: http://www.legifrance.gouv.fr/texteconsolide/RIHEP.htm
(Décret du 18 avril 1939
Décret fixant le régime des matériels de guerre, armes et munitions)

According to http://vosdroits.service-public.fr/ARBO/141403-FXJUS342.html , the 6th category includes all objects which can
be dangerous to public safety, including shurikens and nunchakus, as
well as canes or sticks with an iron end (except those which have got
only one iron end). However, I don't know if this last text is
authoritative.

Article 15 d of the decree says that one can freely buy and own
weapons of the 6th category. You can find Opinels and lockblade knifes
everywhere in France.

There is currently a thread on the topic in fr.misc.droit :

http://groups.google.com/groups?threadm=beuafj$juv$1@news-reader3.wanadoo.fr

In which I read ( http://groups.google.com/groups?selm=beuafj$juv$1@news-reader3.wanadoo.fr ) - The author is referring
to the case-law which is quoted in his edition of the Code pénal,
probably the Dalloz :

Opinel : is a prohibited weapon (Court of appeal of Grenoble, 11/13/1996)

Knife with a device which locks the blade : is a weapon according to
the court of appeal of Grenoble, 1/29/1997.

A Laguiole knife is *not* a weapon because one cannot lock the blade
("same judgment as above" - I dont't know which of both the author
means).

Somebody says in http://groups.google.com/groups?selm=pan.2003.06.04.20.57.27.12403@noSPAMhere.zz :

As far as the law goes, knives seem to be "class 6 weapons".
However, the law also states that an object is considered to be a weapon
if it is a thret to public safety/security. But the court of Bobigny
declared in 1995 in a case brought against a man for possession of a
"Laguiole" knife, that this was an "everyday item", rather than a
purpose-made weapon; therefore carrying this pocket knife in a public
place did not constitute a public danger."

According to the text on service-public.fr, any dangerous object
which could be dangerous can be a "sixth-category weapon". So, in
theory, you could be sentenced for carrying a safety pin... In fact,
you shouldn't have any problem with a SAK, for instance (unless
you're using it as a weapon): one day I went to the Justice court in
Paris (I was a minor, but I was with my father or grandfather): the
cops took my SAK when I went through the metal detector, but they
gave it back when I went out of the building, without fining me or
asking me any question.

 

[shootist16]

Thanks for posting this. Great information.

 

[ELDE]

Following are my 2 cents copied from a "knife community-european knife community" thread (may 2003) , the topic was "is it legal to carry a Laguiole in France ? "
Because I had written something about that in november 2000, I thought it could help then :

" Hi,

Here is an excerpt from a letter I wrote in november 2000.

Take care, law changes all the time !

I hope it will help .


The regulation appliable in that case (decret n° 73-364 du 12 mars 1973) has been changed and modified (refined) in 1995 (decret n°95-589 du mai 1995) and in 1998 (decret n° 98-1148 du 16 decembre 1998) but this (then) current texts do not change the part dealing with knives so the case law is still valid.

The above decrees ("decret" in french) classify war outfit or war gear, weapons and amunitions in seveval categories ("classes") and forbid the carrying of some classes.

The case is about the 6th class where "les armes blanches" are included.

The 6 th class deals with anything that could be a 'weapon threatening the public's safety' as (but not limited to) :

bayonets, saber-bayonets, poniards,fighting knives, clubs/maces, swordcanes,canes with metal colar at both ends and (the
following items added in 1995) nunchakus, throwing stars, knuckle fists, high grade slingshots (not toys), hypodermic propellers and some chemical maces (sprays).

So there are 2 kinds of 6 th weapons : the weapons of the list above and "anything that could constitute a threat to the public's safety".

It is forbidden to carry 'per se' a weapon strictly mentionned in the above and limited list and it is forbidden to carry anything else that could threaten the public's safety without good or valid reason.

Because a Laguiole knife is not mentionned in the prohibited to carry 'per se' list, you can only be prosecuted if this Laguiole knife is regarded as a weapon threatening the public's safety and is carried without a good/valid reason.

That's what happened to 'BM' in 1995.

On april 1995, 'BM' was controled by the police because he was dirving too fast, he was found driving drunk with a Laguiole in his pocket.

'BM' was charged with carrying a weapon of the 6 th class without good reason (driving drunk is not our concern here).


Le Tribunal ( 3 juges) decided a Laguiole knife was not a danger for public's safety and that "BM" did not need a good reason to carry one (after all, a pocketknife belongs to pocket).

Public Prosecution did not filed an appeal and the case went over.

As a side note, if you are found in the same circumstances with a "box cutter" in your pocket, you will really need a good reason".

Thanks for reading.

ELDE