Carrying a Sgian Dubh

[The Supreme Canuck]

jkdesq: I was refering to this section from the above linked page (bold mine):

OFFENSIVE WEAPONS
Possession of weapon
82. Every one who carries or has in his custody or possession an offensive weapon or imitation thereof, for a purpose dangerous to the public peace or for the purpose of committing an offence is guilty of an indictable offence and is liable to imprisonment for five years. 1959, c. 41, s. 5.

Just having a sgian as part of your attire is not dangerous to public order and is not for the purpose of comitting an offence.

But as for section 89:

89. (1) Every person commits an offence who, without lawful excuse, carries a weapon, a prohibited device or any ammunition or prohibited ammunition while the person is attending or is on the way to attend a public meeting.

While it would be adequate to prove that your sgian is not a weapon, what about ones that qualify? Then you would have to prove that you are carrying it with lawful excuse. Again, carrying it as part of your attire would likely be acceptable. So, that's why intent is important. If you intend only to wear it, you're good. If you intend to use it, you're in trouble. Which is what you said. So, no disagreement from me.

[jkdesq]

Hey for sure Supreme. As I said, an academic difference!

I just noticed that you live in Kingston. Doesn't that make you an expert in most things criminal? LOL

[The Supreme Canuck]

Oh, boy. Don't get me started. Next year, I literally live next-door to Paul Bernardo.

[GlassMan]

Here's a little bit of surreality for you.

I live in the Commonwealth of Virginia which is a rather conservative place. In Virginia it is perfectly legal to carry a fire-arm as long as it is unconcealed - carried in plain view. So while you need a permit to have a handgun in a shoulder holster under your jacket, if you carry it on your hip there is absolutely no problem.

And no one has ever given me a problem about a sgian dubh and since it is single bladed it apparently isn't an issue.

But there is a specific legal prohibition in Virginia against wearing a dirk out in public and it lists "scottish dirk" by name! However a private location or private function is okay. And it's also never really enforced at large gatherings anyway since at highland games & festivals there are so many dirks, claymores, etc.

What a wierd world. They're worried about carrying a dirk in public but not about a six-shooter!

[Bob C]

Hey for sure Supreme. As I said, an academic difference!

I just noticed that you live in Kingston. Doesn't that make you an expert in most things criminal? LOL

I've met members of the Kingston Jaycees. Even went there, once, and partied with them. Their club uniform is prison stripes.

Is that indicative of the town? We had a great time at a pub called Tir na Og.

[The Supreme Canuck]

Ah! Tir Nan Og! Best pub in town! Of course, that may just be because all the other bars in Kingston are clubs. Bleech!

[jkdesq]

Hmmmm. What tartan goes best with thick black and white vertical stripes?

Glassman, I have to agree with you that Virginia law lacks some intregrity. Once people can carry handguns, you would think there would be no restrictions on normal blades. I hope this kind of thing helps Americans understand why us foreigners have to scratch our heads over your governments some times.

[davedove]

But there is a specific legal prohibition in Virginia against wearing a dirk out in public and it lists "scottish dirk" by name!

I bet sometime back in Virginia's history some Scotsman caused trouble with his dirk against the person or family of a big shot and he pushed the law through, and it has sat on the books since.

[bubba]

I hope this kind of thing helps Americans understand why us foreigners have to scratch our heads over your governments some times.

Sometimes? Lots of us Americans scratch our heads in puzzlement over our government ALL the time.

[GlassMan]

Hmmmm. What tartan goes best with thick black and white vertical stripes?

Glassman, I have to agree with you that Virginia law lacks some intregrity. Once people can carry handguns, you would think there would be no restrictions on normal blades. I hope this kind of thing helps Americans understand why us foreigners have to scratch our heads over your governments some times.

I guess I shouldn't be surprised at how ludicrous laws are here. After all, it's also illegal to put trousers on a duck! (I don't even want to know why they decided that was necessary.)

If trousers aren't even good enough for a duck, then they shouldn't be good enough for men either.