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Post by Komaru on Feb 19, 2013 9:53:41 GMT
Heyo, got a question for the wonderful folks here! I've recently moved to Japan for college, and we've got a HEMA club going, and so far everyone is enjoying it. I brought my personal waster along with me from the US, and for now we're building makeshift ones out of shinai and extra hardware while I work on finding the best way to procure practice swords over here. That said, I would very much like to get one, or at the most two, Tinker or similar mid-range trainers over here just so the students can feel what a real European sword is like. That said, I've heard a variety of things from friends regarding sword laws in Japan, including things like "You must have a license to own a shinai/bokken." which doesn't seem the be the case at all, so I'm a bit lost. There's a wonderful article on Sword Forum ( www.swordforum.com/forums/showthread.php?16799-FAQ-Japanese-sword-laws&s=) that explains a few things, but makes it seem like there are NO non-Japanese swords in Japan. That strikes me as a bit odd, because I've seen some SLOs in several shops around Akihabara. I'm wondering if anyone has any information that might help.
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Post by OttoVonFaart on Feb 19, 2013 13:00:15 GMT
According to a Nihonto web site I use, the following refers to applicable law under the very strict Japanese Firearms and Sword Law. Though there is no mention of Euro-swords and most of the emphasis of this law regards private ownership of firearms you should be aware that in general the ownership of ANY sword or firearm is prohibited unless certain conditions are met. Failure to meet these somewhat harsh requirements can result in 3 years imprisonment & fines of ¥300,000. I'm, pretty sure the law makes no distinction between sword types ~ there have been instances of American tourists being arrested & detained for possession of an over lengthy pocket knife under provisions of this law. "The revised law bans daggers and double-edged knives whose blades exceed 5.5 centimeters or 2.16 inches, spears and swords with blades exceeding 15 centimeters (5.9 inches) are also banned. It would be best for you to ask your school administration before you go down to the local cop shop and ask if your swords are OK. Apparently Japanese cops are not shy about beating a "confession" out of you.
My best friend ended up doing several years in a Japanese prison while he was in the Marines ~ stationed in Okinawa. He got in a bar fight, one Japanese national was slightly injured. Fight started, cops were called, arrested everyone ~ the slightly injured Japanese guy was also thrown in prison. Strangely, my friend still loves rice cooked Japanese prison style, guess he got used to it. As for Japanese prisons, you don't wanna know. Very strict, prisoners are not permitted to talk to one another. Beatings, even torture, are common.
In order to legally own a sword in Japan it has to be registered in accordance with the Ju-to-ho 銃刀法 (Japanese Firearms and Sword Law). This applies to both antique and newly made swords (Shinsakuto 新作刀). Exempted are blades under 15 cm (5.9 inches) and Iaito / Mogito (training and decorative swords made from a zinc-aluminum alloy that can't be sharpened). Presently about 2.3 million swords are registered in Japan.
The certificate / license issued - Juho-token-rui-torokusho 銃砲刀剣類登録証 (in short "Torokusho" 登録証) - has to stay with the sword at all times. Most collectors attach it to the Shirasaya-bukoro or Koshirae-bukoro (storage bags). It's the blade that is registered, not the owner; however, the Prefectural Education Board (Kyoiku-inkai 教育委員会) has to be notified within 20 days if there is a change of ownership, using the Shoyusha-henko-todokesho 所有者変更届書 form.
Licensing is done by the Education Board at a Toroku-shinsa-kaijo 登録審査会場 (sword evaluation meeting), which usually takes place once a month. The judges conducting the Shinsa are sword experts contracted by the Education Board, usually senior members of the local NBTHK branch (Nippon Bijutsu Token Hozon Kyokai 日本美術刀剣保存協会 = Society for the preservation of the Japanese Art Sword
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Post by Komaru on Feb 19, 2013 14:05:27 GMT
Thanks, Otto!
The issuse is this line here: Only traditionally made Nihonto can be licensed, i.e. swords made in Japan from Tamahagane 玉鋼 (and Shinto swords that are inscribed "Motte Namban-Tesu 以南蠻鐵" ["made using steel from the southern barbarians"]). This means in effect that it has to be either an antique, or made by a contemporary, licensed smith. Mass produced WWII swords (so called Showato昭和刀) and foreign made swords are not eligible for Torokusho.
This makes it seem like Euro swords can't be licensed, and therefore, can't be owned. I'm also curious, since there is the distinction made for iaito, whether a training sword like the Tinkers would be subject to the weapons laws in the first place.
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Post by OttoVonFaart on Feb 19, 2013 16:06:44 GMT
If it's sharp, it's subject to the Japanese Firearms and Sword Law in one form or another. That law is written very broadly and covers EVERYTHING with a blade >5.5cm. So if you read somewhere that you can have a pocket knife with a 6cm blade, you're on shaky ground. I read the entire English text of the applicable law. It even restricts importation of "imitation" swords. Buried in the Japanese English language Customs Declaration form are the restrictions for knives, swords etc not covered in the bold type. As it turns out, Japanese Customs at major airports only do random baggage screenings (xray & inspection) of incoming baggage, so it's possible you could pack a Euro Sword in your baggage and get away with it, until some upstanding Japanese citizen sees it & turns your ass in to the local cops. If you failed to obtain the necessary import permit BEFORE you bring your sword into Japan, you've broken the law. They clearly state, "Bringing certain items into Japan may be prohibited or restricted. It is your responsibility to confirm whether the items you plan on bringing with you to Japan are allowed or not."
This is taken from the website of the Consulate-General of Japan in Seattle: PROHIBITED ARTICLES 1. Heroin, cocaine, MDMA, opium, cannabis, stimulants including some prescription and over-the-counter medications available in the U.S., psychotropic substances, and other narcotic drugs (excluding those designated by Ministry of Health, Labour and Welfare Ordinance); 2. Firearms (pistols, etc.), ammunition (bullets) thereof, and pistol parts; 3. Explosives (dynamite, gunpowder, etc.); 4. Precursor materials for chemical weapons; Germs which are likely to be used for bio-terrorism; 5. Counterfeit, altered, or imitation coins, paper money, bank notes, or securities, and forged credit cards; 6. Books, drawings, carvings, and any other article which may harm public safety or morals (obscene or immoral materials, e.g., pornography); 7. Child pornography; and Articles which infringe upon intellectual property rights.
RESTRICTED ARTICLES The import of some items is restricted and requires permits and/or approval under laws and regulations other than the Customs Law. In some cases, items must be examined by a government agency at the appropriate time upon entry into Japan. Major examples of restricted items include: 1. Plants, plant products including many foods, animals, meat, eggs and other animal products must be presented to the plant or animal quarantine officer for inspection prior to customs examination. 2. Imported medications and cosmetics are restricted by quantity. Additionally, some medications require special permits for import. Please refer to the section below for details about bringing medications to Japan. 3. Hunting guns, air guns, swords, and other weapons are prohibited in Japan without a permit to possess.
For importing those goods subject to the Law, it is necessary to submit the: 1. “Permit for the possession of firearms and swords” issued by the Prefectural Public Safety Commission, when the goods are general firearms, parts of pistols, hunter’s rifles or guns for competitive sports. 2. “Permit for the possession of swords” issued by the Prefectural Public Safety Commission, when the goods are general swords, etc. 3. “Certificate of registration of firearms and swords” or “Certificate of qualified firearms and swords for registration” issued by the Prefectural Public Safety Commission, when the goods are traditional firearms such as matchlocks or swords, etc. having artistic value. In addition, importation of firearms or swords shall be permitted only when importers obtain the import approval from the Minister of Economy, Trade and Industry in accordance with the Import Trade Control Ordinance.
(Article 70 of the Customs Law, item 1, section 3, paragraph 70 of the General Notification of the Customs Law, paragraphs 4, 5 and 6 of Article 3, Article 4, Article 14 of the Firearms and Swords Possession Control Law, and Articles 4 of the Import Trade Control Ordinance) [Inquiries] The nearest prefectural public safety commission The nearest prefectural board of education Fine Art Division, Cultural Properties Department, Agency for Cultural Affairs (Tel: +81-3-5253-4111) Trade Control Policy Division, Trade Control Department, Trade and Economic Cooperation Bureau, Ministry of Economy, Trade and Industry (Tel: +81-3-3501-1500)
Because Japanese police have almost unlimited powers of enforcement regarding this. They are NOT required to have a search warrant, probable cause is whatever they say it is at the time, depending on the mood of the cop. You can be held in strict detention for months without recourse to legal representation or diplomatic representation ~ U.S. Consul might or might not be notified of your detention. Rules while under detention are completely arbitrary, ie. the rules are whatever some prison screw says they are at the moment. Prisoners are routinely beaten if they look up at the guy who brings the rice bowl. Fail to bow, you get a beating and a set of leather restraints for between 10 hours and whenever the freekin' feel like removing them. Prison screws can arbitrarily cut your rations in half for minor infractions. Oh, did I mention they can beat the crap out of you whenever the hell they feel like beating you? To be generous, the cops in Japan are absolutely medieval.
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