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> is it illegal to carry pocket knife above 3 inches

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tatsuhirohayashi
post Oct 3 2012, 11:31 PM

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Joined: Sep 2012
QUOTE(trent666 @ May 22 2012, 06:50 PM)
I've been doing some research on knives and swords. I've consulted the laws, lawyers and cops.

The law you need to refer to is CORROSIVE AND EXPLOSIVE SUBSTANCES AND OFFENSIVE WEAPONS ACT 1958

Details here:
» Click to show Spoiler - click again to hide... «


Punishment under SECTION 6 (1):
- Maximum two year jail term and whipping.

My interpretation:
1. The law does not describe how "long" the knife has to be to be considered a dangerous weapon.
2. The law clearly stipulates that balisongs/switchblades (both understood by the law as flick knife) and the gravity knives are illegal.
3. The law clearly stipulates that anything designed to stab or pierce flesh is illegal.
4. Swords of all type are strictly forbidden.
5. Swords or other forbidden items are only legal if they are where they are designed to be - e.g. Sword at a Martial Arts Dojo, Parang at a garden shed instead of your car etc

Conclusion:
1. Penknives/pocketknives, by nature of being small and designed for non-lethal use, are not illegal.
2. Multi-tools are designed to be *multi-tools* and thus the knife was not designed for lethal use.
3. Single-hand operated folding knives are subjective.
- If I were to carry one, I would choose a model that is not designed for stabbing (single-sided blade, includes serrated blade. See sample here.)
- Probably not recommended for our ambigous laws.
4. Cops have the discretion to decide whether your penknife etc is forbidden under this law.
5. Even a baton/T-baton/cota can be considered a weapon.

Additional notes:
1. No. I can't import the sword I wanted.
2. I carry a Leatherman Style CS on my keychain*.
3. I equip a small letter opener in the car for practical reasons.
4. I have two SAKs which I keep at home for home use and they have travelled with me overseas (check-in lugguage).

Hope this helps and I look foward to hearing feedback.

*My keychain is my primary self-defence weapon and I hold it whenever I'm in dodgy places.
*
Once I was remanded for this stupid law. Why stupid? Because the police are given the rights to frisk you or simply check your transportations for "dangerous items" based on "suspicions" without a warrant. They wasted my time and energy just because I came back from a camping trip and forgot to stash my knife safely at home. They tried connecting me to the nearest reported cases involving knives as a weapon, and lucky thing there was no reported cases nearby the area I was in. They could've bring me to sessions court the next day and charge me straight on as there was no other cases to tie me on but they decided to ask the judge for a 7 day remand. Also lucky thing I asked for shorter remand times as I was still in college that time, so the judge gave the police 4 days to "investigate". They were supposed to put me through drug tests but it didn't happen, just a short harmless interrogation and fingerprinting. But what upsets me was the 4 + 1 days of being held in the holding cell with nothing to do. If I were to be remanded for 7 days boy I'd attempt to hang myself for going insane. Jails can make a person insane by making them stare into endless voids not knowing what day or what time it is outside.

As I got out, my bail was set to RM1.6k. Took me two friggin' years to clear off my case, luckily I had a lawyer who was willing to represent me pro-bono. One lawyer in PJ who advertises himself around the PJ Sessions Court as "Elvis Malaysia" was a legal "crack-lawyer" who charges damn expensively - to open up my file he wanted to charge me RM5k, not worth it at all for a small stupid case involving knives.

However, being a free-man again I would like to address how stupid are our outdated laws. Fine, bringing knives to public areas should go on as an offense but to give authorities the rights to search you and your property under mere suspicions without a warrant? I don't wanna come back to this country anymore, and if the govt wants to take away my citizenship I'd say go ahead, I don't like your political ideals and lifestyles anyways.

 

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