Post
by Brett » Tue Apr 08, 2008 11:12 am
I'm reposting some details here from the CSSUK forum. Apologies for cross posting, but I thought some of you may be interested who aren't active on CSSUK.
This ban is now in effect, and applies to ALL swords over 50cm in length, with a curved blade, so dao are included.
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I've been emailing with Jonathan Batt at the Public Order and Offensives Weapons section of the Public Order Unit, trying to get some clarification on the ban, and how it will affect us. He has been very patient and helpful. He also said that we could make representations, to either the public order unit, or to our MPs, to try and get a similar exclusion for Chinese Swords made in China to Japanese ones, but I'm not sure how much luck we would have.
Aside from that, as things stand now, to get exemption as martial artists/re-enactors, you need to be a member of a recognised society that has public liability insurance. The burden of proof lies with the shopkeeper - they are the ones in trouble if they sell a sword to someone who does not have such proof. Mr Batt suggested that a membership card, and a copy of your society's insurance would be enough to purchase the sword, legally.
if you were to import a sword, and it was stopped by customs, providing the same proof, of membership and the club insurance, would be an acceptible defence, and you would get your sword back.
Quoting from Mr Batt's email to me (with his permission):
Contained in the Order which was laid in Parliament on 27 February
banning swords with a curved blade of over 50 centimetres in length,
were defences for collectors, martial artists and those who partake in
historical re-enactments. The defence for martial artist and
re-enactors is that if they want to buy a sword with the above
definition after 6 April 2008, they would need to satisfy the retailer
that they belong to a genuine club or organisation which has third party
liability insurance.
In practice, the public liability insurance will be held by the martial
arts club or re-enactment society with the aim of the defence being that
the insurance covers any liabilities that the club or society has to
participants if they are injured in connection with the organisation and
holding of such an activity. The insurance does not have to cover
situations where one participant is injured by another for which the
club or society has no liability. The definition of "third parties" is
the same as that used in the context of realistic imitation firearms in
the Violent Crime Reduction Act 2006 therefore we are following this
precedent of what is a working defence.
We envisage that a shop keeper would need to satisy themselves that any
person wishing to buy a sword with a curved blade of over 50 centimetres
in length after 6 April 2008 meets the criteria of one of the defences
in the Order covering collectors, martial artists and historical
re-enactors. For martial artists and re-enactors, this could be a
membership card of a genuine club or organisation plus/or a copy of that
club or organisation's public liability insurance. The onus would be on
the shopkeeper as it would be them committing the offence if sell to
wrong person and not the buyer.
END of quote:
Antiques are a completely separate issue. The offensive weapons act does not apply to any weapon over 100 years old, and hence these are not covered by the ban.
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Hope that helps clarify some of the problems we are now facing in the UK.
Brett