hunting blades, fishing blades, culinary knives, military knives, lightweight knives, durable knives I watched it progress quickly and steadily towards that verdict. If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife as defined in § 18.2-307.1, or like weapons, such person is guilty of a Class 4 misdemeanor. Paid Subscribers don't see ads! What about minors, can they open carry knives, swords, etc? The law also states that the concealed carry is banned on other knives that are “of the like”. Prohibiting the selling or having in possession blackjacks, etc. Source(s): https://shrink.im/a9izc. The Virginia pocket knife laws will ensure the protection and safety of the state and the societies by lowering the risk and rate of knife crimes. So ignore everything that was said about Kingrey. This is based on the Supreme Court’s definition of weapon: “The item must be designed for fighting purposes or commonly understood to be a “weapon.”. Knife laws can be divided into these two categories: ownership laws and carry laws. Another case is when someone is a regular member of a weapon collecting entity who happens to be transporting the weapons for an exhibition and needed to securely wrap up those weapons. What about age of conceal carrying and is it legal to conceal carry a Gambit? What Are the Knife Laws in Virginia? 3 Ways to Actually Sleep When Camping in a Hammock, Camping With Diabetes : A Beginner’s Guide, Best Hunting Knives : Folding and Fixed Blade, Buying Guides, Knife Life, Knives, Our Favorite Knives, "I've been looking for knife law guides for a while and your articles are amazing. 1 decade ago. Most of the housewives, chefs, butchers and some people are fond of collecting different types of knives as their hobby. It seems as though as long as the knife is not concealed the length is not an issue. It makes being a lawyer difficult at best. A pocket knife as defined by Wikipedia is a foldable knife with one or more blades that fit inside the handle that can still fit in a pocket. Most laws about non-firearm weapons are by state, with very few existing at the Federal level. The effective date of HB33 is September 18, 2013.. Good luck. deadly weapons, which is more or less per the course in most states. In 1995, in Main v. Commonwealth, the Virginia Supreme Court found that a weapon carried in a person’s back pocket, when he or she is carrying a duffle bag which covers the handle of the weapon, the only visible part, the weapon is concealed for the purposes of the conceal carry statute. It is legal to own any type of knife in Virginia. Does having a concealed carry permit allow a person to carry a switchblade in VA? I know this is a year old so this guy doesn’t care anymore, but somebody might. Law enforcement, under this judge/jury concept, has no responsibility to prove cause or provide definitive evidence. The interesting thing…a police officer can arrest you for attempting to sell or barter a switchblade knife simply because you posses it. It states that if any person sells, or gives, or furnishes or barters any disc that is designed to be thrown and has at least 2 blades will be guilty of Class 4 misdemeanor. The info above cites a case that ruled a butterfly knife to be a dirk. It is interesting that the article suggests the contradiction between the 2007 Johnson and 2010 Hunter decisions has not been settled by the state Supreme Court. To the fellow blade enthusiasts.. does anyone know the laws for the state of Virginia? It’s very devastating that after 13 year, $895 in fines, 3 days in jail, $150 to file a petition for expungement and no job I feel like I’ve suffered enough for a $1.99 souvenir that I purchased on vacation 13 years ago. It is unwise to carry a switchblade knife. All 50 states have their own knife law, and many of the local jurisdictions within a state will oftentimes have their own, more regulated knife laws as well. You can see it if your facing my back, but not necessarily from the front. Virginia Pocket Knife Law. It further found that accessibility of the weapon was the evil the statue sought to regulate, and the fact that the windbreaker was readily movable supported rather than weakened the defendant’s conviction. A. If your clothing or bag or purse is covering the sheath on your belt obstructing it from being viewed . However, it is illegal to conceal bowie knives, dirks, machete, ballistic knife, switchblade knife, oriental dart, throwing star, or any other similar weapon. All fixed blades, some people had their knife partially covered (like a small portion) by their shirt or winter coat (while wearing the blade on their side belt) and still got arrested. Will I get in any legal trouble if I do this. This is a class 4 misdemeanor. Functionally, that means that it must be a dirk, bowie knife or switchblade, even if it is named something different. Ownership laws forbid individuals from owning certain types of knives that society has deemed “deadly weapons” or “dangerous.” Most of the time, these knives were once associated with unlawful people such as gangs, the mob, and outlaws. The kinds of knives that are illegal to conceal on your person are. It found that a gun in the pocket on the back of the seat in which Mr. Clarke was sitting was concealed because it only became visible to the investigating officer only when he approached the front passenger seat close enough for him to peer down into the seat’s pocket compartment from directly above. However, laws do change all the time, and, while this has been the state of the law for the last five years, it could change with a new court case or in the current legislative year. what if its a balisong trainer and its in a case on the side of my belt. im 15 and i want to know can i carry my bowie knife. The burden of proof would be on you – in court. I use them in Boy scouts but I was just wondering if I was allowed to have them in public in case of emergency as long as i have them hanging closed from my belt, so its in plain view is that legal? The public defender retained her reputation even as her defense of her client would embarrass most lawyers. Knife possession laws, as well as the knife carry laws, especially in a concealed manner are strict here.. Strap two Ninjatō to your back like Deadpool instead and march around Virginia like a boss (because that is totally normal here . State laws are the most important knife laws, but they are certainly not the only knife laws. I wish I had read this before leaving any comment. The code doesn’t mention pocketknives. They don’t realize that they are breaking a law. Federal knife law only applies those traveling from one to state to another, entering federal property (e.g. “Conceal” includes partially hidden by an untucked shirt, or within a backpack, or in a glovebox, of in a camouflaged scabbard or sheath. I don’t intend to be pulled over but just in case, if the officer asks if I have any weapons do I say “no sir/ma’am” or do I say “I have no guns but I do have some knives in the trunk that I’m having/had sharpened” or something to that effect. It is legal to open carry any type of knife. @knifeup you may want to review section 18.2-311 of the Code of Virginia. However, it is illegal to conceal bowie knives, dirks, machete, ballistic knife, switchblade knife, oriental dart, throwing star, or any other similar weapon. The only law pertaining to arms you’ll ever need to memorize. So let me get this straight. Furthermore, there was an unsuccessful bill in last year’s legislature to legalize the possession of switchblade knives by removing the words “switchblade knife” from the aforementioned statute. A dirk (dagger) has been shown in court to be almost any kind of camp knife with a fixed blade. . Unfortunately, here in Virginia, the law is written ambiguously on purpose to make it difficult for citizens to confidently carry certain types or kinds of knives. Yeah, VA Knife laws are very lax, considering that you can buy one at any age. Like a katana for example? The Supreme Court of Virginia weighed in on what “about the person” means in 1994, in Leith v. Commonwealth, when it found that a pistol located in a console beside where Mr. Leith was sitting, was concealed ‘about his person’ because it was within close proximity to Mr. Leith. Facts presented in evidence are the only considerations placed before the jury. It stated that the purpose for which an instrument is carried should be considered in determining whether it is a weapon or a non-weapon. Thompson v. Commonwealth, 673 S.E.2d 469 (2009). There seems to be no age restrictions as long as it’s completely visible to the naked eye. That is not justice. It seems as though as long as the knife is not concealed the length is not an issue. A switchblade knife made from a stained mastodon tooth featuring a gold flower and an ornate steel blade is among the prized knives of a Richmond-area … That means it's punishable by up to 12 months in jail and a $2,500 fine. It is illegal to carry all the mentioned knives but it is also illegal for authorities to search you without a warrant. At first, it must be decided whether this bladed item in question is considered a weapon or not. Pocket Knife Laws In The State of Virginia, United States. Other than that, it also prevents new knife laws from being enacted upon. ownership illegal. The purpose of this disguise is to conceal the weapon’s real nature. Forfeiture of certain weapons used in commission of criminal offense. MYTH: Switchblades / OTF Knives and Balisongs (butterfly knives) are illegal everywhere without exception Not true. Alabama has some of the best knife laws in the U.S., including a nifty switchblade law. The exception also includes people who are taking their knives for repair, given that the weapon is secured and properly wrapped. Called the SIGNAL leatherman multi-tool. The law proceeds to point out specific cases where the conceal carry shall not be a crime. Like my story for example I now have a Concealed weapon charge on my record which has ruined my life for a Myrtle Beach souvenir (sparkly switch blade knife) I was teenage girl that had no idea that knives were illegal in VA. ", "I'm relieved that there is someone out there protecting me and my rights. No, the commonwealth doesn’t make any distinction as to size, specific knives and “knives of like kind” are prohibited from conceal carry, conceal carry is defined as hidden from common observation (that’s inside a glove box) so any knife carried concealed would be illegal, not the knife but the carrying of it concealed is what’s prohibited. Also been informed that some states define open carry as having whatever fully visible. The second judge’s courtroom was certainly no better. The concealed carry laws ban certain knives from being concealed when carried around. Woo Hoo! I knew what the verdict would be before the first witness testified. Cool, that means that I(13), can open carry my Skyridge(Gerber switchblade)! ", "KnifeUp's series of knife reviews was really helpful. In both cases, the outcome added to that judge’s campaign promises. VA's knife laws are vague in that they don't properly define switchblade. so if put it in my backpack is it therefore considered concealed carry. Hey i am a HUGE CS:GO fan and i am going to buy a Karambit… and im not sure if its legal to open carry or not? Ownership Laws. Dumb question, how do you open a knife? Can I carry a pocket knife with a blade less than 4” in the glovebox of my car? As long as it has a pocket clip and the clip is exposed you should be good. I myself have been arrested (charges dropped), and I have represented clients who were arrested (and convicted, though it was overturned) for possessing and carrying knives which were not illegal. © 2018-2020 Survival Tech Shop. Hey quick question so lets say I am 15 years old and have a pocketknife with a blade of 3.5 inches. So, if the status of the knife is not clearly mentioned in the law, what happens? And there is no “wiggle room unless you are a “conservator of the peace.”. 0 0. silky1. When it comes to selling knives in Virginia, the law is clear and blunt. However, there are the normal exceptions such as schools. The law states less than 3 inches but does that include 3 inch pocket knives? You should consult a good attorney in Virginia and ask them what pocketknife you can legally carry. § 18.2-311. Randy, that would be fine in Virginia as long as your shirt or jacket or backpack is not hanging down over the belt sheath. In Virginia, carrying any weapon in your trunk doesn’t fall under the concealed concern, because it’s not readily accessible for use. Since about 1995 when VA decided to switch to a ‘Shall Issue’ state, the only permit accessible is a ‘CHP’ which is for Concealed Handgun Permit. Really, my advice, move to a better state, there are 49 of them. The correct answer to your question, and the way any lawyer will advise you is to never ever answer police questions. ), Leith v. Commonwealth, 440 S.E.2d 152 (1994), Barley v. Commonwealth, No. All rights reserved. To hide this fact, the jury is included only because the jury is responsible for deciding on the evidence. As I understand it, that’s the way it is. We’ll see what happens in VA! TL;DR: normal folding pocket knives of any size are legal to conceal carry in Virginia. In 2000, in Clarke v. Commonwealth, the Court held that a weapon is hidden from common view when it is hidden from all except those with an unusual or exceptional opportunity to view it. Prohibiting the selling or having in possession blackjacks, etc. Dirks are small daggers. Virginia code 18.2-308: it’s illegal to conceal carry a dirk. If I have several knives I want to take up to be sharpened, and I have a pick up truck, regular cab do I have to place the knives on my dashboard so they are not concealed? Open carry means as long as I carry it using the pocket clip so the clip is showing at all times that is considered open carry in VA and I can legally carry it like that in VA. Am I understanding this correctly? Similar knife legislation has been approved in the Senate: Like HB 1432, Senate Bill 1347 would allow switchblades to be carried concealed. All weapons, except for a pocket knife less than three inches, are illegal in schools. Knife laws in Virginia Looking at knife laws in Virginia, one will notice that the laws are highly broad and permissive in some respects, while in others they can be quite restrictive. Or are folding knives not considered Bowie knives? What are the rules for buying knives online? Are throwing knifes alowed to be concile carried or do the fall under oriental darts and throwing stars? Since I knew I don’t steal I agreed for him to search my bag. § 18.2-311. The knife was therefore ‘of a like kind’ to a dirk, which is specifically listed in the statute as a knife that is illegal to conceal carry. Would it be legal to carry a sword straped to your back? That is a automatic so that will be illegal. Virginia law does not prohibit the open carry of any knife. Summary of 2013 Alaska Knife Law Changes. Guess they need to have it like Alaska that if you get pulled over and have a weapon in the vehicle/on you it’s your job that the first thing you do is to let them know it’s there, I’m going camping and recently bought a ka-bar that has a 9 inch blade and is 14 inches in total. Authorizes any person to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or lawful recreational activity the performance of which is aided by the use of a switchblade knife. Virginia’s legal system is badly broken. If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife as defined in § 18.2-307.1, or like weapons, such person is guilty of a Class 4 misdemeanor. I’m pretty sure if it has a clip you only need that to show as its part of the knife. A pocket knife as defined by Wikipedia is a foldable knife with one or more blades that fit inside the handle that can still fit in a pocket. It is a concealed handgun permit, not a concealed weapon permit. In 2009, the Supreme Court of Virginia held, in Thompson v. Commonwealth, that in order to prove that a weapon is of a like kind to one of the listed weapons, the state must prove that it is substantially similar to the listed weapon. Knife carry in Alabama was relatively simple. LEXIS 765 (Ct. of Appeals Nov. 28, 2000). apparently)! Is a microtech spring assist knife considered a switch blade? Firstly, unpublished opinions are meaningless. concealed /handgun/ permits. Well that winter I was with a girl from school that was allegedly stealing a shirt and the cop ask if he could search me to just to be sure. Any suggestions as to how those could be carried openly without crossing the line into what could be considered brandishing them? Personal protection; carrying concealed weapons; when lawful to carry; penalty. New Jersey Knife Laws: Everything You Need to Know, 4034 Steel Overview (Composition and Uses), Utah Knife Laws: Everything You Need to Know, Missouri Knife Laws: Everything You Need to Know, Alaska Knife Laws: Everything You Need to Know, Any child day center including the buildings and grounds, Public properties that are used for school-sponsored activities. https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-311/, https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308/. any dirk, bowie knife, switchblade knife, ballistic knife, machete…”. The Senate approved the bill last week, 21-19. The article does not address the issue of length, however. A Concealed Carry Permit applies only to firearms. Are there age restrictions to purchase a knife? It is a crime to “brandish a machete or other bladed weapon with an … The possession of throwing stars, switchblades, ballistic knives or like weapons is illegal in Virginia. Aren’t rifles required to be keot in a safe lockbox? . Anyone have a clue which category is Virginia is in??? Just be careful with cops out here, some will say its a like kind,others might know a little about knives. And, for those who care, I have 42 years of wilderness canoeing and bushcraft experience in Northern Ontario and spend most of my Summers covered in mosquitos and fish slime, but hey, it's a lifestyle choice eh? You make no distinction between a fixed knife and a folding knife. Can I open carry my bowie knife in norfolk my husband bought me one and I know you can in the state of virgina but norfolk specifically. Apr 3, 2013. It is considered open carried at that point, that’s what my local sheriff’s office says. When a thing is “legal” then it should be LEGAL. Hey Pearson; I think we’re all on the same team! i am 16 years old and wanting to know if a kid like me can have one on my person for the tools/features that this multi-tool has to offer. I’m 15 by the way, just curious. In Virginia, it is illegal to sell or barter a switchblade knife. I have witnessed two judges, both elected officials, that made campaign promises that directly affected their application of the law, counter to the actual intent. You can carry anything in your trunk that is legal for you to own in the first place. The knife-ownership laws are friendly like South Dakota Knife Laws.Whereas most of the States prohibit dangerous or deadly knives such as switchblades and ballistic knives, dirks, daggers etc, this State does not ban any knives to own or possess. The law ( §18.2-308.1A) defines schools as follows: The law goes on to state that only pocket knives are permitted on school premises. Here, the actual law says that throwing stars of any kind, SWITCHBLADE, brass knuckles, and blackjack is illegal to possess OR have under your control (in your house or car). I use a cane. I'm really happy I found KnifeUp. Thank you! Paid Subscribers don't see ads! The Court also held that whether a weapon was about the person or readily accessible, was for the jury, or the in the case of a bench trial, the Judge, to decide on a case-by-case basis. Is it legal or not? The law defines only one kind of knife that is the ballistic knife. The statue does not define any other type of knife, and in 2000, the Supreme Court of Virginia, in Delcid v. Commonwealth, held that the determination of whether any knife fell within the meaning of a word used in the statute was for the jury, or in the case of a bench trial, the Judge. It should be obvious that the Commonwealth's criminal code does not favor carrying switchblade knives and it would seem that in so doing one would always risk the possibility of being charged under the statute which you've cited(Sec. So could I carry a boot knife on my belt under my shirt? Yes, a child is legally allowed to carry the allowed knives in VA.. Thanks for the question John, J. In a previous case in 1995, the court found that someone putting a weapon in a back pocket while carrying a duffle bag that covers the visible part of the weapon is considered a “concealed carry” and therefore, a crime. Yes, I am even allowed to carry a 3″ pocket knife to school. ), Pruitt v. Commonwealth, 650 S.E.2d 684 (2007), Johnson v. Commonwealth, 2010 Va. App. Then i wonder, if any trial interpreted the “carry” term. . It says that selling, bartering, offering for trade are illegal and then goes on to say that mere possession is evidence of intent to sell, barter or offer for trade. Is it legal to carry in a sheath on my belt with no shirt covering it? Lv 7. An agenda has no place in the courtroom. A person guilty of  Class 1 misdemeanor means that he is punishable for up to 1 year in jail or he can be fined up to $2500, or both. yeah… im only 14 and my little bro has like 8 krambits… i dont trust him the way he looks at me…. Can I open carry a Rambo sheath knife openly from my belt? I would add something to your description of yourself and what you do: You are an ‘attorney’ there are not lawyers in this country since there is no ‘law’, which brings me to my second point; there is no law/laws in this country – since we are under the jurisdiction of the sea (maritime/admiralty), and most living human being consent to be a legal fiction (unknowingly) therefore are subject to statutes, code, regulation, etc of the corporate fiction known as a legal fiction or ‘person’. Virginia code 18.2-311 clearly states that while it is legal to own a switchblade, possession of a switchblade is prema facia assumed to be the intent to sell, which is illegal. To cut a long story short, all knives are legal to own in Virginia. And I said no its been in that zipper since I left Myrtle Beach. However, there are certain types of knives that should not be carried concealed. Most knives have a clip on the side to carry it inside your pocket. Virginia knife laws. The one singular reason why I prefer the old VA concealed /weapon/ permits that I started getting in 1975 to the new (since 1995?) Double action otf knives are illegal to sell or have in your possession in Virginia. Our website services, content, and products are for informational purposes only. Also, people who are members of a training course and they had to transport the weapon around different training locations. Good question J for my buck knife. Pursuant to 18.2-311 of the Code of Virginia, possession of switchblades, blackjacks, metal knuckles, throwing stars, and ballistic knives is a class 4 misdemeanor. It stated that since no one had returned to the vehicle since Mr. Johnson had exited it, that it was reasonable to assume that the weapon had been concealed in the vehicle while Mr. Johnson sat in close proximity to it. Summary of 2013 Alaska Knife Law Changes. In states which have not pre-empted, individual counties, cities, and towns If I understand correctly, legal carry for pocket knives means the clip or any part of the knife has to be visible by anyone without obstruction to its line of sight. You can carry a giant Bowie knife if you wanted to so long as it's open carried. I have a conceal carry permit to carry a firearm but I cannot conceal a fixed blade or switchblade knife? It is actually illegal to have a switchblade because my grandpaw had a store in Virginia and he had all kinds of knifes and he had to stop selling switchblades. However, the metal blade should not be more than 3-inches long. While being at Myrtle Beach on vacation one of the store clerks at Wings in S.C. was selling these sparkly Myrtle Beach switch blades for 1.99 with any purchase so I bought one. His conviction for carrying a concealed weapon was thus overturned. . Virginia law is such that concealed carry of any knife should be carefully evaluated. In my experience, a courtroom is actually more a “throne” room. These are the laws that apply, so it's up to a judge to rule. Outdoors, travel, home and garden, and more. To make this problem much worse, knife laws regulating possession do not require intent of a criminal action to be illegal. Most laws about non-firearm weapons are by state, with very few existing at the Federal level. MYTH: Switchblades / OTF Knives and Balisongs (butterfly knives) are illegal everywhere without exception Not true. The law does not state balisongs/ butterfly knives as being illegal to carry concealed. I hear you. If you are in possession of a blackjack, brass or metal knucks, throwing star, switchblade knife or ballistic knife, you will be charged with a Class 4 misdemeanor, even if it’s not concealed. Additionally, in contrast to Delcid cited in “Definitions of Various Kinds of Knives”, the court in Thompson rejected the concept that the intent for which a knife is carried has any bearing on whether or not the statute is violated. In my purse? Virginia statute defines concealed as hidden from common observation. Let that be at least a partial guide. What about Kerambit Knives? I would not carry the knife you have described above for the purpose of no real reason to carry it other than playing with it. Pretty much, yes. This means that the crime committed will be punishable with a fine and doesn’t include going to jail. The term “of the like” is used by the law, in this case, to make it illegal to carry knives that have the same nature and characteristics similar to the prohibited knives listed by the law. It passed the Senate last week on a vote of 23-16 with one abstention. I appreciate the comments posted by John Bradley, ESQ, but don’t know if that answers my question below, sorry for being a bug about this but my legal expertise is basically nil except for the UCMJ which I was pretty good at years ago when I had the collateral duty as a Legal Yeoman when I was in the Navy and unfortunately there isn’t a civilian version of the Article 134 catch-all article that covers this that I know of. its from leatherman. What about a pocket knife with a 3 inch folding blade (crkt m16-01ks) where the top is showing when placed in my pocket with the clip? It is illegal to conceal carry a dirk, bowie knife, switchblade, machete, ballistic knife, throwing starts or oriental darts, or any knife of a like kind. This is very interesting. 14, 15; 1985, c. 394; 1988, c. 359; 2013, c. Also in 2000, in an unpublished opinion in Barley v. Commonwealth, the Virginia Appellate Court upheld Mr. Barley’s conviction for carrying a concealed weapon, finding that a weapon hidden beneath a jacket on the front passenger seat of the vehicle Mr. Are you saying we can own a black jack if is out intent to simply own it and keep it in our possession? I had no idea. Virginia law makes it illegal to carry certain kinds of knives on your person. http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-309/. Sometimes we come across cases in which people are caught committing a felony or offense without meaning to. That is never a waste of time, Secondly if the dogs that attack you are suspected of being rabid, lethal force would be justified, and if you want to use a knife as lethal force against a rabid dog, you must be one of the top knife fighters on this side of the Mississippi bc I wouldn’t want to go anywhere near a rabid dog, especially one that’s attacking me, I have 2 knives that I want to open carry I believe they are Bowie knives is it ok to open carry as lovg as the blade is not 12”. App. Simple possession is proof of intent to sell. It is up to you to convince the judge/jury that you are in fact a collector instead of just someone with a switchblade etc. If you're convicted of a second offense, it is a class 6 felony. https://web.archive.org/web/20191207221717/https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-311/. The simple fact that an object (knife or otherwise) can be used as a weapon is insufficient. § 18.2-311. The State of Virginia doesn’t prohibit openly carrying knives. I’m a knife guy, but for dog protection, I’d carry a pocket knife with a 3-inch blade AND some dog/pepper spray which works wonders! Sir do you think many will open carry knives on Jan 13th when the gun owners show up? It is legal to openly carry any legal knife in Virginia. The bill passed both houses, but the Governor vetoed it. yes you can. My closest professional sharpener is about 30 miles away in the Virginia Beach area and I live around Fort Eustis in Newport News. Agendas are for “kangaroo courts”. Ashley, in Virginia it is okay to carry your Bowie knives open carry even if they are long enough to be considered short swords. Virginia Knife Laws. It has a 2″ fixed blade but has a handle perpendicular to the blade. I mean come on, no wonder people hate police. Are they legal for concealed and open carry? But do not try to carry them concealed, even if the blade is only 1 inch long, because Bowie knives are considered illegal if concealed carried. Virginia Knife Laws June 22, 2016 By Law Office of Shawn M. Cline, PC Share. Lv 7. Com., 673 S.E.2d 469, 277 Va. 280 (Va., 2009)) concluded that a “butterfly knife” of balisong was NOT a “weapon of like kind” to any of the weapons listed, and as such, there exists no prohibition against carrying one concealed. yes. Thanks for the information it is very useful. Quick Legal Facts ... and a bowie knife. im am 13 years old and i was wondering if it is legal for me to conceal carry an acisted opening knife. Just want to be sure because people still cant sell them here as far as I know. O’course, the newer versions are better in every other way. When something threatens my rights, KnifeUp is the first to inform me. The knife laws in Virginia are relatively less restrictive compared to other states. You need to update this page. It’s bogus law and it needs to fixed, but as it is now, this page incorrectly states the law. Knives make cops nervous, and making cops nervous, while not illegal, is unlikely to brighten your day. Virginia State Knife Laws. VA's knife laws are vague in that they don't properly define switchblade. So by the similar type logic I’m not allowed to have any knife in a pocket or covered in any way that isn’t tiny or non fixed blade? It varies from county to county, however most require you to be sixteen or older to carry any knife with a blade over three inches. The defendant never received justice. This article seems to imply that it is legal to carry a concealed knife if it is not one of the proscribed types and does not resemble any of them. but I don’t want to carry it on my belt all the time. The list includes: The law states that if these knives were carried hidden from observation, the carrier is deemed guilty of a Class 1 misdemeanor. Note that it is common for judges in Virginia to be invested in the commercial prisons used in the State. The court also ruled that the instrument that is carried concealed must be a weapon, carrying a non-weapon is not a violation of the statute. The judge very quickly told the jury that they did not need to know that information. Pam, you would need to be a little more specific with what you mean by “pocket knife”. Second, under “{O]f a like kind”, the Supreme Court of Virginia (the final authority on the interpretation of Virginia law) in Thompson v. Commonwealth (Thompson v. Virginia law does not prohibit the open carry of any knife. The law only specifies concealed carry. Following the Leith decision, in 2000, in the case of Barley v. Commonwealth, the Virginia Appellate Court held that a readily movable windbreaker covering a weapon concealed the weapon, because the statute required only that the weapon be hidden from common observation, not that it be covered by something, which was difficult to move. If you are conceal carrying any of the above, you will be charged a Class 1 misdemeanor. Virginia knife laws are long and quite wordy, making it almost impossible to determine what is legal and what is not legal when it comes to owning and carrying knives in the state of Virginia. I was thinking about getting a decorative knife as a deterrent against danger, since my little pen knife isn’t really visible in my pocket lol. … has to stay visible the entire time you’re out though. Switchblades cannot be legally owned in Virginia. You’re better off alive than dead in case you need protection. Made in Germany. If any person carries about his person, hidden from common observation……(ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack….. Virginia statute defines a ballistic knife as a knife with a detachable blade, which is propelled by a spring-operated mechanism. What about a 1918 Trench Knife? Can you carry a fixed blade on your belt and have it tucked in your back pocket ? I had never been in any trouble before and didn’t think I’d need a lawyer but I was fooled. Is it legal at 3 inches or 3 1/4 inches? This article needs to be updated. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a dirk, switchblade knife or bowie knife, having good cause to believe him to be a minor, such person shall be guilty of a Class 1 misdemeanor. I live in Virginia. boxes in moving cars are more or less “carry” but Leith’s office concole? Would that pose a problem? In West Virginia only people under the age of 21 carrying a knife with a blade longer than 3 and ½ inches, a ‘switchblade’, or a gravity knife are required to openly carry. thanks. In an unpublished opinion in Kingrey v. Commonwealth, the Virginia Court of Appeals, in upholding Mr. Kingrey’s conviction for carrying a concealed weapon, found that Mr. Kingrey’s butterfly knife, when opened, closely resembled a dirk. Virginia is a state that has an unpopular history with concealed knives. This law also preempts the repealing of local knife laws. The phrase ‘of a like kind’ is used in the conceal carry statute to make it illegal to conceal carry any knife of a like kind to one of the knives listed in the statute. 18.2-311 makes switchblade, dirk, etc. Hey Knife Up gang! So, let’s dive in. . Only those listed in 18.2-308. dirk knife; bowie knife; switchblade knife; ballistic knife; machete; razor; slingshot; spring stick; metal knucks or; a blackjack. If you don’t like legal speak, here are the basics of what knives are legal under Alabama knife laws. I am a lawyer, licensed in Virginia, so I do know what I’m talking about. In New York those are prohibited So and considered a gravity or switchblade? 2202-97-2 (Ct. of Appeals July 13, 1999). I live in Northern Virginia and I am outdoors a lot. It is illegal to sell or exhibit for sale a switchblade knife in Virginia. I find this to be a violation of ethics and evidence of judicial corruption. I go camping with it’s blade is about 4 inches long hilt about 3 inches long so to big and once I leave my truck it’s on my hip but traveling from home to parking lot it’s in my hiking bag in the back of my truck. It is illegal to conceal carry a dirk, Bowie knife, machete, razor, or any knife of a like kind. It is illegal to conceal any knife regardless of having a concealed carry permit. 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