is it really forbidden to walk around with an Opinel?

Several Internet users claim that it is “now” forbidden to carry an Opinel or other pocket knife. However, this does not concern all knives and it is not new. Only the sanction has changed.

This is a revelation that is causing a lot of noise on the social network X, at the end of September: “The Opinel knife, a French manufacture, a sure value. This sharp, ergonomic knife equipped with a safety collar, is now prohibited outside the home”says the infectious disease specialist removed from the Order of Physicians Stéphane Gayet, member of the “Let them prescribe” collective, in a post seen more than a million times.

“Everyone has had an opinel once in their life? Well now it will be a €500 fine and a criminal record. We are really led by a bunch of dirty assholes who have sworn to piss us off on everything , without ever solving the slightest problem…”an Internet user gets angry. An Internet user deplores a decision by “Absurdistan”. While another loudly proclaims that he will always take his folding knives on walks, by sharing a photo of his collection. But is it really forbidden?

They are in the process of criminalizing the wearing of opinel to prevent Islamist terrorists from stabbing honest people. Fucking shit. In defiance of these shitty legislators and their stupid laws, I will continue to bring my utensils even if I have to have a… pic.twitter.com/bKyjPi1FwZ

— Alexandre Page (author) (@page_alexandre) September 22, 2024

That’s pretty true, but it’s also more than complicated than that. This is a question of interpretation of the law. On the other hand, what is certain is that it is far from being new.

Opinel brand knives, like other folding knives, are never mentioned by name in the classification of weapons in article R311-1 of the Internal Security Code, but some fall into the category of dagger knives, category weapons D whose carrying and transport are prohibited except for legitimate reasons, knowing that going for a picnic or hunting can be considered as a legitimate reason.

The only definition of what a dagger knife is is found in an arms export circular. It specifies that a dagger knife is a knife whose blade can be blocked using a ferrule, a rotating ring, whose blade measures more than 15 centimeters long, is at least 4 millimeters thick, has a double edge on the entire length or at the end and whose handle has a guard. These five criteria are cumulative, that is to say that “if one of these conditions is not met, the weapon is not considered a dagger or dagger knife”. This therefore excludes a good number of folding knives including the majority of Opinel brand knives.

Except that, sometimes, depending on the police officer who controls, depending on the judge who sanctions, only one criterion is retained: that of the blade which can be blocked. And that concerns a large number of folding knives. The ban is not new and already dates back around thirty years. Until 1994, the law made an exception. There was then an article in the Penal Code which said that “pocket knives and scissors, simple canes and any other objects whatsoever will only be deemed weapons if they have been used to kill, injure or strike”. But this exception disappeared in 1995.

Since then, carrying certain pocket knives, like any category D weapon, is an offense punishable by one year of imprisonment and a fine of 15,000 euros, according to article L317-8 of the Internal Security Code. .

However, since April, another method of sanction has been tested in areas dependent on around ten public prosecutor’s offices including that of Bobigny, Bordeaux, Marseille, Nantes and even Paris. If a person is stopped there with a dagger knife, they can directly hand this knife over to the police, pay only a fixed criminal fine of 500 euros (AFD) and by this act interrupt the legal procedure, which allows them to avoid a trial and risk an even greater sentence.

But this fine constitutes a conviction and is entered in the criminal record, even though there was no trial as is usually the case after the commission of an offense, without, therefore, the suspect being able to explain to a judge, for example, that he was simply going to have a picnic or pick mushrooms. It was this registration in the criminal record which initially triggered the wrath and concern, in particular from the hunters interviewed by Le Figaro and which provoked the anger of Internet users.

Let us note, however, that if it is not possible to explain to a judge why one carries a folding knife, it is always possible to explain it to the police and invoke the “legitimate reason” permitted by law. It is also possible not to give up your weapon, not to pay the criminal fine and to let the legal proceedings take place in order to have a trial and be able to explain yourself at that time.