Commentary on Sections Part 2: Weapons etc. Section 28: Using someone to mind a weapon
217.Subsection (1) provides that it is an offence for a person to use someone else to hide or carry a dangerous weapon so as to make the weapon available to the first person for an unlawful purpose. Subsection (2) sets out non-exhaustive circumstances in which a weapon is to be regarded as being available for an unlawful purpose. The offence could catch a situation where the first person would be committing an offence if he took possession of the weapon from the person minding it, and would also cover a case where the first person was intending to commit an offence with the weapon in the future. Subsection (3) defines “dangerous weapon” for the purposes of this offence as meaning, broadly speaking, a firearm, knife or other specified offensive weapon. Subsection (4) provides that in Scotland the section will not apply in relation to knives or offensive weapons, as this issue is devolved.