I just got a pair of Double Locked Handcuffs with a cuff carrier to put on my belt. I'm not part of any security, LEO, or federal division. I'm wondering if it is illegal to carry my handcuffs on my belt in public as a civilian. If so, if my, or someone else's life is in imminent danger, and I were to perform a citizens arrest, would I have to read them their rights, or are they detained and awaiting Authorities arrival? I am only asking the last question just in case and im not trying to be a hero.
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1Laws vary on this matter from jurisdiction to jurisdiction. Where?– ohwillekeCommented Jun 18, 2021 at 19:57
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1@ohwilleke SC US– Joseph CaseyCommented Jun 21, 2021 at 16:10
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I know its not really illegal, but many sites have been saying that it is.– Joseph CaseyCommented Jun 21, 2021 at 16:11
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1 Answer
Is it illegal to open carry Hinged Handcuffs?
No, but there use may constitute an assault or false imprisonment if one cannot justify their application was reasonable, proportionate and necessary in the circumstances.
A civilian can lawfully use reasonable force if the conditions of s.3 of the Criminal Law Act 1977 are met:
(1) A person may use such force as is reasonable in the circumstances in the prevention of crime, or in effecting or assisting in the lawful arrest of offenders or suspected offenders or of persons unlawfully at large.
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Ok and if i were to put someone in C.A, would i be required to read them their rights, or just tell them that i am placing them under C.A? Commented Jun 18, 2021 at 15:26
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@JosephCasey "How does someone perform a citizen's arrest?" would be an excellent question (assuming it hasn't already been asked). Commented Jun 18, 2021 at 15:28
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I would see the risk especially as a concrete step towards establishing attempted kidnapping. Similar issues are arising in the January 6, 2021 U.S. Capitol prosecutions where possession of zip-ties is a key element in proving intent to engage in a more serious offense. Commented Jun 21, 2021 at 18:14