Virginia State Knife Laws. It is legal to openly carry any legal knife in Virginia. I had no idea. The possession of throwing stars, switchblades, ballistic knives or like weapons is illegal in Virginia. To make this problem much worse, knife laws regulating possession do not require intent of a criminal action to be illegal. The difference is that I like to share what I know, and research what I don't totally know, so that YOU can have all the info you need to feel confident and prepared for all things outdoors related! 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. Under current law, it is legal to own and open-carry switchblades in Virginia, but it is illegal to conceal-carry certain knives including switchblades, bowie knives and dirks. boxes in moving cars are more or less “carry” but Leith’s office concole? Thank you! Also see that brass knuckles can also be openly carried. A. 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. Im still seeing laws that say its illegal. As I understand it, that’s the way it is. Most of the housewives, chefs, butchers and some people are fond of collecting different types of knives as their hobby. March 25, 2018 March 24, 2018 by asris. I haven't found such clear law advice anywhere else. 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. No it’s needs to be open carry, when they say Bowie knife they pretty much mean any form of hunting knife needs to be carried openly. deadly weapons, which is more or less per the course in most states. On your belt, what happens if your shirt covers it accidently? Knife laws can be divided into these two categories: ownership laws and carry laws. J. Thanks for the information it is very useful. Can I carry a pocket knife with a blade less than 4” in the glovebox of my car? 2. It is illegal to sell or exhibit for sale a switchblade knife in Virginia. You can carry anything in your trunk that is legal for you to own in the first place. Two knife-related pieces of legislation have been introduced in Virginia. As such, the current, controlling law in Virginia is that, to convict someone of carrying a knife concealed about one’s person, the Commonwealth must prove the following: 1) That it is one of the weapons described by the statute (“dirk, bowie knife, switchblade knife,…” etc.). You make no distinction between a fixed knife and a folding knife. The knife laws are obscure even when someone simplifies. Have a simple buck 110. Well to my surprised he pulls out the souvenir from a zipper on the inside of my purse and said don’t you know this is illegal? However, being ignorant of that law isn’t enough to bail someone out. The law only specifies concealed carry. Is a throwing knife considered of a like kind to a throwing star or oriental darts? So in definition what is a switchblade? I believe that qualifies as concealed carry. What are the rules for buying knives online? Meaning, the knife has no blade, no sharpness, can’t be used as a weapon in any manner? I find this to be a violation of ethics and evidence of judicial corruption. 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. I’m 15 by the way, just curious. 1. Yeah, VA Knife laws are very lax, considering that you can buy one at any age. Yo missed a very important part of the law. The law defines only one kind of knife that is the ballistic knife. To the fellow blade enthusiasts.. does anyone know the laws for the state of Virginia? In New York those are prohibited So and considered a gravity or switchblade? Although the state of Virginia has no limitation on the type of knife you can own, it is illegal to conceal carry dirks, Bowies, switchblades, machetes, ballistic knives and throwing stars. Justice needs to be served because I was misjudge and use as a example. but I don’t want to carry it on my belt all the time. What age do you have to be in order to conceal carry a balisong? Do a web search for the Virginia Code and look up sections 18.2-282.1, 18.2-308 and 18.2-308.1. If any person knowingly possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school-sponsored functions or e… Please reply – I am 16 turning 17 and I want a 3-inch pocket knife to carry. 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. § 18.2-311. Alabama has some of the best knife laws in the U.S., including a nifty switchblade law. Is having the pocket clip out and exposed open carry? What about age of conceal carrying and is it legal to conceal carry a Gambit? Hello, Seven years ago I moved to Virginia from my home state of Alabama. 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’. The kinds of knives that are illegal to conceal on your person are. The law changed in 2017, switchblades are fine; calm down everybody: https://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB1347, SB 1347 Switchblade knife; person may carry concealed, exception. The only law pertaining to arms you’ll ever need to memorize. Is it legal or not? VA's knife laws are vague in that they don't properly define switchblade. My closest professional sharpener is about 30 miles away in the Virginia Beach area and I live around Fort Eustis in Newport News. This article needs to be updated. KnifeUp.com is a production of 3hree 6ixteen Net Assets. i can’t quite understand the Hunter case, what were his soecific actions incriminated to him? West Virginia Knife Law Overview. (Legit orthopedic necessity. ) There are stipulations on how they are carried, but if carried legally, all are legal. One last opinion. Facts presented in evidence are the only considerations placed before the jury. West Virginia’s knife laws descriptive but not tricky. im 15 and i want to know can i carry my bowie knife. ", https://lis.virginia.gov/cgi-bin/legp604.exe?171+sum+SB1347, http://law.lis.virginia.gov/vacode/18.2-311/, http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-311/, It is legal to own a dirk, dagger, or other stabbing knife, It is illegal to conceal carry a bowie knife, It is illegal to conceal carry a switchblade knife, It is illegal to conceal carry a ballistic knife, It is illegal to conceal carry throwing stars or oriental darts, It is illegal to conceal carry any knife of a like kind to one of the above listed knives, Delcid v. Commonwealth, 526 S.E.2d 273 (2000), Clarke v. Commonwealth, 527 S.E.2d 484 (2000 Va. So whether you are a collector or a pocket knife lover, feel free to own, sell, give or receive any form of pocket knives as long as they’re not carried concealed or don’t constitute a flying blade. 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. 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. You cannot base a legal argument upon them, and until very recently it was malpractice to even mention them to a court. It is legal to own any type of knife in Virginia. Pam, you would need to be a little more specific with what you mean by “pocket knife”. Ashley, in Virginia it is okay to carry your Bowie knives open carry even if they are long enough to be considered short swords. ? So let me get this straight. . Most knives have a clip on the side to carry it inside your pocket. 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. 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. § 18.2-311. The law isn't going to use a term like "Ka-bar" because that's a brand name. 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. The one singular reason why I prefer the old VA concealed /weapon/ permits that I started getting in 1975 to the new (since 1995?) This is a class 4 misdemeanor. Does having a concealed carry permit allow a person to carry a switchblade in VA? 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. App. Virginia is a state that has an unpopular history with concealed knives. I’ve known some people who got arrested on knife laws in Virginia. You can see it if your facing my back, but not necessarily from the front. Anyone know how this law views knives such as the Gerber Uppercut? Anyone have insight? I'm Pete and I'm just a small man in a small rural town who loves the outdoors as much as the other million internet users that cruise sites like Knifeup.com every day. Are they legal for concealed and open carry? If you have a switchblade knife on you, police can assume, until proven otherwise, that you are carrying it to sell it. 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. In this case, where there was no definitive evidence, only non-expert assertions based on hearsay, there was an obvious agreement between the judge, prosecutor, and public defender on the “testimony” that was presented. The State of Virginia doesn’t prohibit openly carrying knives. It’s bogus law and it needs to fixed, but as it is now, this page incorrectly states the law. I have been confused by what I have read about the legally limited length of a concealed fix-bladed knife. “Conceal” includes partially hidden by an untucked shirt, or within a backpack, or in a glovebox, of in a camouflaged scabbard or sheath. 0117-00-3, (2000 Va. 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. Prohibiting the selling or having in possession blackjacks, etc. Lv 7. Criminal Procedure § 19.2-386.29. Thanks for the question John, J. When something threatens my rights, KnifeUp is the first to inform me. What Are the Knife Laws in Virginia? 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. 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? Called the SIGNAL leatherman multi-tool. It is illegal to sell switchblades as far as I am aware, but not illegal to own them. In one case, the jury asked a very “specific” question of the judge. As a matter of fact above states all knives are legal. The next step is judging whether this bladed item is “of the like”. § 18.2-311. would this be legal? If someone went out on lawful hunting and it happens that the weather was unstable and unpleasant that the person had to hide his knives, in this case, the person is not guilty. So, if the status of the knife is not clearly mentioned in the law, what happens? Good luck. If you don’t like legal speak, here are the basics of what knives are legal under Alabama knife laws. You can carry a giant Bowie knife if you wanted to so long as it's open carried. Note: We may earn commissions from the links within this post. Most laws about non-firearm weapons are by state, with very few existing at the Federal level. 44. Virginia State Knife Laws. Aren’t rifles required to be keot in a safe lockbox? The judge not only directs traffic, but forces his personal decision of guilt, or innocence, into the trial. This is in addition to other logical reasons such as being a member of law and enforcement. Cool, that means that I(13), can open carry my Skyridge(Gerber switchblade)! That encompasses swords as well. It makes being a lawyer difficult at best. 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. There’s some missing information in this article. TL;DR: normal folding pocket knives of any size are legal to conceal carry in Virginia. It has a 2″ fixed blade but has a handle perpendicular to the blade. 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. 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. I’ve always heard that switchblades and the sort have always been illegal because of the ease of concealing but larger knives I’ve never heard anything about other than shipboard policies when I was in the Navy which was basically boatswainmates and storekeepers could have knives that were no longer than three inches and not locking but everyone else didn’t need one (including multi-tools), but this policy varied from ship to ship to where everyone who wanted a to carry a knife could but had to follow the length and locking feature mentioned earlier. A previous court verdict, that took place in 2007, has ruled that a Tanto knife is similar to the Bowie knife and therefore, prohibited. MYTH: Switchblades / OTF Knives and Balisongs (butterfly knives) are illegal everywhere without exception Not true. I watched it progress quickly and steadily towards that verdict. To make a long story short I now have a Concealed weapon charge which has prevented me from working in a hospital, bank, retails and every other decent job that my town had to offer. okay…..so which knife IS legal to just throw in my backpack and conceal and carry? The exception also includes people who are taking their knives for repair, given that the weapon is secured and properly wrapped. Prohibiting the selling or having in possession blackjacks, etc. However, the metal blade should not be more than 3-inches long. Generally you should read the following statutes. ", "KnifeUp's series of knife reviews was really helpful. After analysis, the court conclude that to be “of like kind”, a weapon must possess ALL the characteristics of the prohibited weapon. I think this law is completely unfair in some cases. 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 would not carry the knife you have described above for the purpose of no real reason to carry it other than playing with it. What is the longest blade length you can conceal carry and at what age can you open carry or conceal carry a knife? Other than that, it also prevents new knife laws from being enacted upon. 0 0. silky1. I have a concealed Gun Permit and I want to carry my knife across the lower of my back. i just want protection from loose pittbulls, they are crazy around this state and i dont want to waste time learning to use a gun when alls i want to do is walk my dogs and have something to defend them in case a rabid pittbull gets lose and goes after them. 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. Randy, that would be fine in Virginia as long as your shirt or jacket or backpack is not hanging down over the belt sheath. I’m not sure if a Karambit is like kind with with any of the knives listed above. . The judge very quickly told the jury that they did not need to know that information. . And I said no its been in that zipper since I left Myrtle Beach. 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. I would like to know so i stay legal. Of course, that would all be decided upon later in the courts where you would get to make the case that a Buck 110 folding knife is not a dirk or what have you. I disagree with your statement on the page that it is legal to own any type of knife in Virginia. I mean come on, no wonder people hate police. Better check again. Oct 2, 2008. is it legal for a minor to open carry a knife in virginia ? Hate to ask, but I surmise that sword canes would be illegal also? Virginia law does not prohibit the open carry of any knife. 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. State laws are the most important knife laws, but they are certainly not the only knife laws. a military base), or live in Washington DC. 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. 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. @knifeup you may want to review section 18.2-311 of the Code of Virginia. You need to update this page. This is a class 4 misdemeanor. 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. Virginia law does not prohibit the open carry of any knife. In my opinion, the judge’s response was that of a man that had already decided the verdict; and, he was prepared to do everything to make his decision the only decision. 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. 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. Ownership Laws. ", "I'm relieved that there is someone out there protecting me and my rights. The info above cites a case that ruled a butterfly knife to be a dirk. I had forgotten even purchasing it that summer. MYTH: Switchblades / OTF Knives and Balisongs (butterfly knives) are illegal everywhere without exception Not true. 18.2-311 makes switchblade, dirk, etc. Also, people who are members of a training course and they had to transport the weapon around different training locations. If it’s in your backpack it probably isn’t “easily and readily accessible” but it is technically concealed and one could argue you could access it pretty quickly so I would think it falls within a grey area. 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. So any possession of a switchblade knife in Virginia remains illegal. In general, if it is a normal folding pocket knife (single edge blade–not a switchblade) then the answer to your question is yes. Switchblades, gravity knives, … Yes, I am even allowed to carry a 3″ pocket knife to school. Relative to minors, the question to the minor would be, how’d you get that knife, i.e., what adult provided it to you; which would put said adult into legal trouble, as the law reads at the moment: § 18.2-309. All weapons, except for a pocket knife less than three inches, are illegal in schools. . The second judge’s courtroom was certainly no better. Agendas are for “kangaroo courts”. 14, 15; 1985, c. 394; 1988, c. 359; 2013, c. 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. ok so does this mean I can conceal carry a hunting knife with a 6 inch fixed blade? Otherwise, the person will be guilty of a Class 1 Misdemeanor. A Concealed Carry Permit applies only to firearms. This means that the crime committed will be punishable with a fine and doesn’t include going to jail. However, there are certain types of knives that should not be carried concealed. You can be arrested and charged because the carrying of the switchblade is prima facie evidence of intent to sell. 0 0. silky1. Sometimes 2. Virginia laws are very gray. VA law states and as noted above switchblades are legal. It is illegal to carry all the mentioned knives but it is also illegal for authorities to search you without a warrant. No trunk to lock them in. USE the pocket clip in your front pocket. Many laws apply to place where it is not permitted. I’m no legal scholar and don’t pretend to be one here or anywhere else but I would appreciate any useful advice on how I should do this. It seems as though as long as the knife is not concealed the length is not an issue. Source(s): https://shrink.im/a9izc. . 1 decade ago. 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. Some state legislatures have pre-empted weapons law (i.e. Not trying to repeat a question. 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. To hide this fact, the jury is included only because the jury is responsible for deciding on the evidence. © 2018-2020 Survival Tech Shop. In addition to the concealed carry rules, it’s a crime to brandish a bladed weapon with a visible blade that is 12 inches long, with the purpose of intimidating someone. They also helped me save $30! When a thing is “legal” then it should be LEGAL. . It’s illegal to carry it at all, openly or concealed. A 10 year old could carry a balisong concealed. Generally you can carry a weapon in places where it is legal to possess them. What you basically have is a single-edged fixed blade knife, or but the law would probably classify it as a "bowie knife" due to it's blade shape and style. The public defender retained her reputation even as her defense of her client would embarrass most lawyers. That means it's punishable by up to 12 months in jail and a $2,500 fine. I’ve recently bought some knives, mostly the Ka-Bar/Bowie variety, and would like to have them sharpened professionally and this involves transportation. Are any cane swords/knives legal in any form/type of concealment? You should consult a good attorney in Virginia and ask them what pocketknife you can legally carry. but it seems my state made it to where that decision would be hard to protect me and my dogs. concealed /handgun/ permits. Can I open carry a Rambo sheath knife openly from my belt? thanks. VA's knife laws are vague in that they don't properly define switchblade. Someone correct me if I’m wrong, but I believe that is how it is. Will I get in any legal trouble if I do this. SB 865 allows the transfer of dirks, switchblade and bowie knives from family members to a minor. I’ve found that Virginia statutes place “intent” and “cause” largely in the hands of the judge. http://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-311/. The bold section is like guilty until proven innocent. Ownership Laws. It is legal to openly carry any legal knife in Virginia. 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. If you're convicted of carrying a concealed weapon in Virginia, a first offense is a class 1 misdemeanor. So as I read this, it is illegal to sell, or intend to sell a switchblade knife. It passed the Senate last week on a vote of 23-16 with one abstention. 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. Really, my advice, move to a better state, there are 49 of them. We’re talking like a buck124, Fallkniven Bowie like knife , and Fallkniven A2. so if put it in my backpack is it therefore considered concealed carry. Knife possession laws, as well as the knife carry laws, especially in a concealed manner are strict here.. Virginia Knife Laws. Virginia Knife Laws, How Restrictive Are They? Whereas, the restrictions are more concerned with what you can and can’t conceal when carrying. At first, it must be decided whether this bladed item in question is considered a weapon or not. 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). any dirk, bowie knife, switchblade knife, ballistic knife, machete…”. 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. 2) That it is a weapon “of like kind” to one of the enumerated weapons. I have a conceal carry permit to carry a firearm but I cannot conceal a fixed blade or switchblade knife? Are all Bowie folding knives legal? 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. 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? 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. Oct 2, 2008 #2. dsvirsky. The Senate approved the bill last week, 21-19. 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. What Are the Knife Laws in Virginia? (1) The wording of the law might lead one to believe that it's OK to carry concealed as long as it's not a "dirk, bowie knife, switchblade knife," etc. Correct about the permit though. App. It would not matter if the blade was 7 inches long–it would still be legal to carry in the car or in your pocket or purse. O’course, the newer versions are better in every other way. App. Finally, what is prohibited by 18.2-311 is possession with the intent to sell or distribute. The State of Virginia doesn’t prohibit openly carrying knives. Quick Legal Facts ... and a bowie knife. Have asertained that it is legal to open carry any type of knife in Virginia as it is with guns. Hey Knife Up gang! And here’s why… While it’s legal to OWN a switchblade in VA, it’s illegal to SELL one, and the law makes carrying a switchblade prima facie evidence (basically meaning it is considered automatic proof) of intent to sell… http://law.lis.virginia.gov/vacode/18.2-311/, Do not carry a Microtech auto knife in VA, concealed or open… The cops WILL take it, and arguing about the law will not help you, hello kenny you can use this knife as a carry knife as it comes with and excellent design on the other hand it can also be alternatively used as a concealed blade due to its efficiency, So I wanna be able to carry a switchblade and I wanna know if the knife itself has to be on the outside of my pocket ?! In such cases, the decision of whether the object is illegal or not will be decided by the jury or the judge. yes there is no restrictions on balisongs in Virginia. The code doesn’t mention pocketknives. Summary of 2013 Alaska Knife Law Changes. So, let’s dive in. Page 1 of 2 1 2 Next > Jan 27, 2015 #1. palerider777. The knife laws in Virginia are relatively less restrictive compared to other states. It is considered open carried at that point, that’s what my local sheriff’s office says. 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. 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. It is a crime to “brandish a machete or other bladed weapon with an … § 18.2-311. (Code 1950, § 18.1-271; 1960, c. 358; 1975, cc. Is it considered concealed if you carry a automatic knife (switchblade) in a case on your belt ? The concealed carry laws ban certain knives from being concealed when carried around. As long as it has a pocket clip and the clip is exposed you should be good. Historically, many duels that ended in disasters have taken place using Bowie knives and others. It does not that mere possession shal be “prima facie evidence” of that intent, but that is not sufficient to convict (and frankly, makes a great argument for this statute being unconstitutional on its face). The bill passed both houses, but the Governor vetoed it. I know this is a year old so this guy doesn’t care anymore, but somebody might. 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. The knife laws in Virginia are relatively less restrictive compared to other states. An agenda has no place in the courtroom. If your clothing or bag or purse is covering the sheath on your belt obstructing it from being viewed . ), Pruitt v. Commonwealth, 650 S.E.2d 684 (2007), Johnson v. Commonwealth, 2010 Va. App. I found a great knife that did exactly what I wanted to do thanks to them. The effective date of HB33 is September 18, 2013.. Just curious. Put a shuriken with inch long blades in your pocket and you may as well be a hardened criminal. This bill is identical to HB 1432. However, it is illegal to conceal bowie knives, dirks, machete, ballistic knife, switchblade knife, oriental dart, throwing star, or any other similar weapon. I never thought this would be an issue until I started seeing questions about various states’ legalities about knives on Amazon. I personally wouldn’t open carry a fixed blade in Virginia, it can be too easy for police to very liberally interpret it as “concealed.” Brass knuckles I wouldn’t mess with either. 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. Switchblade is nebulous. I’m pretty sure if it has a clip you only need that to show as its part of the knife. https://web.archive.org/web/20191207221717/https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-311/. Made in Germany. Appellate Court in Virginia and Virginia Court of Appeals appear to be the same thing(?). The simple fact that an object (knife or otherwise) can be used as a weapon is insufficient. In Virginia, carrying any weapon in your trunk doesn’t fall under the concealed concern, because it’s not readily accessible for use. The Courts have interpreted the phrase “hidden from common observation” in several cases. With pitbulls running rampant, is it legal to carry a samurai sword on your back to protect against a pitbull attack? The knife is definitely more concealed and than “open”, so I’d say carrying a knife inside your pocket with only the clip being visible, would be “concealed carry” – especially since there is usually a shirt, jacket or some other item of clothing that further covers the pocket with the clip to make the entire situation squarely “concealed”. Virginia Code Section 18.2-311 describes certain weapons, including some knives, which are illegal to possess in Virginia. Yes, depending on the kind of knife. 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”. 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. 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.”. The automatic otf microtech is legal to carry as long as the pocket clip is exposed at all times. That is a automatic so that will be illegal. However, it is illegal to conceal bowie knives, dirks, machete, ballistic knife, switchblade knife, oriental dart, throwing star, or any other similar weapon. At the moment, it’s outrageous that it appears that having a switchblade knife in one’s possession is prima facie of the intent to sell the knife, and selling the knife is illegal. Virginia Code Title 19.2. ownership illegal. 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. 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. LEXIS 475 (Dec. 14, 2010), Main v. Commonwealth, 457 S.E.2d 400 (1995).