In Scotland is it okay to carry a broadsword with Highland wear?

[User]

I read that a Scottish man was arrested in Glasgow for carrying a sgian dubh, dirk, and broadsword with his Highland wear.

Criminal Law (Consolidation) (Scotland) Act 1995 Section 49(5)(c) says you can have an article with a blade or point in public if it's part of a national costume.
https://www.legislation.gov.uk/ukpga/1995/39/section/49

I've always heard the law above protects carrying a sgian dubh. But, I've never thought about dirks or broadswords. Regardless of what the written law says (courts can sort that out), I'm interested in whether the average Scot believes carrying a dirk is permitted. If yes, then about about a broadsword?

[Jock Scot]

Let me first make this perfectly clear, I am not a legal man. Generally speaking the police, in the UK are not impressed with those who carry sharp pointy things about their person, without good reason. Anything with, I think, a blade more than three inches long is regarded with great suspicion by the police and could well be illegal....... even if it was "National attire".

I think it's an accepted practice that a kilted gentleman carrying a SD in his hose top would in most circumstances get a free pass. However, carrying a SD to a football/rugby match, for example would not be sensible and I think the police could well take action if they spotted it. Generally, swords and Dirks are not everyday kilt attire and unless you had a VERY good reason for carrying them, the police would take a VERY dim view and I would certainly expect them to be actively "discourage-ing ",one from carrying them in public.

[User]

You've answered my question perfectly, thank you. Reading the law is one thing. Knowing the feel of it is another, and that's what I'm curious about.

If I'm ever blessed with the opportunity to visit Scotland, and if I opt to bring my kilt, I doubt I'd wear my sgian dubh. I prefer to be extra cautious and considerate when visiting someone else's nation.

[Jock Scot]

Bring your SD if you wish and just be sensible with it. By that I mean, don't take it out and brandish it about in public. Common sense really. In truth, in a fairly long life, I don't think that I have ever seen anyone do so in the UK. In fact they(SD's) are really not as a big deal that many outwith Scotland seem to have for them.

[Jock Scot]

Oooooops sorry, duel post. Now deleted.

[Troglodyte]

I read that a Scottish man was arrested in Glasgow for carrying a sgian dubh, dirk, and broadsword with his Highland wear.

Criminal Law (Consolidation) (Scotland) Act 1995 Section 49(5)(c) says you can have an article with a blade or point in public if it's part of a national costume.
https://www.legislation.gov.uk/ukpga/1995/39/section/49

I've always heard the law above protects carrying a sgian dubh. But, I've never thought about dirks or broadswords. Regardless of what the written law says (courts can sort that out), I'm interested in whether the average Scot believes carrying a dirk is permitted. If yes, then about about a broadsword?

British law is quite clear and specific when it comes to carrying edged 'weapons' in public.


Both the law of England and Wales, and that of Scotland (which is not necessarily the same) make provision for ceremonial knives and swords - and the sgian dubh gets noted and identified for exception.

But the rule is, it must form part of a uniform or national dress and must not be wealded in public.

The police in Scotland are much more understanding about sgian dubhs when worn with the kilt generally, than the English police have the reputation for, but the kiltie could expect to have it confiscated if he wore it to the footie or into a pub afterwards. There is no need for a blade of any kind at these events and places, so the law is in place to protect potential stab victims.

As regards a dirk and, more so, a broadsword, the '45 Rising put paid to the legitimacy of those. There is no pretending that they are anything other than attack weapons with a reputation that has them feared around the world - no court would entertain any amount of 'But I only meant them for show...'

So ask yourself why would you want to walk around in public in Scotland with these weapons?

Not even the most passionate and traditionally-minded Highland-origin Scot would be favourably impressed - far from it. He would eye you with scorn, and no doubt explain in clear and precise language what he thought of you, and how your actions could have an adverse affect for the future of the legitimate carrying of a sgian.

Even if not seen as widely or frequently as many foreign visitors to Scotland expect, to the Scot in his homeland, the kilt is nothing unusual and certainly not fancy-dress. So there is no need to play-up your part if going kilted helps you enjoy your visit to our country.

The when-in-Rome-do-as-the-Romans-do is the best advice that can be given to any tourist - if you see it being done in Scotland, feel free to do likewise, if not, steer well-clear. And leave the dirk and sword at home..!

[User]

Thank you for your insightful comments. I think I now have a better grasp of the sentiment for carrying sgian dubhs in Scotland. I never considered that carrying other sharp items could negatively impact the opportunity to lawfully carry a sgian dubh.

[Tomo]

Troglodyte has it right.

it is generally illegal to carry a knife or bladed weapon in public without a "good reason". Small non-locking folding knife with a cutting edge of 3 inches or less are exempt and can be carried in public without a specific "good reason".

Lawful Authority ("good reason"). You may carry a larger or locking knife if you can prove you have a reasonable excuse, such as:

• Work: Tools necessary for a trade (e.g., a knife carried by a farmer, joiner, or gardener).
• Religious Reasons: Carrying a kirpan as part of Sikh faith.
• National Costume: Wearing a sgian-dubh with Highland dress.
• Sporting Activities: Taking a knife to a place where it will be used for fishing, game shooting, or scouting.

But context may also relevant. The gent in question was attending an independence rally rather than a cultural event and was apparently carrying a sgian-duhb, dirk and broadsword. It is also a moot point whether or not his attire was a national costume, it certainly looks more historical than contemporary - but then national costume is not defined by law so it is open to interpretation.

You should be OK carrying a sgian-dubh in Scotland. I have never had an issue, in Scotland or elsewhere. Goes without saying you need to put it in your checked baggage if you are flying, and keep in mind that regardless of the law, the owners of private venues can still restrict use in their premises. If in doubt either don't carry one or pop it in your sporran.

[Jock Scot]

Well, there we have it. Thanks Tomo, sound advice from a legal professional with knowledge of assorted UK laws.

Well done laddie.