Edged weapons sub-committee - statement to members

 

Ladies and Gentlemen, I have been asked by NARES to Chair a sub committee tasked with representing the interests of Re-enactment and Re-enactors in the face of current and possible future Government regulations on the use of so called “Edged Weapons”. A position I have been happy to accept and even more delighted to have the presence of some very experienced and knowledgeable re-enactors on the committee with me. Some of whom have already been working very hard in the background talking to people and trying to influence opinions on these matters.

Your committee members are

  • Ed Parker – Napoleonic Association

  • Chris Poore – 17th century Life and Times

  • Paul (Fox) Turner –  EMA

  • Rick Peacock – Napoleonic Association

The following is our initial evaluation of the government order placed on the statute books in April of this year, our interpretation of Government thinking, our advice to re-enactors on the acquisition and use of blades in the short term and an indication of our future remit. 

 Introduction

On 6th April 2008 an order was passed by HM Government, placing on the statute books an Amendment Order to the 1988 Criminal Justice Act (offensive Weapons). The order was produced after a public consultation on the ownership of Samurai swords in the UK.

It affects the application of Criminal law in England, Wales and Northern Ireland. No such statute (As yet) has been passed by the Scottish Parliament.

Content

The essence of the Order is that added to the list of banned offensive weapons are “A sword with a curved blade of 50 centimetres or over in length” Although the consultation related to specifically to Samurai swords, the Order was applied to all swords with (so called) similar physical characteristics.

The Legislation does not define what is meant by a sword, or what constitutes a curved blade, this includes a large number of Re-enactment style weapons, even those with blunt edges.

The Order does not make it illegal to OWN or BUY this type of weapon. It is illegal to MAKE, SELL, IMPORT or LOAN this type of weapon except when it is being “Made available” for a “permitted activity” which includes Historical Re-Enactment. This  is defined as “any presentation or other event held for the purpose of re-enacting an event from the past or of illustrating conduct from a particular time or period in the past.”

You may find that proof of membership of a bona fide Re-enactment group could be a very useful tool to have when purchasing any edged weapon.

It also states that the user must be covered by public liability insurance in connection with any such activity. However, the order states that PL insurance shall “Include participants in and spectators of, a permitted activity and members of the public”. In other words they are implying that re-enactor to re-enactor insurance is required.

We DO NOT recommend that you all rush out and try to obtain such insurance, it is hard to come by and may well be an unwarranted expense as legal opinion indicates that if such a claim were to challenged in court that “volenti non fit injuries” could apply. In other words, a claim is unlikely to be successful because the claimant knew the risk of what he/she was doing.  

We are seeking clarification from the home office on this point.

Where do we go from here – short term?

The first thing to do is not to panic. This is new legislation that is as yet untried before the courts. And being a re-enactor is defined as reasonable line of defence. We have assurances from the minister (Vernon Coaker) that this legislation was not intended to effect re-enactors. This is an important marker for any future interpretation.

Some of you may already be experiencing  problems with purchasing such weapons as some parts of the trade feel that under the terms of the Order they cannot supply such items – But of course they can, as long as they are satisfied that the supply is for “a Re-enactor” and “Re-enacting”. 

Some simple and common sense housekeeping will also not do any harm:

  • Do not let any weapons be visible in a home by any casual observer (from outside or inside the House)

  • Make sure they are never visible during transit

  • Never leave them lying around unattended

  • Never wear or take them off site at an event, unless doing so as part of an official event or parade. 

  • If you are not covered by PL insurance at an event – go home

In the short term, your NARES sub committee will be trying to get advice and clarification regarding the current order – as we stated earlier advising on the definition of Pl insurance is one such issue.

In the longer term, The NARES edged weapons sub committee will be working to make Government and other parties likely to be involved in any future legislation aware of the interests of re-enactors and our unique place in society. Our remit will be to cover not just edged weapons but any other types not covered by existing firearms legislation – swords, spears and bows and arrows and a lot more besides. Because there is no legislation currently covering some of these items, probably means that someone sometime will think it a good idea to include them

Our job is to educate and pre-empt

Give us your support and wish us luck

Ed Parker

Chair of NARES edged weapons sub committee

Event officer – Napoleonic Association