does anyone understand Virginia knife law?

[cognitivefun]

18.2-308

If any person carries about his person, hidden from common observation...(ii) any dirk, bowie knife, switchblade knife, ballistic knife, razor, ... he shall be guilty of a Class 1 misdemeanor.

So that would seem to say that switchblades et al (not clear what else is encompassed here) are legal if they are not concealed.

Then there is this one, 18.2-311:

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...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.

So you can't possess WITH INTENT TO SELL these things? But can you POSSESS THEM without the intent on selling? I see that possession is prima facie evidence but according to my attorney wife, circumstances are critical. If you have 10 assisted opening knives, you may have a problem. If you have 1, you probably don't as the circumstances (quantity) doesn't show intent to sell.

So my read on Virginia state law is this: You can have an assisted opening knife or auto as long as you don't offer it for sale or intend on selling it. And you must carry it openly, not concealed.

There may be local ordinances of course that differ, I am just talking about State law.

What do you think?

 

[dsvirsky]

Just my opinion:

If you live in Northern VA or the Hampton/Tidewater area, carrying a switchblade is a bad idea. Prima facie evidence may be rebuttable in court, but it's more than enough to get you arrested.

On the other hand, here in SW Virginia, things are a bit more relaxed. Switchblades are openly sold at the various gun shows and the LEO's have better things to do than hassle you over the knife you're carrying -- unless, of course, you're foolish enough to give them a reason.

 

[cognitivefun]

What about assisted opening? To me it seems a fine point...a Camillus Heat seems "switchblade-like".

 

[flbache]

In the Commonwealth of VA, it is against the law to own anything but a manual opening knife or fixed blade. Anything that uses a spring to "assist" in opening is considered a switch blade. My father in law is a det. and I asked him since I wanted a MicroTech MTX2 DA, but got to setting for the manual instead. No big deal, what does it save me .00000001 seconds? But I live in Fredericksburg near Northern VA so....

Lee

 

[FullerH]

Lee, I don't know if your father-in-law is completely accurate, but I would avoid the assisted openers as I suspect that they are on their way to being classed as switchblades by most jurisdictions, various legal opinions to the contrary notwithstanding. Ouytside of that, I agree with dsvirsky about the advisability of carrying switchblades in the urban areas of the Commonwealth, but adding Richmond to his list of no-go areas. They have a 3" rule down there and are quite testy about it so I understand, so I should think that a switchblade would mean big trouble. Do, please, remember that local ordnances also govern what is legal or not.