Is a pocket knife considered a weapon in France?

Opinions differ regarding knives, especially pocket knives. According to some, knives can be carried in a pocket or bag as long as the blade does not exceed the width of the palm. Is this true or just a myth? To be brief, this is false information.

How can we imagine that the measurement of a variable - such as the size of the palm - between one person and another could have legal value? However, if there is a dispute, the criterion of the weapon's dangerousness must be considered, namely: the judgment regarding a large blade is more severe than that of a small blade.

All this information often leads to confusion. What needs to be done is to refer to the legislation in force. In this case, is a pocket knife considered a weapon in France?

The difference between possession and carrying of a knife

When talking about weapons, it is important to distinguish the difference between possession, carrying, and transport. The possession or ownership of pocket knives is allowed in France, while carrying and transport are regulated. Note that carrying a knife means you have the weapon on you, ready for immediate use. Transport refers to a weapon that is not on your person, but in a secure and locked bag (not ready for immediate use).

French or European regulations or legislation concerning pocket knives

In France, despite the very strict classification provided by policies, legislation on carrying weapons, particularly pocket blades or knives, remains unclear. To shed more light, clarification was provided by the French Cutlery Federation. Currently, to grasp the notion of carrying traditional pocket knives (Thiers, Laguiole...) in classic sizes, it is necessary to differentiate 3 levels of understanding.

The first level: the Law

Until September 6, 2013, when the law was modified, knives were categorized as weapons. The new legal provisions from the law of March 6, 2012 were applied and strengthened criminal sanctions against perpetrators of weapons offenses. A new classification was also introduced. Knives are now among category D weapons.

The law in force in France - which governs the possession, carrying, and transport of weapons - is clear and states that the purchase and possession of knives are free. While carrying and transporting these weapons without legitimate reason are normally prohibited.

The second level: court judgments

French courts have developed case law clarifying the Law. They consider that carrying specific knives such as the Laguiole, the Opinel or the knives Swiss army knives of standard size should not be judged as carrying a bladed weapon.

The court has considered this type of knife as a tool a priori, part of French heritage. In this case, these types of knives are allowed. However, depending on its intended use, a reclassification as a weapon may occur according to Article 132-75 of the new Penal Code.

The third level: the facts

Following the international events that took place on September 11, 2001, the way law enforcement perceives knives, even classic ones, has changed. Places, environments, and people are subject to more or less lenient interpretation.

For example:

For security reasons, it is forbidden to bring "blunt objects" into airports. Currently, with the Vigipirate program, law enforcement has more power over the right to control. Consequently, they may be called upon to apprehend individuals in public places such as subway stations, train stations, etc. In other words, law enforcement has discretionary power to allow or disallow the carrying of traditional knives or not based on the behavior of the person being checked.