Samurai swords have been banned in England and Wales within the context of selling, making, hiring or importing. Violators face six months in jail and £5,000 fine. Those who are exempted from this legislation are swords used for re-enactments or antique weapons kept on display by sword collectors.

The sword legislation in US may not be as restrictive as England and Wales. Let’s find out to know the most common questions that face a sword collector based in US.

Question: Is legally acceptable to sell sword in New York State? Is there an age limit?

A: Here is a good basis to answer your question. The NY Penal Code 265.01 states:

S 265.01 Criminal possession of a weapon in the fourth degree.

A person is guilty of criminal possession of a weapon in the fourth degree when:

(1) He possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or “Kung Fu star”;

Take note that cane swords are mentioned in the penal code but there’s no mention of samurai swords or other authentic swords. Therefore it is acceptable to sell other swords. No age limit is mentioned either given you understand that swords are potentially harmful thus it is better to leave the handling of words to adults.

Law does differ from state to stat so it would be wiser to talk to a NY lawyer about it.

Question: Can I legally carry a sword for self defense?

A: The thought of carrying a sword for self defense may obviously scare other people. It is then pretty obvious that carrying of blade is illegal in every state.

The penalty varies by state. New York Law is quoted below.

New York Law:

D. The provisions of subdivisions b and c of this sections shall not apply to (1) persons in the military service on the state of New York when duly authorized to carry or display knives pursuant to regulations issued by the chief of stall to the governor; (2) police officers and peace officers as defined in the criminal procedure law; (3) participants in special events when authorized by the police commissioner (4) persons on the military or other service of the United States, in pursuit of official duty authorized by federal law; or (5) any person displaying or in possession of a knife otherwise in violation of this section when such a knife (a) is being used for or transported immediately to or from a place where it is used for hunting, fishing, camping.

Carrying of a blade is illegal in every state., hiking, picnicking or any employment, trade or occupation customarily requiring the use of such knife; or (b) is displayed or carried by a member of a theatrical group, drill team, military or para military unit or veterans organization, to from or during a meeting, parade or other performance or practice for such event, which customarily requires the carrying of such knife or (c) is being transported directly to or from a place of purchase in such a manner as not to allow easy access to such knife while it is transported; or (d) is displayed or carried by a duly enrolled member of the Boy or Girl scouts of America or similar organization or society and such display or possession is necessary to participate in the activities of such organization or society.

Question: Do other states allow swords to be used a weapon for self defense?

A: It is illegal to carry any one of a number of weapons in public, including a sword, according to Texas Penal Code sections 46.01 and 46.02. That ban appears to be outright.

You can be charged for using a sword in public when you pull out your sword in California based on Penal Code section 417 (a), when you draw a non firearm fatal weapon in an angry, rude and threatening manner.

Bottom line for all you folks who are planning to come out in public with your magnificent sword, check the local sword legislation of the state you’re in. Your sword collection is best left inside your home away from the public, not unless you’re into sword dancing or auditioning for a Musketeer which is entirely different stories.

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