ITALIAN LEGISLATIVE FRAMEWORK
Knives for sale in this store are for exclusively collectors use, work, sport, leisure, we assume no responsibility for any kind of misuse. They may be held outside the home for just cause; They must be kept in places inaccessible to children or minors. The seller accepts no responsibility for damage to persons or property caused by improper and/or inept use of knives purchased at this store.
The knife is considered a tool to offend ( improper arms ) and not a weapon, according to art. 45, paragraph 2 of the Implementing Rules of the TULPS, R.D. June 18, 1931, 773, " are not considered weapons, for the same article effects, puncture and cutting tools, which, although they can occasionally serve to the offense, have a specific and different destination, as the instruments to be work, and those intended for domestic, agricultural, scientific, sports, industrial and the like". Detention in the house is free and is subject to a justified reason.
The just cause
Crux of the new rules outlined by art. 4 of Law 110 of 18 April 1975 is therefore a justified reason that an individual must be able to cite in order to legally carry a knife, of any size it is, as an appropriate measure to offend. Actually the size is not an excluded parameter, indeed. The new regulation provides that "without a justified reason, they cannot be moved out of their home or belongings of it [...] from the tip or cutting tools acts to offend."Such justified reason will necessarily be evaluated according to the tool characteristics and personality of the owner. Here, then, that the assessment in the head in the first operator to police, is to evaluate the real existence of a real reason to harbor that knife, and in doing so cannot be separated from considering the characteristics of the knife and the personality of its owner . An example, a truck driver who is preparing his lunch , no one will be challenging the presence of cutlery in the passenger compartment, and a normal kitchen knife has a blade 12-14 cm, with a sharp, a sharp point, why then confiscate a folding blade knife of a few cm. when the truck driver states that he uses it to prepare the sandwiches? Obviously, if the police officer finds him wearing the knife during a walk in the city , he would lose the reason. By the same example you can consider the camper, the hunter, with reference to the subject, and scissors, axes, pruning hooks, baseball bats, with reference to objects.
The legend of the blade by four fingers ...
In reality this is not the legend as art. 80 of R.D. 5/6/1940 635 , Regulation for the execution of T.U.L.P.S. , which provided for the presumption of a justified reason for knives with blades below 4 cm . It was enacted in 1975 which cancelled the art.80 the L.110 and the Court of Cassation in its judgment Sec . I , sent. n . 8821 of 10/08/1982 for extensity the provision mentioned above did not count any more, therefore, at present, the justified reason must be given for knives of any length.
"[...] It must be understood as just cause for carrying that is determined by specific requirements corresponding to the rules of conduct related to the lawful nature of the object, the verification mode of the fact, to the subjective conditions of the bearer, to the places of occurrence, the normal of the object’s function (Court of Cassation, Sec. I, January 18, 1996, n. 580)
Art. 4. Law 110 of 18 April 1975 carrying of weapons or objects acts to offend
Subject to the authorization provided for in the third paragraph of Art. 42 of the consolidated public safety laws 18 June 1931, n. 773, as amended, cannot be taken out of their home , weapons, club or shod sticks, truncheons. Without good reason, they cannot be carried out your home , sticks provided with blunt tip, tip or cutting instruments apt to offend, bats, pipes, chains, slingshots, bolts, metal balls, as well as' any another tool not considered expressly as a pointed or edged weapon, clearly used to the circumstances of time and place, for the offense against the person. The offender is punished with imprisonment from one month to one year and a fine of fifty thousand lire to two hundred thousand lire. In minor cases, related to the carrying of object for offence , may be imposed only the fine penalty. And it is forbidden to carry weapons in public meetings also to holders of license. The offender is punished with imprisonment from four to eighteen months and with fine from one hundred thousand lire to four hundred thousand lire. The offender is punished with the arrest from one to three years and a fine of two hundred thousand lire to four hundred thousand lire when the act is committed by a person not in possession of licenses. Anyone, except the cases provided in the preceding paragraph, the carries at a public meeting one object among those listed in the first or second paragraph, are punished with imprisonment from two to eighteen months and a fine of one hundred thousand lire to four hundred thousand lire. Punishments are doubled in cases in which weapons or other objects referred to in the preceding paragraphs are used in order to commit crimes. However, this increase does not apply when using the same specification constitutes an aggravating circumstance for the crime committed. Officers and judicial police officers must arrest anyone caught in the act of infringement of the provisions of the preceding fourth and fifth paragraphs. The sentence must be the confiscation of weapons and other objects acts to offend. Article shall be repealed. 19 and the first and second paragraph of art. 42 of the consolidated public safety laws 18 June 1931, n. 773, as amended. Are not considered weapons for criminal provisions of this article auctions of flags, signs and banners used in public demonstrations and marches, or other symbolic objects used in the same circumstances, except that they are not used as blunt instruments.
Notes to art . 4:
Article. 42 of the consolidated public safety laws, approved by R.D. n . 773/1931, as amended by this Act, and 'so' follows:
" Art. 42. - The Commissioner has the power to give permission for carrying guns and the prefect may grant, in cases of proven need, the license to carry revolvers or pistols of any measure or animated sticks whose blade has a length not less than 65 centimeters".
Article. 19 of the consolidated public safety laws was a prohibition to bring weapons in public meetings also to holders of license. It repealed the first and second paragraph of art. 42 of the Consolidated Legislation concerned the prohibition of carrying, outside your home or belongings of it, weapons, mace or shod sticks, truncheons and, without good reason, sticks provided with blunt tip, tip tools and cutting acts to offend.