LOGO
Reply to Thread New Thread
Old 10-29-2009, 08:56 AM   #1
BlackBird

Join Date
Oct 2005
Posts
463
Senior Member
Default Legality of wooden sword in public
I'm going to be in New York City for Halloween and looking to use a practice wooden sword as a prop for my costume. The sword has no sheath, but it will be on my back and will not be drawn. Are there specific NY/NYC statutes against this. I'm also curious of other state laws regarding the same issue for academic reasons. Please post legal citation if possible. Thanks for your help.

Al
BlackBird is offline


Old 10-29-2009, 09:37 AM   #2
Meowmeowz

Join Date
Oct 2005
Posts
475
Senior Member
Default
New York's legislation (like that of many other municipalities) addressing weapons of a variety of forms definitely applies to bokuto and jo. The law proscribes possessing weapons while behaving in a threatening manner or "brandishing" weapons during any encounter, and further requires transported weapons to be in some sort of hard, locked container. Note that these laws are a little vague (and in reasonable circumstances Halloween will likely afford some flexibility). However, keep in mind that it is the law enforcement guy in front of you who gets to define "brandishing", and it's well within an officer's purview to stop, detain and arrest you if you are openly carrying such a weapon. You may be able to (politely) convince them that it isn't necessary, but if you can't, you'll have to try again with a judge. On a separate note, plenty of clubs prohibit weapons separately from municipal law, and you might not see a lot of flexibility there.

YMMV,
John
Meowmeowz is offline


Old 10-29-2009, 10:15 AM   #3
Caregrasy

Join Date
Oct 2005
Posts
444
Senior Member
Default
about 20 yrs ago, my cousin had nunchaku in his car when he was pulled over for speeding. that nunchaku got him in more trouble than the speeding.

pete
Caregrasy is offline


Old 10-29-2009, 10:29 AM   #4
LINETFAD

Join Date
Nov 2005
Posts
426
Senior Member
Default
I am not a lawyer, but I think NYS Penal Code section 265 is what you are looking for when it comes to legal citation.
LINETFAD is offline


Old 10-29-2009, 10:36 AM   #5
Precturge

Join Date
Oct 2005
Posts
585
Senior Member
Default
I think I would just buy one of those plastic samurai swords, the more brightly colored to let someone know it's an obvious fake the better. NY police can be testy sometimes and if they even think you're going to be a danger to the public it would make for long Halloween. While I think the bokuto would be much more authentic I’m not sure it would be worth the trouble.
Precturge is offline


Old 10-29-2009, 11:35 AM   #6
aNoBVsUW

Join Date
Oct 2005
Posts
400
Senior Member
Default
Could you make it unusable by fixing it to the shoulder straps or screwing it into a plastic saya?
aNoBVsUW is offline


Old 10-30-2009, 12:11 AM   #7
agracias

Join Date
Oct 2005
Posts
391
Senior Member
Default
Just use a boat oar instead.

Does anyone know if the same law exists in the Netherlands? Cause I usually just have my bokkuto strapped on the outside of my shinaibag in the trunk of my car (can't get the tsuba off...).

Btw does that NY law also apply to those wooden toy swords that kids run around with?
agracias is offline


Old 10-30-2009, 12:30 AM   #8
gSjQEEmq

Join Date
Oct 2005
Posts
451
Senior Member
Default
Just use a boat oar instead.

Does anyone know if the same law exists in the Netherlands? Cause I usually just have my bokkuto strapped on the outside of my shinaibag in the trunk of my car (can't get the tsuba off...).

Btw does that NY law also apply to those wooden toy swords that kids run around with?
If it's in the trunk i don't think it will be a problem. If you travel by train though, it is. A mate of mine got a fine because had carried it like that on the train. It would have cost him €120 if i did not have any space in my shinai bag. We both did not know that but we could resolve it on the spot so he did not get the fine.

grtz Mathijs
gSjQEEmq is offline


Old 10-30-2009, 12:55 AM   #9
glagoliska

Join Date
Oct 2005
Posts
372
Senior Member
Default
If it's in the trunk i don't think it will be a problem. If you travel by train though, it is. A mate of mine got a fine because had carried it like that on the train. It would have cost him €120 if i did not have any space in my shinai bag. We both did not know that but we could resolve it on the spot so he did not get the fine.

grtz Mathijs
Thanks, good to know! I never really wondered about it cause I see kids walking/biking around with hockey sticks in their hands on their way to practice all the time and those can be just as "lethal" as a bokkuto.
glagoliska is offline


Old 10-30-2009, 01:24 AM   #10
gtyruzzel

Join Date
Oct 2005
Posts
430
Senior Member
Default
I'm going to be in New York City for Halloween and looking to use a practice wooden sword as a prop for my costume. The sword has no sheath, but it will be on my back and will not be drawn. Are there specific NY/NYC statutes against this. I'm also curious of other state laws regarding the same issue for academic reasons. Please post legal citation if possible. Thanks for your help.

Al
Have you thought about going dressed as a ghost? Well, the idea of wearing a costume that involves strapping a bokken to your back I think could use some extra thought. Regardless of the NYS Penal Code, you would not want to have something like that tied to your back in a public area where there will be no doubt drinking involved anyway. What is to stop someone from taking it from you and getting into trouble? Buy a big plastic sword or something like that :-)

...but seriously, some of those ghost costumes are great :-)

Be safe.
gtyruzzel is offline



Reply to Thread New Thread

« Previous Thread | Next Thread »

Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 

All times are GMT +1. The time now is 05:46 PM.
Copyright ©2000 - 2012, Jelsoft Enterprises Ltd.
Search Engine Optimization by vBSEO 3.6.0 PL2
Design & Developed by Amodity.com
Copyright© Amodity