The Legal Requirements of the Tactical Pen
The tactical pen has been around for some time. You probably have one or more of these in your pocket or purse, but do you know the rules that govern the sale and use of this device? Here is a quick guide to the legal requirements when carrying or using a tactical pen.
As far as legal requirements go, the laws concerning the possession of such items are pretty basic. They deal with the legal restrictions on carrying a weapon. In the United States, the weapon classification for both handguns and long guns is concealed carry. Generally, if a person carries a concealed weapon it can only be used for lawful purposes, which includes self-defense. Even then, if the weapon is misused, the law has strict penalties for those who use a weapon for criminal activity.
Of course, the tactical pen is not considered a weapon in the same sense. As such, the manufacture of such devices requires only a handful of regulations to follow in order to make them legal.
One of the first things to understand is that a product is a weapon if it is designed for the purpose of inflicting injury or death on another person. In other words, the mere fact that a tactical pen is sold as a “derivative of a pocket knife” does not make it so. It would be necessary to prove to the courts that the device was actually designed for the use of the intended end user, and therefore should be regarded as a weapon.
While it is certainly within the jurisdiction of the manufacturers to create any device that can be carried on one’s person, there are some things that they must not do in order to make their devices legal. For example, the manufacturing company can create a product that can be carried as a handgun, but must comply with the regulations on the legality of such weapons in the United States. Even though it does not necessarily need to use the same functionalities as a firearm, it must use the same materials, and if it uses materials that have a similar toxicity, the maker will have to prove that it is not unsafe to use.
On the other hand, if the manufacturer of the tactical pen is able to present sufficient evidence to the courts that its use of a semi-automatic locking retractable blade is safe for the user, then it is perfectly legal. The company must also show that the device is not unsafe, and that its safety features have been incorporated into the overall design of the pen.
The legal requirements for the manufacture of a tactical pen are quite clear. While there may be additional regulations applicable to those who carry a tactical pen in public, this is only a brief outline of the essential aspects of the regulations that must be followed in order to make a tactical pen legal.