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-   -   What is the United States Law on this? (https://thetfp.com/tfp/tilted-politics/95160-what-united-states-law.html)

ElvenDestiny 09-23-2005 09:08 AM

What is the United States Law on this?
 
After extensive research on google and finding nothing I figured I would resort to here in hopes that someone else was interested enough in looking around and might have some information for me.

A few friends and myself have decided we are going to go to our first Renaissance Festival this weekend and it brought up a topic in mind.

What if any is the law on swords? I am aware that you must be 16 or older to purchase one, and yadda, but that’s owner ship stuff, what is the law on carrying one if any?

Ustwo 09-23-2005 09:17 AM

Its going to be state to state. If you are at a festival, no one would bat an eye, if you walk into walmart with one, you will soon find out what the local laws are.

ElvenDestiny 09-23-2005 09:29 AM

Well im sure of that lol, I emailed the festival managers to find out what their own policies are on such a thing, as I have heard of people taking dulled none functional swords to such things before. But it struck my interest to learn that our own armies used swords to defend this country. That is until the automatic handgun came out lol.

And it brings to my attention that Marines still carry a sword prim for ceremonial reasons.

ElvenDestiny 09-23-2005 09:53 AM

Re: What is the United States Law on this?
 
Can someone traslate this for me?

Pennsylvania - Pa. C.S.A. 18.908. Prohibited offensive
weapons. (a) Offense defined.--A person commits a
misdemeanor of the first degree if, except as authorized
by law, he makes, repairs, sells, or otherwise deals in,
uses, or possesses any offensive weapon. (b) Exception.--
It is a defense under this section for the defendant to
prove by a preponderance of evidence that he possessed of
dealt with the weapon solely as a curio or in a dramatic
performance, or that he possessed it briefly in
consequence of having found it or taken it from an
aggressor, or under circumstances similarly negativing any
intent or likelihood that the would be used unlawfully.
(c) Definition.--As used in this section "offensive
weapon" means... any... dagger, knife, razor or cutting
instrument, the blade of which is exposed in an automatic
way by switch, push-button, spring mechanism, or
otherwise...
- also see 24 P.S. 13-1317.2. re: students bringing weapons
on to school property.]

Pennsylvania case law:
Where opening knife required lock to be released, and
once lock was released blade could be exposed by flip of
wrist, knife did not have blade which could be "exposed in
an automatic way"... by "otherwise" legislature referred
to knives that were opened by some sort of mechanism which
is not a "switch," "push-button," or "spring" mechanism
but still a mechanism... (1979)

Redlemon 09-23-2005 10:23 AM

You'd probably have better luck if this were moved to TFP Weapons. Also, when I went to a renfaire in NY, everyone was required to have "peace ties", which were plastic zip ties that prevented the weapon from being drawn.

Also, the biggest SCA event is held in PA every year, so there must be a way to have weapons legal.

MooseMan3000 09-23-2005 10:33 AM

Well, take it a piece at time. 18.908 a) You commit a misdemeanor if you service, sell, make, repair, own, or posess an offensive weapon. It would seem bad, except for the next two parts.

18.908b b) It's not a misdemeanor if it's used as a prop in a dramatic performance (e.g. carrying it with you as part of your costume for Ye Olde Renaissaince Faire) or if it's a curio (sometimes called a "souvenir"). So basically, carrying the sword at the Ren Fair should be fine. Carrying it just about anywhere should be fine, because it should be fairly easy to prove that it isn't meant as an offensive weapon.

18.908 c) A blade can be considered an "offensive weapon" if the blade can be exposed by some automatic mechanism. Since the sword you're carrying won't likely be a switchblade (I don't know, maybe butterfly broadswords are popular in Pennsylvania), according to that definition it's not an offensive weapon, anyway. So there's three instances of the law that say it's fine to carry.

Case law: You omitted an important part of the case: the part where they say whether it was actually considered an offensive weapon. My guess, from the rest of the wording, is "yes." Basically, there's a knife that doesn't open automatically. You have to flick a switch, then you can open it by flicking your wrist. According to the case law, that falls under the "otherwise" clause of 18.908 C. However, since your sword won't have any such mechanism, it doesn't apply to you.

In other words, you're fine. It's a renaissance fair. People will be carrying swords. As long as you don't actually kill anyone with it, there shouldn't be a problem.

Charlatan 09-23-2005 10:53 AM

Also, is your sword sharp or does it just look nice.

xepherys 09-23-2005 10:58 AM

Lastly, there may be a permit you can get for it similar to a gun permit. In Arizona you can get a permit to carry just about any damned thing you want. You just need to take the 8 hour class first.

Redlemon 09-23-2005 11:00 AM

Let me see, is this event "15 miles north of Lancaster and 14 miles east of Hershey"?

http://www.parenaissancefaire.com/helpful.htm
Quote:

COSTUME DISCOUNTS

We offer a $2.00 discount to adult patrons that visit the Faire in period costumes.

WEAPONS

Weapons are discouraged even as part of costume. You may be asked to check/hold any weapon at the gate. Costume pieces must be “peace tied” so as not to become a hazard to our guests or the patron. The guards at the front gate will assist with the peace tying process if necessary.

ObieX 09-23-2005 04:03 PM

At the NY faire you have to keep the sword locked down with one of those zip-tie things in it's scabbard.
As was said in ED's post most are ok as long as it isn't a switch-blade type weapon. Normal pocket knives and swords/knives are for the most part ok. Chances are you'll have to lock your weapon down like the NY faire.


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