Does anyone know if balisongs/butterfly knives are illegal in VA?

hwpaintballer

hwpaintballer

Joined
Jun 12, 2008
Messages
4,542
I thought I saw somewhere that they illegal, so I decided check my state laws and this is what I got,

§ 18.2-311. Prohibiting the selling or having in possession blackjacks, etc.

If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife, or like weapons, such person shall be guilty of a Class 4 misdemeanor. 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.

(Code 1950, § 18.1-271; 1960, c. 358; 1975, cc. 14, 15; 1985, c. 394; 1988, c. 359.)


Looking at that it appears they are legal, does anyone have any information saying otherwise?
 
They are not illegal per se (which means, it doesn't name them explicitly by law) but there is case law where they were ruled to be a "weapon of like kind" to a dirk, which are illegal. Note that this ruling was with regards to the carry law, not your quoted statute with regards to switchblades, which are illegal to own. They are considered separate in Virginia law.

Other things of note in this case were that the defendant was a convicted felon, was being drunk and disorderly at a 7-11, and when asked if he had a weapon by police, stupidly replied "yes" and indicated his balisong (which signals intent as a weapon on his part). Let that be a lesson to readers. Never call your knife a weapon.

Based on this, you can own, but not carry concealed, similar to regulations regarding fixed blades. Though if you are not committing a crime or otherwise being a bonehead, you may have a legal leg to stand on if there is no intent present.

Here is the case:
Delcid v. Commonwealth, 2000
http://www.courts.state.va.us/opinions/opncavwp/1994984.pdf
 
Last edited:
You must log in or register to reply here.
Back
Top