The purchase, use and possession of knives and derivatives in Portugal is covered by the current law 05 of 2006, in force since August 2006. Here we try to clarify the user about the implications linked to this problem. This document was prepared based on the interpretation of the Law document itself.
BRIEF SUMMARY
- Blades of less than 10 cm are not considered (in principle) weapons.
- Butterfly knives, boxers, throwing knives, stilettos and spear stars are prohibited weapons.
- Knives hidden from other objects (for example a mobile phone, a shoe) are prohibited weapons.
- Blades not intended for hunting, sporting activities, collecting and other contexts are prohibited weapons.
- The possession of knives is closely linked to the context of use and any licenses (or affiliations) that prove the purpose of that very possession.
INTERPRETATION OF THE APPLICABLE LAW
Law 05/2006 came, among other things, to differentiate weapons in terms of danger, assigning each weapon to a different class from A to G, with class A being the most dangerous. This class is also called the “forbidden weapons” class, where all weapons of war fit.
So says Art. 1 of Law 05/2006:
(…) l) «Knife Weapon» any portable object or instrument equipped with a blade or other cutting or perforating surface of a length equal to or greater than 10 cm or with a cutting-blunt part, as well as intended to throw blades, arrows or bolts , regardless of their dimensions.
It also says Art. 3rd:
Class A weapons, ammunition and accessories are:
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d) White or firearm weapons concealed in the form of another object
e) Self-opening knives, stilettos, butterfly knives, throwing knives, throwing stars and boxers.
f) White weapons not used for hunting, commercial, agricultural, industrial, forestry, domestic or sporting activities, or which, due to their historical or artistic value, are not a collection object.
It also says in Art. 86 regarding the Detention of a Prohibited Weapon:
1 - Whoever, without being authorized, outside the legal conditions or contrary to the prescriptions of the competent authority, holds, transports, imports, stores, buys, acquires in any capacity or by any means or obtains by manufacturing, processing, importing or exporting , wear or bring with you:
d) Class E weapon, melee weapon concealed in the form of another object, automatic opening knife, stiletto, butterfly knife, throwing knife, throwing star and boxers (…)
Thus, it is possible to determine that:
- Everything ue:with a blade smaller than 10 cm is not considered a weapon and is not covered by this law, except if it is used as such (there must be a crime because the object itself is not enough) so much so that to sell knives no type of license is required.
- The sale and possession of self-opening knives (a.k.a. point-in-spring), stilettos, butterfly knives, throwing knives, throwing stars and boxers is also expressly prohibited.
- Knives that are not linked to one of the following practices are also prohibited: hunting (hunting), commercial, agricultural, industrial, forestry, domestic or sporting. All knives justified for this purpose are, in our understanding, classified as a tool or instrument and not a weapon until used as such. Not being able to fit any of the items on display in the Navalhas.com online store into one of the parameters mentioned is difficult, as there are numerous hypotheses to justify the possession of a piece of cutlery. The problem lies in how the buyer will use/hold this equipment.
- If the knife has historical or artistic symbolism, it may be considered a collector's item and therefore does not fall into the category of prohibited weapons.
- Axes, for example, have a cutting-blunt part and are classified as a melee weapon. However, if used with justification (which does not need to be written or proven, it is enough to have context of use) they are allowed to be used. The same goes for machetes or machetes.
In this way we are led to believe that everything has to do with the context just as a long-bladed kitchen knife is not considered a weapon until it is used as such. This means that if a person carries a knife while riding or hunting, he will have perfect justification if he holds a hunting license. If he has guns at home to collect, he must have a collector's license (to be a federated collector). If we need a knife for a specific sport, we must have justification that the knife is in fact for sporting use (to be federated, associated…).
Carrying a knife under the car seat or keeping it on your ankle while walking down the street is considered a crime because in this context we are facing a situation of using a prohibited weapon since its intended purpose is defense or attack.
WEAPONS OF CLASS F:
Be over 18 years of age;
Be in full use of all civil rights;
Demonstrate lack of license to practice martial arts sports, being federated athletes, recreational practices on private property, possession of replicas and unused firearms intended for ornamentation and bladed weapons intended for the same purpose;
Be suitable;
Hold a medical certificate;
Minors under 18 years old and over 14 years old, being federated athletes, may be allowed to acquire, hold, use and carry batons, sabers and other bladed weapons traditionally intended for martial arts or ornamentation, when intended for practice martial arts;
The request must be made through the person with parental responsibility;
The alarm guns are for sale conditioned by law 5/2006
Alarm guns only make a sound when a fireball explodes. they do not fire any projectiles. ( they produce the sound of a firearm shot. use and carrying are conditioned by law 5/2006 )
For the purchase of carbines/shotguns, pistols or air pressure revolvers or other gas. with lead caliber up to 5.5mm, no documents required. purchase, sale and postage are free as long as their barrels are not less than 30 cm.
To find out how you can obtain a license for the use and possession of firearms and alarm and to have all the information about the current law and how to obtain specific licenses, visit the P.S.P.
FINAL DISPOSITIONS
The authors of Loja Rei das Espadas are not responsible for the precise updating of this document or for misinterpretations. The content here is the result of an interpretation that may be subject to various interpretations.
Its reading does not exempt the consultation of a legislator or lawyer in cases of sensitive doubts. This text may be changed without prior notice.
