The right to carry a ceremonial knife in Sjamanistisk Forbund
In shamanic practice, a wish or need may arise to make use of a ceremonial knife. In connection with this, we found it necessary to investigate and test whether this could be done without breaking any laws.
The Penal Code states:
"The Penal Code of 1902 – § 352 a. A person who intentionally or through gross negligence carries a knife or a similar sharp implement in a public place that is suitable for use in bodily harm shall be punished with fines or imprisonment for up to 6 months, or both. Aiding and abetting is punished in the same way. The prohibition does not apply to a knife or other implement that is used for, or carried in connection with, work, outdoor recreation or another worthy purpose."
By "public place" is meant areas used by the general public; this also includes remote areas where the community gathers. In case law, however, how remote the area is will play a role.
1
The Norwegian interest in outdoor recreation grants a legally accepted right to carry a knife for outdoor activities and similar pursuits.
A knife is not defined in detail under the legislation; there are no formal requirements regarding blade length or design, but the length of the blade and handle does not appear to be allowed to exceed 25 cm. For a knife to fall within the prohibition, it must be suitable for causing bodily harm; a toy knife or decorative knife may therefore fall outside the prohibition, and this also includes knives used with traditional festive costumes.
Sjamanistisk Forbund has had a law firm examine the legislation and case law, and its statements affirm that there is no case law on the seizure of knives at ceremonies.
Carrying a knife in connection with a "worthy purpose" and "other organised contexts in which the knife is a natural feature"
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Members may carry a knife provided this takes place within the activities of the association.
Sjamanistisk Forbund wishes to provide guidance regarding the ceremonial knife.
It is not in the association's interest to create a situation in which the carrying of a knife is put to the test. Members are urged to exercise restraint in carrying knives in public places, and in other places where carrying a knife could be seen as a threat or provocation to others. The knife must not be used to threaten or harm others.
The knife should be stored safely to and from the places where ceremonies are held, and put on before the ceremony and taken off again afterwards.
The use of the knife in ceremonies will vary according to what kind of ceremony is held; no pressure shall be exerted on anyone to harm themselves or others.
The design of the knife will not be subject to assessment by Sjamanistisk Forbund; this is regulated by the law.
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Members are asked to exercise discretion and common sense.
In addition, there are separate rules for knives on aircraft. 4
Sources:
Lovdata, Norwegian laws, http://lovdata.no/lov/1902-05-22-10/§352a
Ot.prp. no. 79 (1992-93) part IX, point 1.
2 Ot.prp. no. 79 (1992-93) part IX, point 1.
3
Regulations on firearms, firearm parts and ammunition etc. (FOR-2009-06-25-904) § 9.
4
Avinor's baggage rules.
