Balisong laws for virgina carry

[Piper Maru]

I am really confused on a few points regarding if balisongs are legal to carry in VA. I have read the entire court case and this leads to my first irrelevant question. If the police ask "do you have any weapons on you, particularly when being pulled over in your car" can you respond with " why are you asking me if I have any weapons". Not saying I would respond that way but for legal reasons curious.

And this is a really out their question, but what exactly does concealed mean. Is concealed in your pocket, and what does it mean non concealed, ie open.

And just like in NC, VA does not really mention butterfly knives or balisongs, so are they legal to carry I know they are legal to own in both states. Just the carry part and if they are legal to carry is it like cali where they have to be a certain length.

Hopefully someone can clear this up.

 

[glistam]

Let's handle these one at a time. I'm from MD but I live right next to the VA border, and i have read the statute and case law you are talking about.

If the police ask "do you have any weapons on you," particularly when being pulled over in your car, can you respond with " why are you asking me if I have any weapons".

You can respond like that. But there would not be much purpose in it, because the officer will say "Because I need to know for my safety if you having anything that could harm me. It's standard procedure. Now answer my question." There is no evading the question, because it is a reasonable request. However, a popular diplomatic answer is to say "No officer, I don't have any weapons, but I do have a pocket knife." This shows the officer that you do not consider your knife a weapon, and therefore weakens any assertion that you carried with intent to use it as a weapon. Intent is important and it is exactly what the Thompson balisong case hinged on. NEVER say any knife is for self-defense. That shows intent as a weapon, even if that intent is lawful, and thus could make the carry illegal.

And this is a really out their question, but what exactly does concealed mean. Is concealed in your pocket, and what does it mean non concealed, ie open.

It is very simple. If I am talking to you on the street, and I can both see the knife and recognize that it is a knife and not a pen, screwdriver, pliers etc. then it is openly carried. If I cannot see it or cannot tell what it is no matter which side of you I can see, then it is concealed. Use of a pocket clip as the only exposed part is a grey area, because many people do not know that the pocket clip means it is a knife, but a cop usually recognizes it. The cop could argue that it is concealed because he only saw it due to his special training/experience to be on the lookout for weapons.

Just the carry part and if they are legal to carry is it like cali where they have to be a certain length.

There is no length limit. As indicated in the Thompson case, a balisong is only a weapon if it is carried with intent to use it as a weapon. This is because the balisong is not named in the statute, but rather falls under the inclusive "weapon of like kind." Any thing lumped in under this category is only illegal of carried with intent as a weapon. Thompson got off because he told the officer it was for work, supported by the fact that it was carried next to a pair of pliers and he proved he was employed as a mechanic.

 

[dsvirsky]

If I may disagree -- Thompson did not get off because he told the officer it was for work, etc.. In point of fact, the Court specifically noted, "the evidence is sufficient to prove that Thompson's butterfly knife is a 'weapon'[.]" The case was dismissed because a balisong isn't a prohibited weapon, because it is not "'of like kind' to a dirk or any other weapon enumerated in Code § 18.2-308(A)."

 

[Rich S]

I worked as a professor at a VA college for over 30 years. Much of that time I carried a 4 inch bladed balisong in a belt pouch and no one every raised an eyebrow and I had several LEOs in my classes.

Rich

 

[Piper Maru]

I would not try to evade a question, but I had wondered about that. It is interesting stuff.