Only those listed in 18.2-308. Functionally, that means that it must be a dirk, bowie knife or switchblade, even if it is named something different. Oct 2, 2008 #2. dsvirsky. 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’. However, being ignorant of that law isn’t enough to bail someone out. West Virginia’s knife laws descriptive but not tricky. Anyone have a clue which category is Virginia is in??? 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. Law enforcement, under this judge/jury concept, has no responsibility to prove cause or provide definitive evidence. 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. I live in Northern Virginia and I am outdoors a lot. Lots of grey areas in our laws. If your not 100% sure it’s always best to ask local police that way there’s no miss understandings, plus they can explain in better detail. 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. To make this problem much worse, knife laws regulating possession do not require intent of a criminal action to be illegal. what if its a balisong trainer and its in a case on the side of my belt. 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. The knife laws in Virginia are relatively less restrictive compared to other states. im 15 and i want to know can i carry my bowie knife. The law states less than 3 inches but does that include 3 inch pocket knives? So, if I carried a pocket knife in my pocket with the clip showing it’s obvious it’s a knife, therefore it is open carried because it’s visible. Probably not . 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. Would it be legal to carry a sword straped to your back? Laws should not be baffling to citizens because we have to follow them without the burden of having an attorney explain it to us. (yes, that includes all knives of EVERY KIND and EVERY LENGTH). Historically, many duels that ended in disasters have taken place using Bowie knives and others. It is very sad to read the court cases and realize we are at the mercy of a defacto court system with ignorant and or simply criminal judges and prosecutors, defense attorneys and all others ‘members of the bar’. The purpose of this disguise is to conceal the weapon’s real nature. The info above cites a case that ruled a butterfly knife to be a dirk. Virginia Code Section 18.2-311 describes certain weapons, including some knives, which are illegal to possess in Virginia. When a thing is “legal” then it should be LEGAL. 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. Many laws apply to place where it is not permitted. 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 there is no restrictions on balisongs in Virginia. I don’t have a gun at this time and i was wondering. Virginia Knife Laws. Does that count as out the side, like a tradional switchblade, or stiletto (out the front) and any knife with a switch (button) open. Ashley, in Virginia it is okay to carry your Bowie knives open carry even if they are long enough to be considered short swords. Appellate Court in Virginia and Virginia Court of Appeals appear to be the same thing(?). What are the rules for buying knives online? i can’t quite understand the Hunter case, what were his soecific actions incriminated to him? 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. 2202-97-2 (Ct. of Appeals July 13, 1999). J. West Virginia Knife Law Overview. Therefore, this matter was at the center of many debates, since the knives are not defined by statute. 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”. Am I right, he hiked a taxi, and because the driver had a gun the passenger could get locked? To start off, there is an apparent general ban on owning, buying or selling of … 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. As a matter of fact above states all knives are legal. My closest professional sharpener is about 30 miles away in the Virginia Beach area and I live around Fort Eustis in Newport News. Not exactly small, worn on hip everyday carries. Note that it is common for judges in Virginia to be invested in the commercial prisons used in the State. However, there are the normal exceptions such as schools. § 18.2-311. Virginia is a state that has an unpopular history with concealed knives. Let that be at least a partial guide. then you are “concealing” a switchblade which will get you into illegal carry trouble. apparently)! 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. We’re talking like a buck124, Fallkniven Bowie like knife , and Fallkniven A2. It is illegal to conceal any knife regardless of having a concealed carry permit. This article summarizes the law in easy to understand language so anyone can tell what is legal and what is not. If you don’t like legal speak, here are the basics of what knives are legal under Alabama knife laws. 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. Last thing, this article seems to miss an important concept, to gather together from many fragmented acts and trials: when a knife is a tool and when a knife is the weapon, where lies a legal watershed. (Code 1950, § 18.1-271; 1960, c. 358; 1975, cc. Cause some knifes have a spring assistance when open with the thumb stud? could i carry a scimitar in a sheath on my belt in public? I haven't found such clear law advice anywhere else. 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. Here are some of these exceptions. It is a crime to “brandish a machete or other bladed weapon with an … It is a BO02BA351H: Boker Arbolito Hunter, Blade Length: 4-3/4″ Overall Length: 9-5/8″ Blade Material: N695 Stainless Steel Handle Material: Stag Sheath: High-Grade Brown Leather Weight: 7.8 oz. Virginia’s legal system is badly broken. 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. ok so does this mean I can conceal carry a hunting knife with a 6 inch fixed blade? 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. 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. okay… which knife IS legal to just throw in my backpack and conceal and carry? This leaves room for subjectivity. is it legal to have a multi-tool in my pocket that has 2.73 inch blade? I mean come on, no wonder people hate police. Prohibiting the selling or having in possession blackjacks, etc. 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? 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. A. Most knives have a clip on the side to carry it inside your pocket. It is illegal to sell switchblades as far as I am aware, but not illegal to own them. At first, it must be decided whether this bladed item in question is considered a weapon or not. 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”. What about a 1918 Trench Knife? Anyone have insight? Even then, the police could say your pocketknife resembles a dirk or bowie knife when opened. It seems as though as long as the knife is not concealed the length is not an issue. The bold section is like guilty until proven innocent. Is having the pocket clip out and exposed open carry? 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. Hunter v. Commonwealth, 690 S.E.2d 792 (2010 Va. 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. I'm really happy I found KnifeUp. Woo Hoo! So long as it can be observed and seen? Sometimes 2. What are the laws concerning knives; specifically, the carrying of a non-concealed knife, and are there knife designs, blade sizes, etc., that are prohibited? 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. I’ve found that Virginia statutes place “intent” and “cause” largely in the hands of the judge. While “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.” there should be a history of some precedents…. § 18.2-311. Anyone know how this law views knives such as the Gerber Uppercut? However, in 2010, in an unpublished opinion in Johnson v. Commonwealth, in upholding Mr. Johnson’s conviction, the Virginia Court of Appeals found that a weapon inside the vehicle in which Mr. Johnson was riding was concealed about his person, even though he was standing outside of the car when the weapon was discovered. The law does not state balisongs/ butterfly knives as being illegal to carry concealed. 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. SB 865 allows the transfer of dirks, switchblade and bowie knives from family members to a minor. I wish I had read this before leaving any comment. 746.). any dirk, bowie knife, switchblade knife, ballistic knife, machete…”. Pam, you would need to be a little more specific with what you mean by “pocket knife”. I have been confused by what I have read about the legally limited length of a concealed fix-bladed knife. Virginia Knife Laws, How Restrictive Are They? What about age of conceal carrying and is it legal to conceal carry a Gambit? 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. The effective date of HB33 is September 18, 2013.. That is a automatic so that will be illegal. Virginia code 18.2-308: it’s illegal to conceal carry a dirk. That is not justice. Other than that, it also prevents new knife laws from being enacted upon. I use a cane. Lv 7. Switchblade is nebulous. Other than that, it also prevents new knife laws from being enacted upon. Does having a concealed carry permit allow a person to carry a switchblade in VA? What about Kerambit Knives? has to stay visible the entire time you’re out though. 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. 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. March 25, 2018 March 24, 2018 by asris. The public defender retained her reputation even as her defense of her client would embarrass most lawyers. You should consult a good attorney in Virginia and ask them what pocketknife you can legally carry. The code that prohibits the conceal carry of certain weapons says in part, “If any person carries about his person, hidden from common observation…. You’re better off alive than dead in case you need protection. im am 13 years old and i was wondering if it is legal for me to conceal carry an acisted opening knife. Ownership Laws. I had no idea. This is taken from the official Virginia Code of Law; you can read it for yourself. The Senate approved the bill last week, 21-19. The concealed carry laws ban certain knives from being concealed when carried around. I find this to be a violation of ethics and evidence of judicial corruption. It is illegal to sell or exhibit for sale a switchblade knife in Virginia. Historically, many duels that ended in disasters have taken place using Bowie knives and others. Aren’t rifles required to be keot in a safe lockbox? 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. Are all Bowie folding knives 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. Although the use of pocket knives is universal and versatile safety and precaution are far better to consider that the … The judge not only directs traffic, but forces his personal decision of guilt, or innocence, into the trial. 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. An agenda has no place in the courtroom. planning on carrying a fixed blade cleaver in a kydex sheath tracker style. © 2018-2020 Survival Tech Shop. The state restrictions deal with what you can and cannot conceal carry when moving about Virginia… Re: Automatic Knife. The having in one’s possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same. Source(s): You can’t have clothing covering it. Thompson v. Commonwealth, 673 S.E.2d 469 (2009). cheers, Pete. The exception also includes people who are taking their knives for repair, given that the weapon is secured and properly wrapped. Knife laws can be divided into these two categories: ownership laws and carry laws. We’ll see what happens in VA! Wonder if they would find the detachable Shuriken belt buckle (like in 80’s-era Ninja movies) to be considered “open-carry”? 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. 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