Knife legality in Canada?

JaGWiRE

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Anybody know what it is? I'm in Toronto. I always was interested in getting one of those nice benchmades or something, if even for the worst, to have in the house to open boxes and cut stupid clamshells when I don't want to go finessing through kitchen knives.
I'm guessing the first law is if your going to carry it outside, you have to be 18/19+? It can't be automatic I'm guessing too?
Other then that, does anybody know the more or less general rules? Has anybody ever had problems when going through security checks or something in even like a library, where a knife is visible or something?
 

Tactical Sponge

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This site describes the knife laws in Canada. The info appears to be several years old but I do not think they're no longer relevant.

From my own experience, I have never had trouble carrying around my Leatherman Wave in its sheath on my belt, even in when I was high school. However, I frequently wear untucked shirts so it's not noticeable until I pull it out. Only one teacher knew I carried it but he trusted me enough to not do anything dangerous or criminal with it and he thought it was pretty cool so he never told me to never bring it to school again or anything like that.
 
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PhantomZ

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JaGWiRE said:
Anybody know what it is? I'm in Toronto. I always was interested in getting one of those nice benchmades or something, if even for the worst, to have in the house to open boxes and cut stupid clamshells when I don't want to go finessing through kitchen knives.
I'm guessing the first law is if your going to carry it outside, you have to be 18/19+? It can't be automatic I'm guessing too?
Other then that, does anybody know the more or less general rules? Has anybody ever had problems when going through security checks or something in even like a library, where a knife is visible or something?


first of all, how old are you??

any concealed weapons in Canada is illegal. something like a leatherman "can" pass because they are a tool. if you use the pliers and scissor for what they are meant to be then ppl around you probably wouldn't think much of it, but if you start flashing the blade around, cutting stuff unessassary and doing stupid things with it in public, of course thats bad. you can carry almost anything with you thats illegal or even own them in your house and not get caught. its only when some ppl who are DUMB enough to start blabbing that they have this or that and starts playing with it in public or home and then you'll start getting in trouble. as for security checks, its common sense. if you're planning on going to a night club or know you'll get checked somewhere, dont bring it! dont even try to hide it just to sneak it in. i have a leatherman micra on my keychain and i take it off when i go to night clubs (which its once in a blue moon) cause even though its tiny, it sill has a blade on it. they never checked my keys before and just padded me down, but my cousin got his mini 1 inch folder i gave him for his keychain taken away and was held till he left the club. having your knife visible in public (especially a folder of some sort) is a no no. cops see you with it and it'll be taken away from you and you might even be reported to the police. if you're working on something outside like a display or whatever and you carry a box cutter or scissors then that would be exceptional.
anyways... if you're going to carry a knife out in public, USE COMMON SENSE PLS. you may know what you'll be using it for , ie, cutting boxes, but the person seeing it doesnt. keep it in your bag, jacket, tool box or on your belt covered with a long shirt and only take it out when you need it and put it away right after. whatever you carry or do at home is your business as long as it doesnt bother your neighborhood. if you're carrying a knife in the house or public for safety/protection reasons then you might want to consider alternative solutions like taking self defence classes or RUN! you'll never know if the guy will pull a bigger knife on you or if you're not well practice using your knife he'll use it on you or he'll pull out a gun and shoot you. you might even end up trying to look big infront of your GF or someone and end up injuring that person. also, last but not least, i'm sure other ppl can add more, you're in canada, and if you do harm to that person even in self defence, he can sue you and win. i live in vancouver just to add. if you really want to carry a knife or some sort of weapon legally, then move to some parts of the states where you can shoot first and ask questions later and it'll be all legal.
anyhow.. i just got off a 9 hour graveyard shift so if i have any spelling mistakes or didnt make things to clear, i'm sorry.
 

JaGWiRE

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PhantomZ said:
first of all, how old are you??

any concealed weapons in Canada is illegal. something like a leatherman "can" pass because they are a tool. if you use the pliers and scissor for what they are meant to be then ppl around you probably wouldn't think much of it, but if you start flashing the blade around, cutting stuff unessassary and doing stupid things with it in public, of course thats bad. you can carry almost anything with you thats illegal or even own them in your house and not get caught. its only when some ppl who are DUMB enough to start blabbing that they have this or that and starts playing with it in public or home and then you'll start getting in trouble. as for security checks, its common sense. if you're planning on going to a night club or know you'll get checked somewhere, dont bring it! dont even try to hide it just to sneak it in. i have a leatherman micra on my keychain and i take it off when i go to night clubs (which its once in a blue moon) cause even though its tiny, it sill has a blade on it. they never checked my keys before and just padded me down, but my cousin got his mini 1 inch folder i gave him for his keychain taken away and was held till he left the club. having your knife visible in public (especially a folder of some sort) is a no no. cops see you with it and it'll be taken away from you and you might even be reported to the police. if you're working on something outside like a display or whatever and you carry a box cutter or scissors then that would be exceptional.
anyways... if you're going to carry a knife out in public, USE COMMON SENSE PLS. you may know what you'll be using it for , ie, cutting boxes, but the person seeing it doesnt. keep it in your bag, jacket, tool box or on your belt covered with a long shirt and only take it out when you need it and put it away right after. whatever you carry or do at home is your business as long as it doesnt bother your neighborhood. if you're carrying a knife in the house or public for safety/protection reasons then you might want to consider alternative solutions like taking self defence classes or RUN! you'll never know if the guy will pull a bigger knife on you or if you're not well practice using your knife he'll use it on you or he'll pull out a gun and shoot you. you might even end up trying to look big infront of your GF or someone and end up injuring that person. also, last but not least, i'm sure other ppl can add more, you're in canada, and if you do harm to that person even in self defence, he can sue you and win. i live in vancouver just to add. if you really want to carry a knife or some sort of weapon legally, then move to some parts of the states where you can shoot first and ask questions later and it'll be all legal.
anyhow.. i just got off a 9 hour graveyard shift so if i have any spelling mistakes or didnt make things to clear, i'm sorry.
Ah, great post! To clear up a few things, a knife is the last thing I would even consider using as self defense. Anybody can use a knife, but using one in combat properly does take some skill from what I have read, something I don't have. Taking out a knife is just asking the person to take it from me and use it against me. I considered pepper spray a few times for when I go shooting, but that is also illegal, and well, it can be used against me too.
If I took a knife out in public, it would be probably in my bag, or briefcase for camera gear if I get one in the future (it would have foam, and having a knife in there would probably come in handy), I don't think I'd carry anything more then a multi tool in my pocket.
Maxximum, that is pretty damn cool. I honestly think though they don't care if 16 year olds or whatever are carrying knives, as long as they aren't using them as a weapon or to threaten people, and aren't showing them off / bragging about them. It's sort of like the powerful green laser pointers. Nobody cares if you have one in your pocket, as long as you aren't pointing it at airplanes or bugging / putting other people in danger when you do go to use it.
 

PhotonBoy

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PhantomZ

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also with pepper spray, you might catch the wind and have it backfire on you. ya, pepper spray is illegal, but bear spray isn't~~ "hint?". sorry, i'm not trying to be a bad influence, lol~
 

Duluth Diesel

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The Canadian laws seem pretty restrictive. My wife carries pepper spray, and with all the stuff I carry I wouldn't be too welcome in Canada. LOL oh well.
 

WAVE_PARTICLE

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No knives that can be opened quickly (i.e. autos, balisongs, etc..).
That's pretty much about it.....but the bottom line is, it's all about perception. If it looks like a weapon or something intended to be a weapon, it will be treated as such by the authorities. As was mentioned before, USE COMMON SENSE and don't be STUPID. Other than that, happy carrying!


WP
 

WAVE_PARTICLE

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Well....I EDC a BM Mini-skirmish without any problems....

... it was ordered from the U.S. and flew through Canada Customs without a second thought....

I would classify the mini-skirmish to be borderline weaponlike (I mean, just look up the word "skirmish"). Good thing I got the "mini" version, which makes it a tool! :shrug:


WP
 

270winchester

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sounds awfully like the "if you have a good reason you *should* be okay with the law" reasoning last time we heard from the UK people.

Do you honestly think that most of the victims of crimes haven't thought about running? Do you honestly think that taking Karate classes is the solution for the average working man who works 40 hours a week and more?

As the world once again turn toward socialism the only people carrying knives will be criminals and law enforcement. Hope you enjoy the robbery and the wait for the mounties to show up!!!

PhantomZ said:
first of all, how old are you??

any concealed weapons in Canada is illegal. something like a leatherman "can" pass because they are a tool. if you use the pliers and scissor for what they are meant to be then ppl around you probably wouldn't think much of it, but if you start flashing the blade around, cutting stuff unessassary and doing stupid things with it in public, of course thats bad. you can carry almost anything with you thats illegal or even own them in your house and not get caught. its only when some ppl who are DUMB enough to start blabbing that they have this or that and starts playing with it in public or home and then you'll start getting in trouble. as for security checks, its common sense. if you're planning on going to a night club or know you'll get checked somewhere, dont bring it! dont even try to hide it just to sneak it in. i have a leatherman micra on my keychain and i take it off when i go to night clubs (which its once in a blue moon) cause even though its tiny, it sill has a blade on it. they never checked my keys before and just padded me down, but my cousin got his mini 1 inch folder i gave him for his keychain taken away and was held till he left the club. having your knife visible in public (especially a folder of some sort) is a no no. cops see you with it and it'll be taken away from you and you might even be reported to the police. if you're working on something outside like a display or whatever and you carry a box cutter or scissors then that would be exceptional.
anyways... if you're going to carry a knife out in public, USE COMMON SENSE PLS. you may know what you'll be using it for , ie, cutting boxes, but the person seeing it doesnt. keep it in your bag, jacket, tool box or on your belt covered with a long shirt and only take it out when you need it and put it away right after. whatever you carry or do at home is your business as long as it doesnt bother your neighborhood. if you're carrying a knife in the house or public for safety/protection reasons then you might want to consider alternative solutions like taking self defence classes or RUN! you'll never know if the guy will pull a bigger knife on you or if you're not well practice using your knife he'll use it on you or he'll pull out a gun and shoot you. you might even end up trying to look big infront of your GF or someone and end up injuring that person. also, last but not least, i'm sure other ppl can add more, you're in canada, and if you do harm to that person even in self defence, he can sue you and win. i live in vancouver just to add. if you really want to carry a knife or some sort of weapon legally, then move to some parts of the states where you can shoot first and ask questions later and it'll be all legal.
anyhow.. i just got off a 9 hour graveyard shift so if i have any spelling mistakes or didnt make things to clear, i'm sorry.
 

PhantomZ

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270winchester said:
sounds awfully like the "if you have a good reason you *should* be okay with the law" reasoning last time we heard from the UK people.

Do you honestly think that most of the victims of crimes haven't thought about running? Do you honestly think that taking Karate classes is the solution for the average working man who works 40 hours a week and more?

As the world once again turn toward socialism the only people carrying knives will be criminals and law enforcement. Hope you enjoy the robbery and the wait for the mounties to show up!!!


it all depends on the situation. i personally would go after the guy who is trying to break into my house or put up a good fight if i'm being robbed. couple things i could do, if the guy has a gun pointed at my head and i'm with my GF, i could either give him what he wants, he takes it and leaves, or give him a fight and try to be a hero and possibly get shot or my GF being injured. in my mind right now i would say put up a fight, but i wouldnt know what i would do if it acually happend to me. if you're a person who is prone to being robbed whether you are young/old, male/female, store owner or whatever then i'm pretty sure after time you'll take more drastic actions into your own hands. take in mind that all countries will have different laws and sometimes calling the cops/police or mounties (yes the RCMP are what started it all here in Canada) is too late or useless. if you take it into your own hand and say you stabbed the person or injured him, even as something stupid as him getting a scratch on the face the guy can sue you and win regardless if he stabbed, shot or whatever and killed the person who is with you or you yourself was injured more seriously then the robber. oh that happend in uk before and canada. i've heard enough of those news that it makes me sick, but even though it does state that you have the rights to bare arms (i believe thats only an american thing) it doesnt mean everyone should go and carry some weapons with them. sooner or later you wont even be able to trust your friends fearing they might stab you getting in a stupid argument while drinking in a bar like you do every friday night or something.
i'm not saying take karate leasons, it was a suggestion to take some leason to teach you what to do with PRACTICE in case you are in bad situation. the leasons will either show you how to defend, fight back or run but whatever they teach you, it is meant to try SAVING YOUR LIFE. if you dont have time to take leasons then find another solution. if to carry a weapon is all you can think of then good luck, hope you dont get killed, get someone innocent killed or injured the guy so bad when he heals he'll come back after you and kill you (so make sure he dies then). either way you'll face some consiquence good or bad for you. ei, you're dead, you get jail time, get fined and pay off the guy who robbed you or the guy is dead and you go free, you catch the guy and became a hero, or etc.................
anyways... this will/can be an endless debate on this subject. so, to end it for me and the subject of whether carrying a knife for whatever purpose is legal or not and is it a good idea to use it for a weapon or about the law and whatever whatever and so forth................... ahem... do whatever you think is right as long as you try using common sence if you're going to carry a knife for protection or even as a tool (acually, common sence is not common at all, but pls try anyways, it usually works), and about the self defence subject, do what you can but take care not to get yourself killed, injure an innocent person or love one maybe try thinking about the situation before trying to be a hero, cause i'm sure you and the robber doesnt want to be injured.

ps. i'm sorry if the subject got out of hand, maybe? but i've said what i've wanted to say, and i'm not going to continue with this thread.
 

cdf

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Canadian law is purposley left pretty vague . Their is no blade length restriction , but you'll have a hard time convincing a cop a 6" folder is a tool . Prohibs include push daggers , gravity knives , balis , autos , and any folder that can be inertially opened .

Concealment to some extent is influenced by intent , a fixed blade under a coat in a rural area would be OK , in a line up at a club in Toronto - probably a bust .

Places like Toronto , Montreal , and Ottawa are a bit more uptite than the north and far west . DO NOT say you are carrying for self defence .

There are general statutes covering offensive weapons - anything can be one , but requires some demonstration of Mens Rea .This can be applied to things like screw drivers , tire irons etc . A knife is a "neutral object " , can be a weapon , could be retained for a lawfull pourpose .

They would be pushed to make a pocket knife in a pocket into an criminal matter , absent you doing smething . You would be pretty screwed with a fixed blade boot knife in an ankle rig . A court would ask "to what good pourpose" .

A multitool , or SAK rasises no eyebrows . A 2.5-3.0 folder with a tight pivot , so it cant be flicked will be generally OK . Do not carry around schools , courthouses , and some public buildings . In the North , west and in the boonies you have a lot more latitude , unless you are doing something evil like poaching , or in a bar .If you act like a Doofus or a member of the Manson family , they can and will drill you pretty good !

Chris
 
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Pax et Lux

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As stated above, the main issue is knives categorized as "prohibited weapons" – ie springers and gravity knives.

It's an urban myth that any knife under three inches, or whatever, is legal. However, the thing to worry about is that the legal definition of a weapon is:
". . . 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."
(CCC 46)

Which means a boot knife or stiletto will land you in hot water, or any other knife if you threaten someone with it. Other than that, you will likely have to convince the cop or the court that you have a good purpose for your knife. Mention fishing, hunting, hiking, camping, etc and you'll likely be all right; cite self-defence and you'll be causing trouble for yourself. Note that the former are not typically Downtown activities, so carry a blade that doesn't look too aggressive (I EDC an Opinel No. 8 in Vancouver because it has a wood handle, the blade locks shut and it looks as inoffensive as a knife ever could; and, let's face it, I don't actually need a fixed blade in my office job).

Canadian law is vague – largely because it's based on case law, with little interference from vote-chasing politicians (of any persuasion). This is actually in your favour, if you find yourself up before a judge. A rigid definition of what's illegal, coupled with minimum sentencing requirements, generally means you are screwed.

So it's all about how it works in court, on the day. I've never studied law, but I've sat through hundreds of case over the years as a journalist, so I can only write about what I've seen. And while I've seen many cases in which possession of a knife (or a small amount of pot) has come up, this has always been the lesser item on the charge list – and invariably gets dropped – unless the knife was actually used to commit a crime.

Firstly, it's kinda hard for the prosecution to maintain that you intended to use your knife as a weapon if it was in your pocket at the time. Secondly, you've got to be doing something dumb to get yourself arrested in the first place.

The smaller stuff (knives, a joint or two) either gets plea-bargained away, or else overlooked at sentencing – dropped outright or else made concurrent.

Getting charged with use of a weapon is big trouble – having said that, I once sat through a guy on weapons charges for attacking someone with a pen (he was trying to gouge the other guy's eyes out with it). I covered an armed robbery case in which a knife was used to hold-up restaurants, but then you are on an armed robbery charge if you use an imitation firearm, or even manage to convince people that a banana in a paper bag is a pistol.

On the subject of what happens if you set off a metal detector. . . well, I think it's quite obvious that they ain't going to let you into the building with your knife, otherwise they wouldn't bother with all that fancy equipment. Having said that, I once got two chopsticks confiscated when my bag was searched entering Vancouver Provincial Court (and no, I had no idea I had them, let alone why I had them) but then the Sheriff's Officer was doing his best to stop me taking my bag into the building and doing everything in his power to make things hard for me.

Sorry if I've written too much here.
 

Pax et Lux

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A lot of people will tell you that everyone in Canada has to walk round like a victim waiting for the criminal. Well, they've got a political point to make.



The right to self-defence, along with "use of force to prevent commission of offence" are written into the law over here. The former states:
Self-defence in case of aggression

Every one who has without justification assaulted another but did not commence the assault with intent to cause death or grievous bodily harm, or has without justification provoked an assault on himself by another, may justify the use of force subsequent to the assault if
(a) he uses the force
(i) under reasonable apprehension of death or grievous bodily harm from the violence of the person whom he has assaulted or provoked, and
(ii) in the belief, on reasonable grounds, that it is necessary in order to preserve himself from death or grievous bodily harm;
(b) he did not, at any time before the necessity of preserving himself from death or grievous bodily harm arose, endeavour to cause death or grievous bodily harm; and
(c) he declined further conflict and quitted or retreated from it as far as it was feasible to do so before the necessity of preserving himself from death or grievous bodily harm arose.
(CCC 35)


I imagine it's pretty much the same in most parts of the US.

The problem is that every two-bit thug has his lawyer try the self-defence argument as a last-dtich effort to keep out of jail after they kill someone, making it the legal equivalent of the dog ate my homework. It rarely works, but then I've never seen a genuine case of self-defence.

I once covered a case in which two guys, one a black-belt, attempted to cite self-defence over a guy they beat to death while enforcing a crack house. . . not only did they run out of the building and instigate the assault, but they got false alibis and only ended in court because they implicated themselves in an undercover 'sting' operation. Needless to say, both are now behind bars.

Forgetting about legal issues, I'd never advocate defending yourself with a knife. It's quite obvious that you are going to get cut up pretty bad – the winner of a knife fight being the guy that can lose the most blood and still remain standing.
 

cyberspyder

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This sucks. No balis???? Fixed blades are way easier to deploy than balis (no blade that needs to be swung open). Balis are mostly just for looks. WHY would they ban it??? The law needs a SERIOUS revision. This is cute, do you think it's legal?

miscbalipm4.jpg


Brendan
 
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shoe

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Yes.. just how old are you? haha

I EDC a "Master" brand knife.. some cheap taiwanese knife but it does have good steel and I LOVE the feel/grip of the handle.

As others of have posted, you pretty much need to look at the criminal code of canada. I haven't had any problems with my knife and I've seen some people say that they have it under a shirt or in a pocket. That is a concealed weapon.

If properly displayed, you can legally carry one of those extendable batons even. You'll have a tough time explaining why you need it but it is legal. I also carry pepper spray (I'm a letter carrier and it's company issue) so I will tell you that it is more trouble than it's worth for um.. dogs... once you blast that stuff, the general area you're in gets contaminiated - even outdoors. You won't be blinded like the dog but you'll start coughing and will have to take a few steps back.

I haven't looked over the criminal code in awhile but as I recall there is a restriction on springs and such... since you stated that you're from T.O., I recommend that you breeze on up to Lebaron and check out the Kershaw knives with the "Speed Safe Technology". These are "assisted" folders that use some kind of "torsion bar" to skirt the law. I have one that I bought for collecting purposes. In practice, the Kershaw deploys maybe a second or two faster than I can manually open my Master.

I had a cop that I know check my Master once and he said it was okay. You have to watch how loose the bolt on the blade is. You should NOT be able to snap your wrist and flick the blade out. If a police officer or someone for WHATEVER reason asks YOU to open your blade USE 2 hands, don't flick it open. :D


**The important thing is not what you carry, it's how you use it. I could stab someone with ball point pen and it would be considered a weapon under the law.

I could spray a person with my company issue pepper spray and be charged with assault.

My opinion.. carry the knife.. I've been doing it for years without problems - well except for last year.. um "**" above (haha)

Hell, I live in Scarborough... I believe that it's better to be judged by twelve than carried by six.

Oh, and a knife can be used in different ways... If were to feel threatened, I'd palm it CLOSED and have the weight in my palm for a punch.
From this position, I'd have the option to crack a skull with the butt of the handle.
Thirdly, I could deploy the blade and have the intimidation factor.
Fourthly I could slash.
Last resort. Stab.

The above is all threoretical, of course. :D

Oh and the nightclub issue is a pain.. I've had my keychain swiss army taken once. the blade is smaller than my pinky.

One more thing - this is CPF... I EDC a Jetbeam MK II with the stobe function and I have a 6D Mág in my trunk.
Both are legal. :)
 

liam_995

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As to self-defense...one of my fellow dojo members was working as a security guard a couple of years ago (on the night shift) when some loser dude came on the property he was patrolling. He was challenged by my friend; to which the dude pulled out a knife and slashed him on the arm (it was that fast!). Instinctively (which is where all the practice comes in); my friend lashed out and kicked him with a side kick in his knee-cap; thus busting it (very easy to do with not much force applied). This caused the dude to drop to the ground - screaming; and I mean SCREAMING in pain (busted knee-cap - no doubt!). The encounter (fight) was over; the dude was hauled off to hospital (than jail); my friend had his cut arm taken care of (left a nice scar; but no serious damage).

Follow-up. After the dude was released from jail; he sued (!) my friend for the busted knee-cap (permanent injury) and it went to court. As previously mentioned, Canadian judges employ a lot of common sense when "interpreting" the law. The judge listened to the facts of the matter; and then turfed the case against my friend out the window, telling the dude that his argument for injury inflicted against him was "laughable" (justifiable force used in a clear cut case of self-defense by my friend)...

Lesson One - In a knife fight (no matter who has it); one (or both) WILL get cut!

Lesson Two - The amount of injury inflicted on another person in self-defense is directly proportional to the perceived threat received from the other person's ACTIONS. You say "boo"; all I can do is say "boo" back. You attack me with a knife; I am in fear of my life; and can do what is required to end that threat (BUT; no more than what is required!).

Lesson Three - Don't become a security guard! Become a judge, instead...

HTH
 
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