4" Folder in W.V.

[angressani]

Quick question, am I legally able to openly carry up to a 4" in folder in W.V., If so is a pocket clip defined as open carry there?
Thanks

 

[glistam]

Technically no it is not legal, unless it is carried openly or within several other exceptions. The law states:

A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or other recreational uses or a knife designed for use as a tool or household implement shall not be included within the term "knife" as defined herein unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.

The law defines concealed carry as:

"Concealed" means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried.

As a general rule, ordinary people who are not knife enthusiasts do not know what a pocket clip is nor recognize that it means you are carrying a knife, so I would wager that pocket clip carry still counts as concealed. Police however, usually can pick them out immediately, and the problem is the court will still consider this concealed because police have "special training" to spot weapons.

Be advised, if you are under 18, you cannot carry an over 3.5" knife at all, openly or concealed, except on your own land.(§61-7-8)

Here is my source for my above statement, the official site of the WV government where all state laws are published, free and publically accessible:
http://www.legis.state.wv.us/wvcode/ChapterEntire.cfm?chap=61&art=7

 

[angressani]

Thankyou.