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## Uncertainity about the Exemption for Blades under 3 Inches

I am unsure if the exemption for blades under 3 inches only applies to multitool style pocket knives or if this would be included as well. If you were stopped by the police and they found that in your pocket, would you still need to have a good reason or can you carry something like this without any reason whatsoever? The law seems somewhat vague on this matter, and I am curious as to why someone would be allowed to carry what is clearly a weapon if they don’t have a good reason.

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2 Comments

  • LexFori_Ginger

    It has no other tools attached and is JUST A KNIFE?

    If you got stopped, “legal size” or not, they’d probably ask questions. I can’t see anything in the statutory definition of being in possession of an offensive weapon (for the scottish law) that refers to size, just the ability to cause harm.

    But if you’re not acting threateningly they’d likely take a practical view.

  • CountryMouse359

    For some reason, Scotland has trouble writing clear laws. Under the Criminal Law (Consolidation) (Scotland) Act 1995, section 49, “Offence of having in public place article with blade or point”, the section “does not apply to a folding pocketknife if the cutting edge of its blade does not exceed three inches (7.62 centimetres).” – This would seem to imply that the knife is fine.

    There is then section 47, “Prohibition of the carrying of offensive weapons.”, and an offensive weapon is something that is “made or adapted for use for causing injury to a person, or “intended, by the person having the article, for use for causing injury to a person by— (i) the person having it, or (ii) some other person.”

    Now, the fact that section 49 exists implies that not all blades should be considered offensive weapons, but if the police have strong reason to suspect that you are going to use it to cause injury to someone, then it would become an offensive weapon. If you are in a situation where you are likely to be stopped and searched by the police, should you have a knife?