The bill removes switchblade knives from the list of weapons the selling, bartering, giving, or furnishing of which is a Class 4 misdemeanor. In 2010, in Hunter v. Commonwealth, the Appellate Court in Virginia found that a gun locked in the glove compartment of a vehicle in which Mr. Hunter was a passenger, was not concealed about his person because he did not possess a key to the glove compartment. This is one aspect of knife law that this site is lacking the additional restrictions related to age that Virginia has. The conceal carry code uses the about his person when referring to the covered carrying of knives. The Virginia law only defines a ballistic knife as per which it is a knife with a removable blade that is propelled by a spring-operated mechanism. Additionally, if you are convicted of brandishing a knife with the intent to intimidate another person or cause them harm, you could be charged with assault and battery which carries harsher penalties including up to 10 years in prison and fines up to $2,500. 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, 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, And heres why While its legal to OWN a switchblade in VA, its 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/. 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. When did the switchblade become legal to own or openly carry in Virginia ? Please reply I am 16 turning 17 and I want a 3-inch pocket knife to carry. What about a 1918 Trench Knife? Specifically, folding blades must be 3 inches or less while fixed blades must be 5 inches or less from tip to handle end when measured along the longest part of the blade's edge. Can I open carry a Rambo sheath knife openly from my belt? Virginias legal system is badly broken. It is considered open carried at that point, thats what my local sheriffs office says. Called the SIGNAL leatherman multi-tool. 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. There is some exception in this law that allows individuals to carry a knife: In sections 18.2-308, a few terminologies might confuse you. Keeping Knives in American Lives Since 1998, It is unlawful to conceal carry a dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, throwing star, oriental dart, or any weapon of like kind.. Are any cane swords/knives legal in any form/type of concealment? Carrying weapon into courthouse. 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. J. These knives are illegal 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. Finally, what is prohibited by 18.2-311 is possession with the intent to sell or distribute. This is because the term curtilage, as it is used in the legal context, is historically understood to refer to an extension of the home that is so intertwined with the home that the law must provide it the same protection as the home itself. The concealed carrying act uses the clause of a like kind to declare it unlawful to the covert carrying of any blade that is similar to one of the knives named in the statute. @knifeup you may want to review section 18.2-311 of the Code of Virginia. has to stay visible the entire time youre out though. razor, or (v) any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor. Moreover, the Virginia knife law also forbids any type of knife on school premises except for the foldable knife less than 3-inches. Knives of any length are legal. What about age of conceal carrying and is it legal to conceal carry a Gambit? The Courts have interpreted the phrase hidden from common observation in several cases. Pillion told his colleagues Virginia was one of just six states to still ban the knives. Firstly, unpublished opinions are meaningless. BladeScout.com is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and Amazon.co.uk. You make no distinction between a fixed knife and a folding knife. 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. I guess you would call it a punch-style knife, for lack of a better term. Most states ban knives outrightly in schools and educational institutes. concealed /handgun/ permits. Here you will find an overview of relevant regulations as well as details about any possible penalties for violations. Am I right, he hiked a taxi, and because the driver had a gun the passenger could get locked? Thanks for the information it is very useful. Does that count as out the side, like a tradional switchblade, or stiletto (out the front) and any knife with a switch (button) open. Just carry something legal that would do the job and make you feel more secure like pepper spray, but dont really trust anything. Virginia code 18.2-308: its illegal to conceal carry a dirk. Yes. Id say that INTENT has a lot to do with whether you get in trouble or not. Carrying Concealed Weapons The Court stated: Though McMillan testified that he carried the knife for protection, this statement does not change the physical characteristics of the knife he possessed or its method of operation such that it becomes a weapon. You can be arrested and charged because the carrying of the switchblade is prima facie evidence of intent to sell. The law does not state balisongs/ butterfly knives as being illegal to carry concealed. (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete . Carriers of U.S. Mail on duty are exempt from the restrictions of 18.2-308. A resident of Virginia State can own any knife. Its illegal to carry a knife whose blade exceed 3 in schools. The prosecution argued unsuccessfully that the knife was either a spring knife or a ballistic knife. The Courts decision suggests that since it was not a functioning switchblade or ballistic knife, the appearance was not deceptive. Forfeiture of weapons that are concealed, possessed, transported, or carried in violation of law. Most knives are legal to own in Virginia, but you cannot legally carry any of them concealed. However, if you are a vehicle passenger, you will not be charged for concealed carrying a knife. Knife Rights' Virginia Switchblade Ban Repeal Bill Signed! Introduced by: Bryce E. Reeves (by request) | all patrons notes | add to my profiles. Under this preemption law, local governments cannot pass ordinances that restrict carrying knives on public property unless those restrictions are already provided for under state law. It also prevents confusion among citizens who may not know which laws apply in their area since they would only need to abide by one set of rules throughout Virginia. In general, if it is a normal folding pocket knife (single edge bladenot a switchblade) then the answer to your question is yes. You should consult a good attorney in Virginia and ask them what pocketknife you can legally carry. 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 seats pocket compartment from directly above. The knife was inoperable as a switchblade, and the blade was fixed in the open position. In this article, we will discuss the Virginia knife laws in plain English so you can better understand them, so lets get to it: Below is the list of knives that are legal to posses in Virginia. 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 believe that qualifies as concealed carry. Someone correct me if Im wrong, but I believe that is how it is. If you have a switchblade knife on you, police can assume, until proven otherwise, that you are carrying it to sell it. Section 61 Article 7 covers the lion's share of the laws regarding Dangerous Weapons. Virginia Knife Law 101: Everything You Need to Know However, they do allow a pocket knife having less than a 3-inches blade on the school premises. Furnishing certain weapons to minors; penalty. VA law states and as noted above switchblades are legal. Any legal knife can be carried openly except in schools and its grounds. Open carry of any knife is legal. Youll also learn more about local preemption laws related to knives and potential defenses against charges involving them. Using this site does not create a client/lawyer relationship. The following resources provide further information on Virginia knife laws: It is illegal to carry any knife with a blade longer than 3 inches in public places such as schools, courthouses, and government buildings. Updated: Mar 30, 2022 / 02:38 PM EDT. According to Virginia law, concealed means hidden from public view. The interesting thinga police officer can arrest you for attempting to sell or barter a switchblade knife simply because you posses it. Virginia laws are very gray. The Virginia State Legislature website is a great resource for information on knife laws in the state. Never underestimate scummy police and statewide corruption in Virginia. His conviction for carrying a concealed weapon was thus overturned. I mean come on, no wonder people hate police. Knowing what is legal and illegal when it comes to knives can be confusing, so we have created this guide to help you understand the specifics of Virginia knife law. Then i wonder, if any trial interpreted the carry term. But what does this phrase imply? I hear you. (Yes, Obviously). It makes being a lawyer difficult at best. About that, in 2000, the Supreme Court of Virginia, in. Laws should not be baffling to citizens because we have to follow them without the burden of having an attorney explain it to us. I appreciate the comments posted by John Bradley, ESQ, but dont 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 isnt a civilian version of the Article 134 catch-all article that covers this that I know of. Conceal carry restrictions apply to dirks, switchblade knives, and bowie knives., 18.2-282.1. Code of Virginia Code - Article 6.1. Concealed Weapons and Concealed In the absence of a statutory definition, the Virginia Supreme Court adopted a dictionary definition for such an item in the case of Thompson v Commonwealth, 673 S.E.2d 467 (2009): Aswitchbladeknife is a pocketknife having the blade spring-operated so that pressure on a release catch causes it to fly open.. There are no illegal pocketknives here. It is just a shame all of this happened and has ruined your life. 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? Understanding and being aware of the legal defenses to knife violations can be critical in avoiding criminal charges, so it is important to review all available resources. 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. The knife contains the inscription "MCR-11 Handmade" on one side, and "Taylor/Seto Surgical Japan" on the other. How long of a knife can you carry in Virginia? It has a 2 fixed blade but has a handle perpendicular to the blade. 18.2-287.01. Ive recently bought some knives, mostly the Ka-Bar/Bowie variety, and would like to have them sharpened professionally and this involves transportation. Possession of firearm, stun weapon, or other weapon on school property prohibited; penalty, includes an additional restriction for any knife except a pocketknife have a folding metal blade of less than three inches in length.