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Thread: Manually Assisted opening knife in Canada

  1. #1
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    Manually Assisted opening knife in Canada

    This summer, jumping on my scoot and heading into Newfoundland and Labrador for three weeks. Prior to crossing the border, is the following knife good-to-go?

    Kershaw's 1840 CKTST

    1. black shallot features a partially serrated blade

    2. stainless-steel with tungsten DLC black coating

    3. manually assisted opening

    4. blade length 3.5 inches


    Thanks

  2. #2
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    I'm not from/don;t live int eh great white north nor am I well versed in their laws, but here is what I found doing a quick google search on Canuck knife laws.

    Memorandum D19-13-2 lists the following items as prohibited (ie: Illegal):

    22. Weapons that fall under paragraph (a) include the following:
    (a) Automatic knife (switchblade) – An automatic knife that houses a blade that will open automatically by hand pressure applied to a lever or button in or attached to the handle (but not on the blade) of the knife. The blade is released by pressure on the lever or button, and opens with the assistance of an internal spring or mechanism.
    (b) Centrifugal knife (folding knife, butterfly knife, balisong knife) – A centrifugal knife is one that opens automatically through the use of centrifugal force. Centrifugal force may be defined as a force, arising from the body's inertia, which appears to act on a body moving in a circular path and is directed away from the centre around which the body is moving. That is, centrifugal force is established when the blade of the knife may be opened with the flick of the wrist. Note that extra manipulation and a requirement for some skill to release the blade do not prevent a knife from being a prohibited weapon. A balisong or butterfly knife is a form of centrifugal knife with two handles that counter-rotate around the blade such that, when closed, the blade is concealed within grooves in the handles.
    (c) Gravity knife – A gravity knife is a folding knife which may be opened automatically by force of gravity. The knife may be additionally controlled by a lever or button, but typically, applying pressure to such a device and pointing the knife downward will result in the knife’s blade releasing and locking into place..

    However, it also lists the following exception:

    Exception: The following type of knife does not generally meet the definition of prohibited weapon, and therefore it is not within the purview of TI 9898.00.00. The misuse of this knife may nonetheless be punishable under other laws.
    23. Torsion bar assisted-opening knives (folding knife, speed-safe knife, spring-assisted knife) – Folding knives that use an internal “torsion bar” to assist in opening them with one hand. The heart of this opening system is the torsion bar in the handle of the knife. In order to open the knife, the user must apply manual pressure to a thumb stud or other protrusion on the blade, thereby overcoming the resistance of the torsion bar. After the blade is moved partially out of the handle by this manual pressure, the torsion bar takes over.


    -Here is another few bits and pieces to review:
    1) d19-13-2-e.pdf - CBSA listing of weapons. Please see Page 11, Section 22e which has the heading "exceptions", and also the following section (23) which describes the knife regarded as not a prohibited weapon in Canada. (http://cbsa-asfc.gc.ca/publications/...-13-2-eng.html)

    2) Criminal Code of Canada - Section that contains the knife information. This is all that is in this document regarding knives:
    “prohibited weapon” means
    (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
    (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon; (http://www.efc.ca/pages/law/cc/cc.html)

    3) A recent Canadian ruling related to this issue.
    http://www.akti.org/news/canadian-ju...es-not-weapons


    I would do some serious research, as the law is stated, almost any knife can be deemed illegal if a mounty sees it as having the ability to be opened by the "Flick of the wrist".

    I asked a Canadian friend and he said whilst manually assisted knives might not be technically illegal, there are tons of cases of them being deemed illegal by Police and courts...

    He mentioned a case where the following was used as grounds to make a legitimate knife illegal:

    He said it was argued that-

    "The wrist-flickability not being the *intended* use of opening his otherwise legitimate manually assisted knife: the law's description of a centrifugal knife as written doesn't care whether or not you intended to open the knife that way or not... if it can be opened that way, it's an illegal knife even if the knife is intended to be opened in another manner."

    I would be careful and maybe contact a Canadian lawyer before taking up north...

    Hopefully a Canadian member can more clearly answer your question. Just figured I'd help out with all I could find out since you asked the question a while ago and have not received an answer...
    Last edited by THCDDM4; 06-28-13 at 13:21.
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  3. #3
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    Re: Manually Assisted opening knife in Canada

    Legally fine. The concern is more that if you're crossing at some outpost in the middle of nowhere, will the border guys have any particular knowledge of the law?

    I wouldn't hesitate to bring it, personally. Canadian knife laws are pretty relaxed, other than the specifically prohibited items.

    Flawless, sub-moa fit and finish...all day long.
    Full disclosure: I'm the editor of Calibre Magazine, which is Canada's gun magazine. In the past I've done consulting work for different manufacturers and OEM suppliers, but not currently. M4C's disclosure policy doesn't seem to cover me but we do have advertisers, although I don't handle that side of things and in general I do not know who is paying us at any given time.

  4. #4
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    Quote Originally Posted by THCDDM4 View Post
    I'm not from/don;t live int eh great white north nor am I well versed in their laws, but here is what I found doing a quick google search on Canuck knife laws.

    Memorandum D19-13-2 lists the following items as prohibited (ie: Illegal):

    22. Weapons that fall under paragraph (a) include the following:
    (a) Automatic knife (switchblade) – An automatic knife that houses a blade that will open automatically by hand pressure applied to a lever or button in or attached to the handle (but not on the blade) of the knife. The blade is released by pressure on the lever or button, and opens with the assistance of an internal spring or mechanism.
    (b) Centrifugal knife (folding knife, butterfly knife, balisong knife) – A centrifugal knife is one that opens automatically through the use of centrifugal force. Centrifugal force may be defined as a force, arising from the body's inertia, which appears to act on a body moving in a circular path and is directed away from the centre around which the body is moving. That is, centrifugal force is established when the blade of the knife may be opened with the flick of the wrist. Note that extra manipulation and a requirement for some skill to release the blade do not prevent a knife from being a prohibited weapon. A balisong or butterfly knife is a form of centrifugal knife with two handles that counter-rotate around the blade such that, when closed, the blade is concealed within grooves in the handles.
    (c) Gravity knife – A gravity knife is a folding knife which may be opened automatically by force of gravity. The knife may be additionally controlled by a lever or button, but typically, applying pressure to such a device and pointing the knife downward will result in the knife’s blade releasing and locking into place..

    However, it also lists the following exception:

    Exception: The following type of knife does not generally meet the definition of prohibited weapon, and therefore it is not within the purview of TI 9898.00.00. The misuse of this knife may nonetheless be punishable under other laws.
    23. Torsion bar assisted-opening knives (folding knife, speed-safe knife, spring-assisted knife) – Folding knives that use an internal “torsion bar” to assist in opening them with one hand. The heart of this opening system is the torsion bar in the handle of the knife. In order to open the knife, the user must apply manual pressure to a thumb stud or other protrusion on the blade, thereby overcoming the resistance of the torsion bar. After the blade is moved partially out of the handle by this manual pressure, the torsion bar takes over.


    -Here is another few bits and pieces to review:
    1) d19-13-2-e.pdf - CBSA listing of weapons. Please see Page 11, Section 22e which has the heading "exceptions", and also the following section (23) which describes the knife regarded as not a prohibited weapon in Canada. (http://cbsa-asfc.gc.ca/publications/...-13-2-eng.html)

    2) Criminal Code of Canada - Section that contains the knife information. This is all that is in this document regarding knives:
    “prohibited weapon” means
    (a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or
    (b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon; (http://www.efc.ca/pages/law/cc/cc.html)

    3) A recent Canadian ruling related to this issue.
    http://www.akti.org/news/canadian-ju...es-not-weapons


    I would do some serious research, as the law is stated, almost any knife can be deemed illegal if a mounty sees it as having the ability to be opened by the "Flick of the wrist".

    I asked a Canadian friend and he said whilst manually assisted knives might not be technically illegal, there are tons of cases of them being deemed illegal by Police and courts...

    He mentioned a case where the following was used as grounds to make a legitimate knife illegal:

    He said it was argued that-

    "The wrist-flickability not being the *intended* use of opening his otherwise legitimate manually assisted knife: the law's description of a centrifugal knife as written doesn't care whether or not you intended to open the knife that way or not... if it can be opened that way, it's an illegal knife even if the knife is intended to be opened in another manner."

    I would be careful and maybe contact a Canadian lawyer before taking up north...

    Hopefully a Canadian member can more clearly answer your question. Just figured I'd help out with all I could find out since you asked the question a while ago and have not received an answer...
    Thank you very much for the data you researched and following my own research, I have decided to leave the knife sitting on my dresser. Living in the socialist state of Md, it has become my primary weapon and will certainly feel naked without the weight hanging from my right pocket.

    As "misanthropist" stated: "the concern is more that you're crossing at some outpost". Back in 1975 my family and I (of course the dog) were camping in the area of Eagle Lake Maine. My Ford wagon ended up with a wheel bearing issue and being the 4th of July all the garages in the US closed for the holidays. Prior to crossing the border in Ft. Kent Maine, I informed the US Border Patrol that we had to get the wheel bearing fixed and will return shortly. He said "no problem", well on our return (new shift), they wanted to quarantine my dog for 90 days. 90 friggin days! Asked to speak to the shift supervisor and explained the situation and fortunately he could make decisions out of the box.

    Based on that experience, my knife will sit on my dresser.


    Thank you guys for the info.

  5. #5
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    Definitely use your own best judgement but Cabela's Canada sells the Kershaw Shallot, so it's readily available here.

    On the other hand I do live on the West side of the country, where weapons are viewed a little more casually. For two years, working on a big construction project in a major city (2 million plus) I carried a Scrap Yard Guard - a 7" fixed blade in a kydex sheath. Never gave it a thought. Used it at work all the time. Never had a single issue, legal or otherwise.
    Full disclosure: I'm the editor of Calibre Magazine, which is Canada's gun magazine. In the past I've done consulting work for different manufacturers and OEM suppliers, but not currently. M4C's disclosure policy doesn't seem to cover me but we do have advertisers, although I don't handle that side of things and in general I do not know who is paying us at any given time.

  6. #6
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    You must consult with a Canadian lawyer that will help you to understand the Canadian's law.And in this way you case easily avoid any legal action that will be happen due to unawareness of law.
    Click Here
    Last edited by Albert; 10-29-13 at 02:06.
    If you must break the law, do it to seize power: in all other cases observe it

  7. #7
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    Quote Originally Posted by misanthropist View Post
    .................... I carried a Scrap Yard Guard - a 7" fixed blade in a kydex sheath. ...............
    You, sir, have very good taste.

  8. #8
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    Well, it's easier than spending a ton of time justifying purchases of cheap stuff, because I never believe my rationalizations anyway.
    Full disclosure: I'm the editor of Calibre Magazine, which is Canada's gun magazine. In the past I've done consulting work for different manufacturers and OEM suppliers, but not currently. M4C's disclosure policy doesn't seem to cover me but we do have advertisers, although I don't handle that side of things and in general I do not know who is paying us at any given time.

  9. #9
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    Quote Originally Posted by platoonDaddy View Post
    This summer, jumping on my scoot and heading into Newfoundland and Labrador for three weeks. Prior to crossing the border, is the following knife good-to-go?
    Did exactly the same trip 15 years ago - THE absolute best vacation of my life. I took a kabar and a rattan arnis stick. Still felt unarmed when the moose chased me on my motorcycle:). Ride safe, dress warm (and dry) and enjoy the cod cheeks & tongues:):):)

    john
    jmoore (aka - BoneDaddy)

    "The state that separates its scholars from its warriors will have its thinking done by cowards, and its fighting by fools." Thucydides

  10. #10
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    Quote Originally Posted by jmoore View Post
    Did exactly the same trip 15 years ago - THE absolute best vacation of my life. I took a kabar and a rattan arnis stick. Still felt unarmed when the moose chased me on my motorcycle. Ride safe, dress warm (and dry) and enjoy the cod cheeks & tongues

    john
    Wife gave me a three week kitchen pass and was on the road only for two weeks (3400 miles). Rained every friggin day BUT two, military issue Gore-Tex certainly failed this trip, maybe because it is old like me.

    Even with the rain, it was a great trip, was amazed that Nova Scotia had very few sand beaches. PEI was beautiful and due to my rain gear failing, I never camped. Wanted the hot shower and soft bed.

    I did carry my Kershaw and the only issue was crossing from NB into Norther Maine, the border guard was a prick. Not about the knife, just about everything else.

    Crossing the border from Maine into NB, it was a breeze and a pleasure talking to the border guard.

    Never saw one four legged creature.

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