Does this mean what I think it does?!

Z

ZipTieNinja

Joined
Mar 17, 2001
Messages
83
I found this in the code of Va.

§ 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.)



Does this mean I cant carry my Balisongs legally?
I thought this was a free country, what happened? Oh yea, I learned to read!

This is posted in the Knife laws section too, but I thought I'd give my fellow Balisong loving Virginians (SP?) a heads up.

This legall system sucks! I am sooo sick of the fact that unless you are first charged with breaking a law, you can't contest it. And then you have to have an obscene amount of money to have it heard by the public to get the notice it requires to get something done!
Someone please pass the "Legalize all knives" petition my way so I can sign!
 
i dont know ANYWHERE ya can carry a bali legally - sure aint texas - not that i agree, hell in texas take the law literally and virtually any liner lock folder is illegal - "if it can be opened w/inertia" ad nauseum - but sorry, i can carry a glock 32C, a glock 33, a SIG P220 .45ACP, even a ruger .44 magnum redhawk w/a 2-4X scope, but NO i cant carry a bali legally........go figure.......


sifu
 
It doesn't explicitly say balisong. It mostly talks about blackjacks, which are like a heavy leather slap. It says switchblade, so they might consider balisongs to be switchblades. YOu'll have to look at some case law.

Sifu, I think you can carry them in Alabama and South Dakota legally. And you can probably carry one on your belt if the pouch is visible in a lot of states.
 
Yep, you can carry them in Alabama:) The only problems you can run into are various city ordinances that prohibit them here and there, but I'm sure that is probably the case in a lot of other states as well... Most of the police here aren't too upset with a knife as long as you aren't doing something stupid with it and don't make a big show of the fact that it's on your person.
 
While the code does not specifically mention balisong or gravity knife, it does state "or like weapons". This is a catch all that leaves it up to the LEO in making an arrest and up to the judge in court. As the code even makes ninja stars illegal, I would say the legislative intent of "like weapons" would include balisongs.
 
In Arizona you can "belt carry" anything. With an AZ CCW you can carry anything concealed, guns,knives, knucks and chuks. I can't wait to go home !! :)
 
As Hawaiian said, the "like weapons" part is the one that is tricky. "like weapons" means "whatever takes our fancy".

The case law is what is important here. If someone has been charged under this statute for carrying a Bali, then the outcome will determine whether this one even applies.

However, if this law does apply to balisongs it pertains to supply and circulation of these items and while it does not actually prohibit carrying them for personal use, it says that mere possession will imply intent "...to sell, barter, give or furnish the same. " (ie. guity until proven innocent, of the intent to sell, etc.)

If there is no other law prohibiting personal carry of these weapons then you could carry your Bali IF YOU CAN PROVE YOU DO NOT INTEND TO BUY, SELL, etc. and in accordance with other knife laws (blade length, concealment, design, etc.) What constitutes adequate proof of this is beyond me, and unless there are case histories, you may have to be prosecuted to find out.


I have pointed out these distinctions because under British law, the prohibition of carrying is lumped together with the buying and selling part and, unlike in the law you've quoted, is expressly prohibited even if there is no intent to sell.

I am not a lawyer, but the above opinoins are correct to the best of my knowledge. I welcome any corrections or opinions.

Dom
 
Case Law rules!!! At "Decision Time".., most Judges are as confused about what is "Legal" as we are trying to sift though the rhetoric.

You can easily review local decisions, and request them in writing from your Municipal Court. When I say "easily"...I mean you will get them, but it won't be immediate. Those involved in supplying you the information are the same attorneys and paralegals involved in deciphering "new rhetoric" that we will be discussing a year from now.

"Hunters seek what they [WANT].., Seekers hunt what they [NEED]"
 
Thanks for feedback people. I carry mine on my belt, in plain sight, so it is not concealed. Thats one law down. In Va they define a gravity knife as a knife that that can be opened by inertia, gravity... ....and which the blade it locked open automaticly. Thats two laws down. But this new discovery seemed to close that gap I was using. I'll have to look up the case law when I have more time. I also heard that you used to be able to get a permit for any knife to carry it concealed in Va. It was a 2 year permit instead of the 3 for a handgun. If it can still be done, I will get my 42's "registered". Like to see a LEO give me trouble then! :D Thanks again yall.

P.S. Never complain about your conection speed on the internet, mine is 28.8kbps right now! :eek:
 
I heard someone say (so who knows if this is true) that the VA Attorney General considers balisongs to be "like a dirk" so they are covered under the concealed weapons law. However, they can be legally sold in VA (unlike switchblades/autos), so I don't think the above law applies. Open carry should be legal, and I'm thinking about getting one of Clay's neck sheaths for my locally-purchased BM42. :)

Oh, and concealed handgun permits are good for 5 years, but I don't know of any other weapon permits unless you are law enforcement, EMT, etc. Like SIFU1A, I think it's silly to be able to conceal my SIG 9mm but not a bali, but that's the law.
 
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