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 Post subject: Re: UK Sword Ban
PostPosted: Mon Feb 18, 2008 1:06 pm 
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Juyo

Joined: Wed Sep 05, 2007 5:39 pm
Posts: 562
Location: UK
All,
Finally a snippet of news on the proposed legislation. Yesterday, Sunday, a television show called 'The Politics Show' did a feature on the proposed ban. This was only broadcast in the West Midlands area so many of you may not have seen it. It was fairly brief and the reporter was at least sympathetic - making the point several times that it was rather 'knee jerk' and about as enforcable as the 'Dangerous dogs' legislation that was brought out. Various politicians appeared making sound bites about 'the public are demanding this legislation' and 'the police are demanding it' and so on but at least they did conceed that collectors and martial art practioners would be exempt. Clive Sinclair was shown briefly with some of his collection to put our case - many thanks to him for that. We were ensured that the police would be able to distinquish real from replica but the slightly disturbing aspect was that the idea of certification was mentioned. This idea had been ruled out in talks with Home Office officials. So we are no further forward in reality but things do seem to be going in our direction.

Ian Bottomley


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 Post subject: Re: UK Sword Ban
PostPosted: Thu Feb 28, 2008 2:00 pm 
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Sai Jo Saku

Joined: Sun Aug 06, 2006 9:03 am
Posts: 389
All,
the long awaited amendment to the offensive weapons act was put before both houses of Parliament yesterday. The final document is much diluted and still, I think , unworkable. In summary the act does not now use the term "Samurai sword" it effectively bans any curved single edged weapon with a blade length greater than 50CM. Defences against potential prosecution include:
1. The sword was made in Japan prior to 1954
2 the sword was made in Japan at any other time using traditional methods.
3. Justified usage of the blade for re-enactment or sporting activity.
With regard to other non Japanese swords, cavalry sabres etc The vast majority of these are covered by the existing exemptions which include any antique weapon over one hundred years old.
As has often been said before this is an almost unworkable document which has been drawn up to respond to headlines in Newspapers rather than eliminate violent crime. All parties involved are aware of this but once the government had decided to do it all that could be done was to try and mininse the damage. I think all involved have achieved this. Very many individuals and groups worked hard to prtect our interests over a long period of time. I think they all did an exceptinal job and at least for the moment have ensured we can continue to collect and participate in martial arts within England Wales and Northern Ireland (Scotland have introduced their own legislation)
Thanks to all involved.


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 Post subject: Re: UK Sword Ban
PostPosted: Fri Feb 29, 2008 8:11 am 
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Daimyo
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Joined: Mon Aug 07, 2006 7:32 am
Posts: 1850
Location: France
Paul,

I am glad everything turn out well for GB Nihonto owners :D :D :thumbsup: :thumbsup:

On another hand, my hope I could get at ridiculous prices very valuable swords from England has just vanished :cry: :cry: :cry:

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Soshin Gimei


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 Post subject: Re: UK Sword Ban
PostPosted: Mon Mar 03, 2008 9:18 am 
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Chu Saku
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Joined: Mon Feb 04, 2008 10:55 pm
Posts: 7
Hi Paul,
Thank you for the information. I wonder if you could direct us to an official web site or press release? I tried the Homeoffice web site but couldn't find anything new also tried google but still nothing new.

Cheers
Jez


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 Post subject: Re: UK Sword Ban
PostPosted: Mon Mar 03, 2008 10:21 am 
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Juyo
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Location: Cheshire, UK
There is a scan of the document here:

http://www.to-ken.com/membersarea/Clivesreport.htm

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 Post subject: Re: UK Sword Ban
PostPosted: Wed Mar 19, 2008 6:23 pm 
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Chu Saku

Joined: Wed Mar 19, 2008 6:00 pm
Posts: 2
paulb wrote:
With regard to other non Japanese swords, cavalry sabres etc The vast majority of these are covered by the existing exemptions which include any antique weapon over one hundred years old.



I haven't been able to find any official info that says antiques are exempt from this - do you have a link or a document name?
Cheers


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 Post subject: Re: UK Sword Ban
PostPosted: Wed Mar 19, 2008 7:13 pm 
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Sai Jo Saku

Joined: Sun Aug 06, 2006 9:03 am
Posts: 389
There is nothing in the added revision that refers to antiques. Please remember this is an addition to existing legislation, the offensive weapons act of 1988. This act specifies that antiques over 100 years old are exempt from the act.
I double checked this with the Home Office who confirmed that antique non-Japanese blades were covered by this existing exemption.
regards
paul


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 Post subject: Re: UK Sword Ban
PostPosted: Wed Mar 19, 2008 8:29 pm 
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Chu Saku

Joined: Wed Mar 19, 2008 6:00 pm
Posts: 2
paulb wrote:
There is nothing in the added revision that refers to antiques. Please remember this is an addition to existing legislation, the offensive weapons act of 1988. This act specifies that antiques over 100 years old are exempt from the act.
I double checked this with the Home Office who confirmed that antique non-Japanese blades were covered by this existing exemption.
regards
paul



Well that's a bit of positive news at least - thanks for the update Paul :)


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 Post subject: Re: UK Sword Ban
PostPosted: Sun Mar 23, 2008 10:16 am 
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Chu Saku
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Hi all,
I'm sure you know this http://www.opsi.gov.uk/si/si2008/draft/ukdsi_9780110810324_en_1 is the governments official release of the "The Criminal Justice Act 1988 (Offensive Weapons)(Amendment) Order 2008". Nothing new here, just the same as the photocopied link given by pcfarrar above.

Paragraph 4 gives a defence for organisations holding relevant insurance.
Quote:
4. It shall be a defence for a person charged—

(a) with an offence under section 141(1) of the Criminal Justice Act 1988; or
(b) with an offence under section 50(2) or (3) of the Customs and Excise Management Act 1979,
in respect of any conduct of his relating to a weapon to which section 141 of the Criminal Justice Act 1988 applies by virtue of paragraph 1(r) to show that his conduct was for the purpose only of making the weapon available for the purposes of the organisation and holding of a permitted activity for which public liability insurance is held in relation to liabilities to third parties arising from or in connection with the organisation and holding of such an activity.



O.K. I've been training with weapons insurance for the past ten years or so. This will cover most weapons of wood or metal construction BUT this does not cover "live blades".

Can anyone tell me where I can get the relevant club insurance required?

Jez


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 Post subject: Re: UK Sword Ban
PostPosted: Thu Apr 03, 2008 4:03 am 
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Jo Jo Saku

Joined: Wed Nov 28, 2007 10:34 am
Posts: 171
Location: Perth WA
The saddest part of this whole sorry affair is that the legislation is not intended to stop the violence.
It is a cynical action by the legislators to "appear" as though they care and are doing something, without actually doing anything. The same happened here in Australia with our gun buyback.
It was well known at the time of the handgun ban that this would not have any impact on the use of guns in violent robberies and attacks. Nevertheless since the british govt knows , after being elected multitudinous times, the "great unwashed masses" have s#$t for brains and are easily duped. :steamed:

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 Post subject: Re: UK Sword Ban
PostPosted: Tue Apr 15, 2008 7:47 pm 
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Juyo
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Joined: Sat Aug 05, 2006 9:23 pm
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Location: Cheshire, UK
Has anyone in the UK tested the water yet by importing a sword?

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Peter Farrar


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 Post subject: Re: UK Sword Ban
PostPosted: Thu Apr 17, 2008 11:43 am 
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Jo Saku

Joined: Sat Aug 12, 2006 3:13 am
Posts: 99
I just had a wakizashi listed on ebay removed and the only reason I can think of is I ticked the " will post to England box "
Could that be right ?

Simon

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 Post subject: Re: UK Sword Ban
PostPosted: Thu Apr 17, 2008 1:40 pm 
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Juyo
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Joined: Sat Aug 05, 2006 9:23 pm
Posts: 917
Location: Cheshire, UK
Probably not, as ebay said the ban on sales was only for items listed in the UK. If ebay wanted to stop bidders in the UK buying swords they would just blanket block the sword categories like they do with WW2 stuff in France.

My first purchase post ban has just hit customs, should be interesting to see what happens.

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 Post subject: Re: UK Sword Ban
PostPosted: Mon Apr 21, 2008 2:49 pm 
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Juyo
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Joined: Sat Aug 05, 2006 9:23 pm
Posts: 917
Location: Cheshire, UK
My first sword from the US post ban has cleared customs without any trouble.

It was described as an "antique sword over 150 years old" and using the harmonized tariff code on Darcy's import/export post.

So looks like buying swords from overseas won't be a problem still for UK collectors.

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 Post subject: Re: UK Sword Ban
PostPosted: Tue May 20, 2008 7:03 pm 
i have had two swords detained by uk customs both properly described shinto katana and shinto wakizashi under 50 cm and both over 300 years old .i only found out as they were late arriving from the us so i rang customs and was told an "expert " will phone me. they have had the waki since the 28th of april and the katana since the 2nd of may it will be interesting to hear what there expert says


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