The Sgian Dubh, Canadian Law, and Personal Freedom and Rights

[Raptor]

I wear mine only when wearing hose & flashes. The casual socks & boots look wont pass muster as "national dress". If you're going with the sgian as part of living your heritage to the full, you could always do it the original way... of course, there's pitfalls there too: your call

[Sindarius]

In the end, know the law IN YOUR JURISDICTION. Only then can you make an informed decision about your sgian. Just remember that if it is unlawful in your area, then you are depending upon the discretion of an officer that you have not yet met.

Brother Steetcar makes an excellent point here. In many cases Law Enforcement Officers have a GREAT DEAL of discretion. I'm not an attorney and I don't play one on TV but I am a Peace Officer and will say that in many cases if you are questioned about your sgian by a Law Enforcement Officer there is a very real possibility that your demeanor will play a SIGNIFICANT role in the offciers decision on weather or not to take enforcement action. It's all about the totality of the circumstances.

[Jaggy thistle]

I have worn a sgian dubh in Florida, Belgium, Germany, Switzerland , Norway, England and at home in Scotland and have never had a problem ,havent tried wearing it on an aircraft !

[McClef]

I have worn a sgian dubh in Florida, Belgium, Germany, Switzerland , Norway, England and at home in Scotland and have never had a problem ,havent tried wearing it on an aircraft !

Don't try - security regulations would mean confiscation so put it in hold luggage at check in!

[Nervous Jock]

Never owned one, too much hassle with my social life although i have toyed recently with the idea of getting one tatooed on my leg

[KiltedKnight]

I hope that you find no problem in Canada while wearing yours but here in America should anyone run into a problem you can quote this court finding, (and do study the complete case yourself), and rely on the "Full faith and Credit Act" which says that any findings of a court in one state holds in any state of the union;

"The carrying of arms in a quiet,
peaceable, and orderly manner, concealed on or about the person, is
not a breach of the peace. Nor does such an act of itself, lead to a
breach of the peace." (Wharton's Criminal and Civil Procedure, 12th
Ed., Vol.2: Judy v. Lashley, 5 W. Va. 628, 41 S.E. 197)

It's good to know.

[McClef]

But would it work just quoting it at a Police Officer?

[McMurdo]

I have never had a problem wearing a sgian dubh in Canada, that said I dont wear it everyday, I think the main thing is your attitude if an officer asks you about the sgian dubh.

This is what the Criminal code of Canada says about weapons

"prohibited weapon"
«arme prohibée »
"prohibited weapon" means

( a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure applied to a button, spring or other device in or attached to the handle of the knife, or

( b) any weapon, other than a firearm, that is prescribed to be a prohibited weapon;

(please note I am not a laywer, I just know how to search for stuff)

[KiltedKnight]

But would it work just quoting it at a Police Officer?

Not necessarily. Most peace officers know what's legal and what isn't but generally won't bother anyone who's not swinging it around and generally acting like an idiot.

[Howard Clark]

The point made earlier about demeanor cannot be over stessed, no matter which side of the US/Canada border you are on, or wherever else you may be.

I demonstrated at a knifemaking event in Canada a few years ago and we had a local RCMP there to talk with us about knives and the law. The bottom line everywhere is the officer on the scene has a great deal of lattitude, and may base most of his decision on your attitude and actions and demeanor. Be polite, stand up straight, look people in the eye, and give straight answers, you'll likely have no trouble anywhere, IMO.