Lye’s law Katana Versus Kubotan

The seemingly inoffensive kubotan is a prohibited , yet the katana is not, despite having been used in a spate of recent criminal attacks. Why is this so? By William Lye

he common characteristic of So, why is it illegal to possess or use a commonly held by some sections of the such as crossbows, , slingshots, kubotan? The kubotan was made to strike community for a range of occupational, Tswords, batons, kubotans and knives is with either the shaft or keys attached to the ceremonial and collection purposes. It is also their inherently dangerous nature. The end of the shaft. It is also used as a said that they are not as readily concealed on Legislature’s rationale behind prohibiting a pressure-point weapon and a restraining the person and therefore need not be broad range of weapons is to ensure that tool because of its ability to assist in classified as prohibited. However, they can these weapons don’t become more prevalent locking techniques. Given its ease of be—and have been—concealed inside a car in the community. Another rationale that has concealment and potential to inflict serious or under a coat and used for illegal purposes. received less attention is the protection of the injury when the right techniques are used, There is no doubt that in the hands of the reputation of the martial arts industry, which the kubotan is considered dangerous and skilled warrior, the katana is a symbol of can be achieved by regulating the use of its availability is thus restricted. However, is one’s martial way, self-control, honour and these weapons by genuine martial arts the modified version of the concept, using loyalty. However, it is nevertheless a lethal instructors and practitioners. However, there parts of a Meccano toy set (pictured), weapon. Therefore, the rationale for is no consistent application of these deemed to be a de-facto kubotan and prohibiting the kubotan and not the katana rationales to some types of weapons. therefore a prohibited weapon? appears inconsistent. As my instructor often says in response It could be said that the kubotan is a well- Makeshift kubotan. to such a question, it depends. The designed short or stick, used as a meccano piece is not a kubotan—it is martial arts weapon. Others may say it was nothing more than a hard piece of plastic. designed for one purpose only: to take down When I attach it to a key ring, it is essentially an assailant or, in the wrong hands, to the same as a kubotan, but by the statutory intimidate a victim. The sword, on the other definition, it is not a kubotan. The law hand, has a long history as part of the effectively says that anything can be a Japanese, Chinese and Filipino way of life. It “dangerousProhibited: article” kama or “offensive weapon”, is a symbol of ritual, heritage and survival. depending on the intended purpose of the Most who genuinely train with their martial article. If you carry a Meccano kubotan look- arts weapons do not train with external alike, your improvised version will most likely objectives in mind, but rather as a means to not be considered a kubotan. However, if self-improvement through excellence and of you use it offensively, you will probably be conquering weaknesses within. The sad truth The Kubotan prosecuted for assault and use of an is, there are many others who seek to The kubotan, also called the short baton, offensive weapon or being in possession of empower themselves through violence and was developed by Soke Takayuki Kubota, a a dangerous article. take the easy way out by illegally acquiring 10th Degree in karate and one of the highest- weapons to inflict harm. ranked Black-belts in the US. For over 35 The Katana It is the writer’s view that traditional years he has taught techniques to police, The Japanese sword is the symbol of the martial arts weapons ought to be properly from simple hand-cuffing to the baton and samurai, which literally means “the one who classified and not deemed as prohibited kubotan techniques. In the US, the kubotan serves”. Every samurai carries on the left weapons per se, but controlled through a has revolutionised the concept of unarmed side of his belt two swords of different simplified process of exemptions or self-defence for not only law-enforcement lengths. The longer sword is called the approvals. However, for the time being we officers, but also karate enthusiasts and katana. The shorter one is a wakizachi. There are stuck with the laws of this land. everyday citizens. is also the or tanto, which is the Therefore, if you carry weapons, expect to But don’t be too quick to get one. In NT, shortest sword. The katana is generally more get arrested and end up in Court! WA, ACT and VIC the kubotan is classified than 60 cm in length and the wakizachi William Lye holds a Masters Degree in as a prohibited weapon. In the UK, it is ranges from 30 to 60 cm. Historically, only a Law and a BSc in Computers. He has been considered an offensive weapon, despite samurai was allowed to carry swords. Today, a practising Barrister at Law for 15 years and being universally regarded as more of a self- they have become collectors’ items and is admitted to practise in all States and defence tool that doubles as a key ring. adorn the walls or dressers of many homes. Territories of Australia. William practises However, the defence that it is only a key ring So, why aren’t swords prohibited weapons martial arts and knife combat. He can be will most likely not hold up in Court. in Australia? Perhaps it is because they are contacted at [email protected].

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