legal tomahawk carry in Virginia?

[cbach8tw]

A friend of mine asked whether it was legal to carry his new tomahawk in public, and I was asking here to find out. we live in Virginia, he was told that if the police find it even in his truck he could be arrested or get a ticket. I thought he would be fine if he was going camping, but I did not know if just in the truck everyday. Thanks for any help.

 

[glistam]

The first matter is that only concealed is regulated in Virginia. You can carry a gun without a permit if it's plainly visible (unless there is a local law prohibiting this).

The state's weapon law (18.2-308) names the following as weapons that are prohibited from being carried "about his person, hidden from common observation":

(i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material;
(ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack;
(iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain;
(iv) 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; or
(v) any weapon of like kind as those enumerated in this subsection

A tomahawk does not match the description of any of these items, and thus does not fall within this statute's restrictions. Unlike many states, in VA the part about "any weapon of like kind" is subject to strict scrutiny, rather than being used as a over-broad catch-all. In Thompson V Commonwealth, a guy caught with a butterfly knife had to be let go because it simply was not similar enough to any of the other items named.

Further, things like tomahawks were probably excluded from this law for good reason: It's an hand axe; a tool. Even its Native American originators used them to chop wood and do other tasks, only using it as a weapon when necessary. Classifying them as weapons would do a disservice to campers and outdoorsman all over the state.

 

[cbach8tw]

Thanks, that was a great and fast answer!