Stupid legal system...

A

Ash_Saber

Joined
Feb 16, 2007
Messages
6
Alright, im a new member, and im still a kid (18) and im a mild sword collecter, and being who i am, it would seem like i at least know the rights i have to wield these weapons, right? well damn, i must be dumb because i've searched for ten hours now, trying to find a site that will just tell me, is it legal to carry around a katana with you or not? not conceled. (misspelled)

I've looked through your guy's knife laws, and searched myself, and coudln't find anything really on swords. it's bugging me. lol making me crazy actuly.

See, im still young, and im as law-abiding as i can be. without the often "We pulled ya over cuz you look suspious" act. i'd rather not one day be hauled off just cuz i walked down the road to show of a scimitar to a friend! So far, i havn't been pulled over. i wear them in public, or at night often. as i live in a fairly dagerous area, (still with mom) and do not own a gun (hate them.)

So i was hoping i could just lay down my keyboard and mouse and hope one of you expert knifey and sword guys can help me. Most of my swords are a good length, well over the (as i know) three inch rule. I do keep them sheathed when i wear them, i don't swing them around crazy like. I just like to have them near me. it's a saftey thing. here's some more info if it helps.

I live in lane county, oregon. 97478. For local laws, if anyone's willing to help THAT much.

And we have alot of cop action around her, almost constantly driving down the roads by my house.it's a mix of miracles and hiding behind trees that a cop hasn't spotted me on a midnight training session in the woods, or just walking to a friends house yet.

please reply soon, if anyone cares. it's really starting to make me crazy.

thanks everyone.
 
Most communities do not set down specific laws for specific weapons unless there's been a public request to do so (e.g., balisongs, nunchakus, or other trendy weapons).

That said, other laws cover general weapons carry. In almost all areas, swords have no specific laws, and so fall into this category.

Without knowing the specifics of your community (usually broad state laws with more specific municipal instructions), these broader laws usually follow this format:

If you're carrying the object with local permission (part of a public exhibition on swords), or transporting it from a car to your sword class, or it's part of a recognized historical re-enactments, you're good to go.

If, on the other hand, you're carrying with the intention or the possibility of using it as a weapon, it's almost certainly illegal to do so without a permit.

It all comes down to your intent.

Check out our "Knife Laws" discussion forum for more information. Odds are very good that if you post this there (you may have as I haven't checked there yet today), you'll get someone from your area who knows for sure.
 
One other thought: the "legal system" may initially appear complex and confusing, but is hardly stupid.

The reality is that the organization of laws follows its own logic, but generally a vaguely written law is there to help you, the citizen, plenty of latitude in what you can do. If it doesn't specifically say not to, you can. If it doesn't specifically say you must, you don't have to.

That's actually a pretty good deal that, historically, favors neither side.
 
Remember also that the de facto laws are often more important than the written down ones. The likelihood is that, if you're not part of some kind of demonstration, as has been suggested, carrying a katana down the street will get you arrested, because you look scary, and then they'll often find a reason to keep you in jail until they figure out what to do with you and/or confiscate your stuff.

For example, this could be considered a violation of fixed-blade knife length laws, which is likely the first thing they'd think of to hold you on. Or it could be disturbing the peace. The cops will definitely want to talk to you about it, and you'd also better not make any sudden movements while they're doing it.

Granted, I may be influenced by my area, So. Cal. But I think in most areas of the country, carrying around what amounts to a four-foot-long razor blade will get you busted, one way or another, and at least will be frowned upon by the local authorities.

Jason
 
The "laws" regarding carrying and transporting a sword are going to be a little different depending on where you are. I won't pretend to advise you legally but I haul swords all over the place to the dojo and back, to shows and to peoples houses and demonstrations and on airplanes and such.

The first thing I'd advise you is to never carry it on your person unless you are at a demo and it is in a situation where you are obviously in a controlled area.....wearing it at the dojo where you work out, at a gym or theatre where you have permission to be, or in a private home is one thing. Walking down the street or being even in your back yard or at a public park/beach is gonna get you a lot of questions in general and police officers are going to notice you very quickly. Tossing it in the seat next to you in the car, tossing it in the back seat, walking down the street with a katana in a saya (scabbard) or having a long sword slung over your back are situations that will get you stopped and asked questions. It's a weapon and you will be treated as if you are transporting weapons.

If not in the dojo or at a public demonstration (even at the dojo or at a public demonstration) it's a wise idea to have a good gun case that is "generic"...a hard sided case that is rectangular and has latches and locks and padding and to secure the sword inside. Carrying it in a soft sided shotgun case shaped like a shot gun is better than carrying it uncased but not near as good as in a case that is latched/locked and could be a guiter case, fishing pole case, or have camera equipment in it. My swords are generally high end collectible/user pieces and I use Pelican gun cases for transport and storage. We used to train in a public park (occasionally, in nice weather...) using wooden swords many years ago and we cleared it with the police before we did it. Still, we got so much negative attention the 4 times we did it that we just stayed in the dojo or private training facillities. Training in the dark, in the woods in your own neighborhood is just creepy. I have been training and teaching and making/collecting swords for almost 20 years and once saw two guys swinging swords in the local woods in broad daylite cutting saplings and just playing around at sparring a bit. Before I could even quietly tell them it wasn't a good idea 3 squad cars roared up (no sirens!) and there were guns drawn. This is a quiet town in the Midwest. I don't think the guys got charged but they looked very upset face down on the ground while the police decided what to do about the situation. Someone walking/driving by had apparently called the police and told them two guys were fighting with swords in the woods from a cell phone.

Even wooden swords (bokkens) should be in a case and not carried in the back seat of a car. My former students could be dismissed for carrying naked swords into or out of the dojo or for carrying them uncased in a car. It's really no different than carrying a gun and it will make the general public very nervous (and law officers proportionately even more nervous...) to see them being carried down the street naked or thrust thru a belt. If you want attention (the bad kind) then carrying arms openly will get you noticed...if you want to have fun and stay out of trouble a $25 plastic gun case and a padlock will ensure relativley few problems when transporting swords in public. I have always tried to avoid the gun cases with "Deluxe Rifle Case" embossed or gaudy scenes of guns and hunts molded into the side of them. An expensive Pelican hard PVC case goes a long way towards establishing credibility and protecting your cutlery investment from being confiscated and held as evidence for weeks while it rusts. A cheap $14 shotgun case works well also.

As far as wearing or swinging them goes I would recommend to stay behind closed doors and out of the public domain...private property/personal residence behind closed and locked doors with swords transported and stored in latched/locked discreet cases. The more discretion/maturity you can excercise the less anxiety and problems there will be.

Brian
 
Wow, so many replys, and so many questions awnsered. yeah, i can understand it'd bring up problems just having them. In fact, the one time i was caught, i had my bokken with me, and they had thought it a sword *i guess they had alot of ppl with swords that looked like sticks running around* it was middle of the day too. And what i found odd was, they opely told me to put the sword down (informing me they thought it actuly a blade) and talked to me about being suspsious. *i also was wearing some odd clouthes, and was being wierd, tailing a piece of string behind me, i had been in an odd mood* but they said nothing about the 'sword' untill they were finished questioning me, and told me i could pick it back up after they left, that's when i told them it was basicly a stick, and they just shrugged.

So im unsure if they really cared that i was carring it. but, it would think it would attract alot of attenchion. also, while on the subject, how would the law define 'conceled' i mean, i carry around a hunting knife with me wherever i go *always prepared* and it's on my belt, so if my coat is barley covering it, just because im wearing a big coat, is that illegal? or if, i zip up my coat cuz it's cold? Because my whole family kinda has this thing about passing down this same sword, knife, and multi-tool from generation to generation, and in my family if you don't have it on you at all times, your in big trouble. Of course im allowed to take it off for school, although i still keep the sheath on.

But im very happy that you all helped me so much, *BTW, i train with naked and open swords in my front yard (i live in an aparment, so i have no yard of my own, but i OKed it with my manager that i could train in front of the poperty,as they is no back.) and cops drive by almost constantly, i've never been bothered, it's probly because im alone, without a soul aroun dme, but im un-sure. it's strange, i would think me being so young, ppl woudl call the cops on me, i mean, seeing a stranger swinging a sword around in your/everyones front yard? i know almost everyone in the complex, mostly because they all come out and talk to me while im training and want to get in on it (wierd huh!?) i even had a sword collecting homeland security officer come over to me and show of HIS swords. lol, even little kids come by with sticks and train with me. there parents come by sometimes too and watch! maybe im just in a loving nairborhood, but i dunno. Im a pretty well liked guy, but... i have no idea.

(also, i've been 'detaned' numours times for being out past curfew (last year) and looking suspious. so the cops know me well, while in a squad car, they even talk to me about THEIR favorite books about samurai and sword techniques, alot of the cops around aparently like them too. i must live in the wierdest area of the US...)


thanks for all your help guys, i really am very greatful.
 
Moderation in all things...... Don't always have to push your luck simply because you feel you have a right to doing specific things. Picture everyone acting as you are....
 
As a fellow Lane county resident, I'm pretty sure that the knife laws for our state may only penalize those carrying a concealed butterfly knife, or any knife that uses a spring or centrifugal force to swing into the open position. This is unlike many states which have blade length requirements for open carry or concealed. I'm pretty sure that if you just feel like strapping on the katana and go to the local 7-11 you're doing nothing wrong. I don't like the idea of "avoiding trouble" by putting it in a case; you're 18, and you have the same rights all of us do. Except to drink alcohol. Since anyone that wants to can carry a 6 inch fixed blade on one's belt, why not a 26 inch one...

-Note: After a few run-ins with the EPD (Eugene police department), I have come to the conclusion that as long as you are NOT in the immediate campus area, they don't bother you too much. One day last year our whole house was up at 8:00 on a Tuesday, so we put on some music to clean the house to. The EPD came into our backyard and simulaneously through the front door, and accused us of "being up all night on meth". They said if they found any drugs they would throw us in jail.
 
In case you haven't noticed, there is a difference between a sword and a knife, even a very large knife. There are various non-weapon uses for knives but a sword is, by its very nature, a weapon and is seen as such by the police and by the public. Use common sense in carrying such devices.
 
But by Oregon law even a knife considered to be a weapon can still be carried as long as it's not concealed.

I have told friends that by Oregon law they could carry anything bladed object, a sword, a battle axe, a halberd, whatever, to just illustrate the leniency of the laws. Maybe you could call a state official or something like that.

Oh and I live in Portland and carry a quite large fixed blade knife. i haven't had any problems yet, besides a few store managers escorting me out hah. :jerkit:
 
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