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The independent, God fearing, freedom loving, arms bearing, and tactical gear using community is constantly under attack in Canada. The government is constantly enacting new laws around so called “weapons” and “tactical gear” that are slowly eroding away our freedom. Due to this over reach it can be hard sometimes to keep track of what gear is legal in Canada and what gear is not legal in Canada.
Keep in mind I am a combat arms soldier and not a lawyer. I do know in all law, context, understanding by the courts and the judges, and case law play a huge factor in how law is applied.
However, regardless of formal training, I believe we can come to a sound and reasonable knowledge and understanding on these matters. For anything serious consult an actual lawyer.
So…..
ARE TACTICAL PENS LEGAL IN CANADA?
YES! Tactical pens are legal in Canada
BUT WAIT….DONT STOP READING THERE…
All though tactical pens are legal in Canada, therefore if by chance you were walking down the street and a cop happened to stop you, he would not be able to arrest you for simply having your tactical pan in your pocket.
However, there are still a couple of other reasons why you could be arrested for having a tactical pen on you.
Information is power, so lets do a quick dive into the possible ways you could still end up in cuffs for owning and carrying a tactical pen.
WHY YOU COULD BE ARRESTED FOR CARRYING A TACTICAL PEN?
Although tactical pens are legal in Canada and do not fall under any of the regulations prescribed in Canadian criminal code “SOR /98-462. CRIMINAL CODE. Registration 1998-09-16“(the section detailing what weapons are prohibited and restricted, like the Morningstar below).
There are still two reasons why an individual may be arrested and charged for carrying a tactical pen on them in Canada.
Those two reasons are:
Since both of these codes function off the basis of the term “weapon“. I think they will both make more sense if we look at how Canadian law defines the word “weapon”, before we examine these other codes.
HOW IS “WEAPON” DEFINED IN CANADA?
The definition of the term “weapon” is found in the area of Canadas criminal code titled “Criminal Code R.S.C., 1985, c. C-46” under the heading “Interpretations“, which will be one of the first headings you see.
The definition given for weapon in this is section of the Criminal Code is:
weapon means any thing used, designed to be used or intended for use
- (a) in causing death or injury to any person, or
- (b) for the purpose of threatening or intimidating any person
Even though the definition is fairly short, it was done this way for a reason. It was left short because it was also left very broad and open ended. With the addition of the first and third parts of this definition, where it says “anything used” and “intended for use“, this section of the Canadian criminal code can literally encompass any item on Gods green earth, making it a weapon. Everything from a spoon, to an oven mitt, to a Falkor Petra semi auto long rifle chambered in 300 WIN MAG(which is awesome).
Let’s look at them individually.
WHAT DO THESE TWO CODES SAY EXACTLY?
Criminal Code R.S.C., 1985, c. C-46, s 88(1)
Section 88(1) of chapter 46 of the criminal code, is the main law that police may arrest you under while carrying a tactical pen and the main law under which the prosecution would attempt to prosecute you in court for.
It is the last part of this section where it reads every person commits and offence who carries or possesses a weapon “for a purpose dangerous to the public peace or for the purpose of committing an offence” that the police will charge you on.
Unlike the USA that has very strong stand your ground laws and castle doctrine, Canada does not. Even though there is a section on self defence in Canadian criminal code, it is not very strong from what I have seen and those who try to stand on it in court have a weak foundation and an up hill battle to prove proper use of self defence.
Ian Runkle, a criminal defence and firearms lawyer from Alberta Canada, talks about this very subject in many of his YouTube videos on his channel “Runkle Of The Bailey“. He often talks about how a tool can be construed as a weapon, and how to avoid getting into hot water.
Ian did a video a couple of year ago titled “Laws Relating To Carrying Knives In Canada“, where he talks about how a pocket knife, which is a tool, could be viewed as a weapon and then how you could be charged for simply having a a pocket knife on you.
In this video he talks about how the number one way people get in trouble with the police and the most common way the police and the courts determine for example, in the case of this article, that a tactical pen isn’t being carried around as a tool, but as a weapon is by people opening their mouths and saying something stupid.
In the example he gives, he uses a knife, but we can give the same example and just substitute in a tactical pen. The example goes like this: your walking around with your pen in your pocket, and the cops just happen to stop you, maybe not even that, maybe you see a cop and you strike up a conversation with him.
Either way your interacting with a cop and it comes up some how that you have this tactical pen on you and the cops asks:
“Why do you have that tactical pen on you?“
You respond something a long the lines of “It’s late at night and this isn’t a very good neighbourhood.”
With that simple response you have now admitted to the cop that you are carrying around this tactical pen not necessarily just for the purpose of using it as a tool, but that you are carrying it around potentially for the use of harming another person and for the purpose of self defence.
Canadian courts have almost always found this to be a purpose which is dangerous to the public peace.
Criminal Code R.S.C., 1985, c. C-46, s 90(1)
That brings us to section 90(1) of of chapter 46 of the criminal code, which has to do with concealed weapons.
This one is much easier to understand I believe. If you have an item on you that has previously been determined to be a weapon by design, such as brass knuckles or you have an item on you that in the right context could be considered a weapon and it can’t be at least to a small degree visibly seen from just looking you, it’s considered concealed.
If the cop you are talking to has now determined that you carrying around your tactical pen as a weapon, and that weapon is in your pocket not visible to people, that tactical pen which the cop now views as a weapon is also now a concealed weapon.
SHOULD YOU CARRY A TACTICAL PEN?
A tactical pen can be an extremely useful tool. Whether for writing or personal protection.
Some tactical pens have pressurized ink cartridges. Its these special cartridges that give tactical pens their rite-in-the-rain capabilities. So whether your dealing with water, sweat, or grease, your pen will write as good as ever. These pressurized cartridges are a unique trait utilized by only tactical pens and certain other outdoor companies.
Tactical pens are also extremely useful to help protect yourself and others. Someone’s stuck in a car, use the glass break to shatter the window and move them to safety. You’re stuck in a car, shatter the window and get to safety. Someone attacks you, well, find the nearest helpful tool, and defend yourself.
No matter what the reason, a tactical pen can be helpful. In the end if you never find yourself in a tactical or survival situation, you at least have a super cool pen
CONCLUSION
Yes, Tactical Pens are perfectly legal in Canada.
So, go ahead and buy yourself a tactical pen. Buy one for your dad, your brother, your best friend, give them out as party gifts, there’s nothing wrong them whats-so-ever in Canada
However, if you are not careful, you can get in trouble for carrying them.
In Canada’s charter of rights and freedoms, you have the right to remain silent and not get in trouble. On top of that, as I said before, information is power. So, don’t talk to the police if you don’t have to and if you choose to, keep what you say to an absolute minimum, keeping everything close to the chest.
REMINDER!!! I am not a lawyer nor have I ever been. However, having even this basic understanding can greatly help you!
Now…..CHECK OUT SOME SWEET TACTICAL PENS
- Gerber Gear – Impromptu Tactical Pen
- Atomic Bear – MTP-6 Tactical Pen
- Atomic Bear – SWAT Tactical Pen
- ANKAKA – 6 in 1 Tactical Pen
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