Do you all think a Bark River PSK fixed blade knife would be safe to carry in the front pocket concealed in Virginia? The blade is 2.3 inches long and the entire knife length is 5 inches.
The knife is a pocket knife and is not a weapon nor is it "substantially similar" to knives listed in the Code of Virginia. Here's some info from akti.org:
If any person carries about his person, hidden from common observation, . . . (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete . . . razor, or (v) any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor.
The Supreme Court in Thompson v. Commonwealth observed that the lower court had correctly concluded that a butterfly knife was not one of the enumerated types prohibited by 18.2-308. It also agreed that the butterfly knife was a weapon. It reversed the conviction because the butterfly knife was not “substantially similar” to a dirk or any other specifically restricted type.
The “weapon of like kind” catchall is limited to instances where the instrument in question is:
So what are your opinions? I plan to ask a criminal lawyer his opinion, but have not yet.
The knife is a pocket knife and is not a weapon nor is it "substantially similar" to knives listed in the Code of Virginia. Here's some info from akti.org:
If any person carries about his person, hidden from common observation, . . . (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete . . . razor, or (v) any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor.
The Supreme Court in Thompson v. Commonwealth observed that the lower court had correctly concluded that a butterfly knife was not one of the enumerated types prohibited by 18.2-308. It also agreed that the butterfly knife was a weapon. It reversed the conviction because the butterfly knife was not “substantially similar” to a dirk or any other specifically restricted type.
The “weapon of like kind” catchall is limited to instances where the instrument in question is:
So what are your opinions? I plan to ask a criminal lawyer his opinion, but have not yet.