Examples of Consultations regarding Cases of Violation of Firearms and Swords Control Act / Minor Offense Act
- When I was walking around Takada-no-baba Station in Shinjuku-ward, Tokyo, I got questioned by police. A knife with a 15-cm blade was found in my bag while body searching, and I got arrested and detained at the Tozuka Police Station of the Metropolitan Police Department. I want to avoid having criminal record…
- I got questioned by police while parking my car on a street near Kichijoji Station in Musashino-city. A utility knife was found in the dashboard of my car. I was taken to the Musashino Police Station of the Metropolitan Police Department and interrogated. I want to consult about the following procedure of this case…
1. Violation of Firearms and Swords Control Act
The Act for Controlling the Possession of Firearms or Swords and Other Such Weapons (hereinafter referred to as “Firearms and Swords Control Act”) is a law aimed to “set regulations necessary for safety precaution regarding possession and usage of firearms and swords”. (Article 1 of Firearms and Swords Control Act)
The Firearms and Swords Control Act prohibits possession, usage, and carry of firearms, deadly air guns, swords, daggers, or cutlery. The most of cases of arrested for violation of Firearms and Swords Control seems that the one was carrying with a cutlery.
2. Prohibition of Carrying with Cutlery with more than 6 cm Long Blade – Art. 22 of the Firearms and Swords Control Act
Article 22 of the Firearms and Swords Control Act provides that “no one shall carry with a cutlery with over 6 cm long blade, except for business or other due reasons.”
In case of violation of this provision, the Act sets imprisonment with work for a term no exceeding two years or a fine not exceeding 300,000 yen(Article 31(18)(3) of Firearms and Swords Control Act).
Blade body (Hatai, in Japanese) means the length of cutting edge of a cutlery other than swords. The Firearms and Swords Control Act separates the term of blade body regarding a cutlery from that (Hawatari, in Japanese) regarding swords (which include swords, spears, and Naginata (long- handled sword) with over 15 cm long blade).
Cutlery indicates a tool with single or double-edged which has a performance to shed someone’s blood in its usage and is made of materials of steel or others with the same level of physical performance (hardness and resistibility) as steel, and other than swords. For example, it includes kitchen knives, knives, and utility knives.
Carry means, in contrast to possession, to put cutlery about one’s ears to use it immediately and
to stay such situation for a little by holding it in one’s hand at or outside home, or, waring it.
Carry with a cutlery with “for a business or other due reason” does not violate the Firearms and Swords Control Act. For example, one brings a kitchen knife home which he/she bought at a store, or a chef goes to a work place putting his/her kitchen knife in his/her bag.
Even when he/she carries a large-seize utility knife in dash-board of his/her car, if there is no due reason to carry with it, one could violate the Firearms and Swords Control Act. It is better not to carry a cutlery without any reason.
3. Regulation of Cutlery with a Less Than 6 cm Long Blade – Article 1(2) of Minor OffenseAct
Carrying with a cutlery with a more than six centimeters long blade violates the Firearms and Swords Control Act. On the other hand, carrying with that with a less than six centimeters long blade could violate the Minor Offense Act.
Article 1(2) of the Minor Offense Act prohibits “carry with cutlery, iron bar, other instruments to be used to cause serious harm to one’s life or body”.
One who violated the provision would face a misdemeanor imprisonment without work (a imprisonment in a penal institution for more than one day less than 30 days) or a petty fine (a penalty to collect coercively money of not less than 1,000 yen but less than 10,000 yen).
The instruments to be used to cause serious harm to one’s life or body depends on each form, but could include tool knives and scissors. It is better not to carry with these kinds of instruments without any reason.
The Firearms and Swords Control Act prohibits carry with cutlery. On the other hand, the Minor
Offense Act prohibits “concealed carry with cutlery”.
Concealed carry means to conceal and put cutlery around one’s ears to avoid being noticed with keeping the circumstance that enables him/her to use it immediately such as by holding it in his/her hand or wearing it.
▼Summary of Case of Violation of Firearms and Swords Control Act & Minor Offense Act
| Act that may constitute a crime | Punishment |
| Violation of the Firearms and Swords Control Act (Article 22 of the Act) | Imprisonment with work for a term not exceeding two years or a fine not exceeding 300,000 yen. |
| Violation of the Minor Offense Act (Article 1(2) of the Act) | Misdemeanor imprisonment without work (a imprisonment in a penal institution for more than one day less than 30 days) or a petty fine (a penalty to collect coercively money of not less than 1,000 yen but less than 10,000 yen). |
~Defense Activities in Case of Violation of Firearms and Swords Control Act & Minor Offense Act~
1. Claim of Decision Not to Prosecute / Innocence
Consult with a lawyer as soon as possible when got arrested or interrogated by police in a case of violation of the Firearm and Swords Control Act / Minor Offense Act. After figuring out the form and type of cutlery that one was carrying with, and the circumstances and reasons that the one did so, the lawyer will give an appropriate advice. Where the police or prosecutor does not accept that there was a due reason to carry with the cutlery despite the existence of due reasons, the lawyer will do defense activities aimed at winning of a decision not to prosecute or innocence by explaining persuasively the due reasons.
2. Claim of Mitigating Circumstances
When he/she was prosecuted in a case of violation of the Firearms and Swords Control Act / Minor Offense Act, a lawyer aims at reduction of sentence by showing a judge the circumstances in favor of the accused. Specific factors to consider in determining sentence are motivation of committing a crime, crime method, damage amount, role of the accused in committing a crime, and success or not success of the out-of-court settlement with the victim. Lawyers who are good at dealing with cases of violation of the Firearms and Swords Control Act / Minor Offense Act evaluate and claim these circumstances in an appropriate manner after grasping the entire structure of a case.
3. Early Release
When got arrested or detained in cases of violation of the Firearms and Swords Control Act / Minor Offense Act, there is a possibility to extend the term of detention. Especially in case where one was carrying with a cutter for the purpose of committing other crimes such as burglar or theft, the investigative authority would continue to investigate other crimes. Lengthening detention causes one who was detained to be absent from work or school, which could affect his/her later return to society. For that reason, a lawyer aims at early release or release on bail by persuasively asserting that there is no risk that the suspect / accused may flee nor conceal / destroy evidence.
At AICHI Criminal Cases Law Firm, you can receive the best advices by lawyers who have rich experience in cases of violation of the Firearms and Swords Control Act / Minor Offense Act. Criminal lawyers personally provide for “free consultation”. We also provide with “the first interview service” which our lawyers go where the suspect is, the earliest on the day.
