I know we have members that are not allowed lockbacks
Not quite correct. Our UK members should speak up, but my understanding is that fixed blades and lockblades are legal to own and carry in the UK within "reasonableness" limitations that are ill defined. From a functional standpoint I can't comment since ruining a fellow with legal entanglements certainly will drive the law-abiding to aviod such entanglements by ditching anything that they are told will get them in trouble.
http://www.britishblades.com/forums/showthread.php?t=8336
Q: What is the legal definition of a lock knife?
A: A Crown Court case (Harris v DPP), saw an entheusiastic lawyer convincing a judge that a lock knife was eqivalent to a fixed blade knife when the lock was engaged. Even though it has not been defined in a parliamentary act, it has never been overturned or superceeded and so is effective law (case law). A lock knife for all legal purposes, is the same as a fixed blade knife. A folding pocket knife must be readily foldable at all times. If it has a mechanism that prevents folding, it's a lock knife (or for legal purposes, a fixed blade)!
In theory, case law can be overturned by a more senior judge or court. The Harris ruling has been tested in a more senior court, namely the Court of Appeal - the highest court in the UK before parliament. The case of REGINA - v - DESMOND GARCIA DEEGAN, Court of Appeal 1998, upheld the Harris ruling stating that "folding was held to mean non-locking". No leave to appeal was granted. This is significant, since the Harris ruling was upheld in the Court of Appeal by Deegan, ALL COURTS MUST now adhere to the ruling. Following the Deegan deecision, the only way the Harris ruling can be overturned is through a parliamentary act.
Q: Are lock knives illegal to own?
A: No! You can quite legally buy, make, sell, import or gift a lock knife. It is perfectly legal to own and use a lock kinfe on your own property, or on private property where you have the landowners permission. It is, however, ILLEGAL to carry a lock knife in a public place, unless you have a good reason to do so.
Q: Are fixed blade knives illegal to own?
A: No!
Q: Are kitchen knives illegal to own?
A: No!
Q: Can I carry a lock knife (or a fixed blade knife) in a public place just because I feel like it?
A: No, it is ILLEGAL to carry a lock knife in a public place without a good reason.
Q: Can I carry a lock knife in a public place if I have a good reason?
A: Yes.
Q: Can I carry a fixed blade (sheath) knife in a public place if I have a good reason?
A: Yes.
Q: What constitutes a reasonable reason?
A: According to section 139, subsections 4&5 of the 1988 Criminal justice Act....
(4) It shall be a defence for a person charged with an offence under this section to prove that he had good reason or lawful authority for having the article with him in a public place.
(5) Without prejudice to the generality of subsection (4) above, it shall be a defence for a person charged with an offence under this section to prove that he had the article with him—
for use at work;
for religious reasons; or
as part of any national costume.
Q: Are there any other reasonable reasons?
A: Yes. What constitutes a reasonable reason is a matter for common sense, the police and the courts. There is no exhaustable list defined in law. If you think you have a reasonable reason and a police officer disagrees, it'll be up to the courts to decide your fate.
Q: Is "self defence" a reasonable reason?
A: Absolutely not! If you are carrying a knife for self defence, by definition you are carrying the knife as a weapon. Not only are you guilty of carrying a bladed article, contrary to s139 of the 1988 Criminal Justice Act, but you are also guilty of the more serious offence of carrying an offensive weapon.
Q: What is the penalty for carrying a lock knife in public, without a reasonable reason?
A: According to section 139, subsections 6 (a) & (b) of the 1988 Criminal Justice Act:
(6) A person guilty of an offence under subsection (1) above shall be liable
on summary conviction, to imprisonment for a term not exceeding six months, or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding two years, or a fine, or both.
Q: What constitutes a public place?
A: Section 139, subsection 7 of the 1988 Criminal Justice Act, defines it as:
(7) In this section “public place” includes any place to which at the material time the public have or are permitted access, whether on payment or otherwise.
Q: Can I keep a locking knife in the glove compartment of my car, just because I feel like it?
A: No! Your car is defined by law as a public place. There is no legal difference (for the purpose discussed here) between your car and the pavement outside your local cinema. A car is not a piece of land and is therefore not private property uinless it's parked on private property. Think of it as luggage. Think of a parked car as left luggage.
Q: Are there any knives I can carry in public in the UK, just because I feel like it?
A: Yes.
Q: What kind of knife can I carry in a public place without a reasonable reason?
A: The knife must have a cutting edge of no more than 3 inches and must not have a lock of any kind.
For a knife to be a folding pocket-knife within the meaning of this section, it must be readily and immediately foldable at all times, simply by the folding process. A lock-knife, which required a further process, namely activating a trigger mechanism to fold the blade back into the handle, was held not to be a folding pocket-knife (Harris v DPP [1993] 1 All ER 562); followed in R v Deegan [1998] Crim LR 562,[1998] 2 Cr App Rep 121. The section applies to articles which have a blade or are sharply pointed, falling into the same broad category as a knife or sharply pointed instrument;
He was so proud that it still sits in it's box in the center of his office library today. I lost mine a about two years ago. I believe that it was the best cutting knife I have ever used. Too bad they went under.
