Lye’s Law with William Lye The Ninja

What are ninja, really, and why are their weapons prohibited?

he popular definition of ‘ninja’ is a weapons have become popular and continue weapons, it is imperative that a licence or practitioner of the highly specialised to be manufactured and permeate the permit is obtained. However, in my view it T Japanese art of killing without leaving markets despite their prohibited legal status. could be rather difficult to satisfy the licensing a trace. Ashida Kim in his work Secrets of Ninja weapon-fighting disciplines covered authorities as to why any martial artist would the Ninja explained that “[the word] ninjutsu in the category of prohibited and/or controlled need to train with such weapons. itself originated during a war between Prince weapons include: sword (ninja kenjutsu); There are no reported legal cases here Shotoku and Moriya over the land of Omi in stick and staff (bojutsu); throwing blades dealing with so-called ninja, but in the US there sixth-century Japan. During this conflict, a (shurikenjutsu); spear (sojutsu); naginata have been several since the late 1980s. Most warrior named Otomo-no-Saajin contributed (naginatajutsu); chain and sickle (kusarigama); of them were murder cases and the majority of to the victory of Prince Shotoku by secretly poisons; and explosives. those convicted simply liked to dress up like a gathering valuable intelligence about the The ninja were also adept at using ninja, only adding to the misconception that the enemy forces. For this service, he was daggers, dirks, darts, brass-knuckles, ninja is part of some killer cult. awarded the title of Shinobi, which means caltrops, grappling hooks, smoke bombs, In the US case of People v Jackson (1987), ‘stealer-in’. From this ideogram the character poisons and other explosives. two men were robbed and assaulted by a for ninjutsu is derived.” Although there are a multitude of ninja person dressed in dark clothes, including a Ninja is taken often to mean ‘shadow weapons and equipment available today, mask and hood. A police officer had noticed a warrior’. Traditionally, there were three some of these are specifically dealt with person several hours later dressed in a black functions of hiring a ninja: to assassinate, to in legislation. They are, for example, fukiya ninja costume, complete with mask, hood, spy and to sabotage. The ninja’s art was a (blow-guns), kusarifundo (weighted short shirt, long coat and pants. The police gave collection of espionage techniques including chain), kyoketsu-shoge (small hand-sickle), chase and eventually caught the person, and various methods of fighting (with sword, ninja-to (ninja sword), nekode (cat- claw found items linking him to the crime. stick, blades, spear and chain-and-sickle, device), nage teppo (hand grenade device), This case is instructive about dressing as well as unarmed combat), information- shuriken (multi-pointed throwing device), up in your martial arts gear when you go to gathering, stealth techniques, training in fire shuko (climbing claws), etc. training or to a costume party — be careful. and explosives and spiritual refinement. A prohibited weapon must not be The Court thought that when a man was Being a feudal Japanese discipline, a manufactured, sold, purchased, displayed, dressed like a ninja warrior in the dead of man was born a ninja and died one. There advertised, possessed, used or carried night in an area where a crime took place, he were few outsiders among the ninja clans. without a licence or permit. The restrictions immediately became a suspect. Today, the practice of ninja arts in the on controlled weapons are less stringent; A case involving another self-proclaimed West is obviously very different and not to a controlled weapon may be possessed, ninja was in the State v Evans (1987). Evans serve the same functions. However, due to carried or used provided the individual has was paranoid schizophrenic. Apart from fantasy fiction and martial arts movies, ninja a lawful excuse. Examples of controlled committing several burglaries, Evans applied weapons are knives and swords in most his ‘ninja art’ on his female neighbour, with States and Territories other than Victoria. fatal consequences, as he believed himself to Although most jurisdictions in Australia be a “ninja who had to kill”. have enacted laws and regulations The majority of ninjutsu practitioners are, prohibiting certain weapons completely and of course, law-abiding citizens who practise controlling the use of others deemed to be the art for reasons other than espionage less dangerous, there are no clear defined — most notably, self-defence and spiritual categories just relating to ninja weapons. growth. However, the Australian Courts are However, all ninja weapons are seen as illegal likely to be prejudiced about the dark image and are generally prohibited. of the art of the ninja, so it’s important that Generally, Australians must have a licence ninjutsu students know the law regarding their or permit to own or possess ninja-type weapons, and take care. weapons. Lawful excuse is not a defence when it comes to owning or possessing William Lye is a Master of Laws and a prohibited weapon. For instructors or has been a practicing Barrister at Law students participating in ninjutsu training for 18 years. He can be contacted at and/or legitimately collecting such prohibited [email protected]

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