NC/VA Laws?

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Lowballingnot:D

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Feb 6, 2010
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What are the laws for...


1) A switchblade
2) A balisong/butterfly knife
3) Size limit on folder knife.


Please help for both states, I live on the border.
 
For Virginia:
1. Switchblade are illegal to own, period. To sum the law up, it is illegal to sell them, and the law has this rather moronic line that presumes intent to sell based on mere possession alone. (§ 18.2-311)
2. They are not explicitly mentioned anywhere in the law by any description. However Thompson v. Commonwealth ruled that carrying one was not illegal unless there was intent to use it as a weapon. Be warned, intent to use as a weapon can include blurting out to a cop that it is for self defense.
3. There is no maximum blade length for folding knives. Fixed blades should be carried openly. (§ 18.2-308)

For North Carolina:
1. Switchblades may not be carried concealed except on your own property, nor brought onto school property. No other restrictions. (14-269, 14-269.2)
2. No mention in law, but likely fall under the same restriction as switchblades, since this law covers almost all knives except folders.
3. No explicit mention of length by law, however caselaw has ruled folding knives with blades as large as 4.5" to be legal when carried concealed.


Be smart out there and you will not have a problem. Read this article for practical considerations.
 
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Switchblades are a no in both states, best that I can figure Balisongs/Butterfly knives are legal,BUT, I'd check your area. and as for size as in blade length for folders, you'd have to check in the localities you visit, some have restrictions some not,but there is no definitive length restriction that I can see in the state law. Bear in mind I'm no lawyer so don't swear by me as your proof, anyway here is NC's law
§ 14‑269. Carrying concealed weapons.

(a) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any bowie knife, dirk, dagger, slung shot, loaded cane, metallic knuckles, razor, shurikin, stun gun, or other deadly weapon of like kind, except when the person is on the person's own premises.

(a1) It shall be unlawful for any person willfully and intentionally to carry concealed about his person any pistol or gun except in the following circumstances:

(1) The person is on the person's own premises.

(2) The deadly weapon is a handgun, and the person has a concealed handgun permit issued in accordance with Article 54B of this Chapter or considered valid under G.S. 14‑415.24.

(3) The deadly weapon is a handgun and the person is a military permittee as defined under G.S. 14‑415.10(2a) who provides to the law enforcement officer proof of deployment as required under G.S. 14‑415.11(a).

(b) This prohibition shall not apply to the following persons:

(1) Officers and enlisted personnel of the armed forces of the United States when in discharge of their official duties as such and acting under orders requiring them to carry arms and weapons;

(2) Civil and law enforcement officers of the United States;

(3) Officers and soldiers of the militia and the National Guard when called into actual service;

(4) Officers of the State, or of any county, city, town, or company police agency charged with the execution of the laws of the State, when acting in the discharge of their official duties;

(5) Sworn law‑enforcement officers, when off‑duty, provided that an officer does not carry a concealed weapon while consuming alcohol or an unlawful controlled substance or while alcohol or an unlawful controlled substance remains in the officer's body.

(b1) It is a defense to a prosecution under this section that:

(1) The weapon was not a firearm;

(2) The defendant was engaged in, or on the way to or from, an activity in which he legitimately used the weapon;

(3) The defendant possessed the weapon for that legitimate use; and

(4) The defendant did not use or attempt to use the weapon for an illegal purpose.

The burden of proving this defense is on the defendant.

(b2) It is a defense to a prosecution under this section that:

(1) The deadly weapon is a handgun;

(2) The defendant is a military permittee as defined under G.S. 14‑415.10(2a); and

(3) The defendant provides to the court proof of deployment as defined under G.S. 14‑415.10(3a).

(c) Any person violating the provisions of subsection (a) of this section shall be guilty of a Class 2 misdemeanor. Any person violating the provisions of subsection (a1) of this section shall be guilty of a Class 2 misdemeanor for the first offense. A second or subsequent offense is punishable as a Class I felony.

(d) This section does not apply to an ordinary pocket knife carried in a closed position. As used in this section, "ordinary pocket knife" means a small knife, designed for carrying in a pocket or purse, that has its cutting edge and point entirely enclosed by its handle, and that may not be opened by a throwing, explosive, or spring action.

And Va's
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.)
 
I lived in NC for >20 years, and you could carry a handgun - as long as it is not concealed.
This means that you can wear a gun in a supermarket (I wouldn't, but I have seen it), or visible on a car seat. It can't be accessible, loaded and hidden.
I can't imagine that anyone in NC is going to get upset about a knife in your pocket, given the very lenient gun laws.
I haven't lived there for 11 years, so my knowledge of this could be out of touch with reality, but I doubt it.
They have more to worry about than knives, when everyone is packing guns.
 
It's actually not entirely true that switchblades are illegal in VA. Coincidentally, without having seen this thread, I actually have been talking about this with a few judges and a criminal defense lawyer lately. Here's as best as we can figure it.

Technically, they are illegal to sell. Possession gives rise to a presumption of intent to sell, but it is a rebuttable presumption. However, stores sell them to cops all the time. What's more, those stores will sell them to a non-cop. How can this be? Well, at least in this part of VA, no prosecutor is going to prosecute a store that supplies the local police officers. All of the judges I spoke to and the criminal defense lawyer have been doing their respective jobs for a very long time. None of them have ever seen 18.2-311 charged, and in fact none of the judges even knew of its existence until I asked them about it.

You can own one. You cannot carry one concealed, but you can carry one openly, just be forewarned that you may find yourself in a position where you find yourself in court trying to rebut that presumption. The presumption doesn't apply to conservators of the peace.

As far as what arty said about "they have more to worry about than knives, when everyone is packing guns" - I can't say I agree with that statement. First of all, the people who are legally carrying guns are not something to "worry about." Secondly, we have lawful open carry of a handgun without a permit here in VA too, but they sure do worry about knives.
 
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So I would presume that in Nc, carrying a small fixed blade in your pocket is legal as long as its not concealed? I believe a pocket clip visible makes the knife not concealed right?
 
glistam said:
For Virginia:Thompson v. Commonwealth ruled that carrying one was not illegal unless there was intent to use it as a weapon. . . . Fixed blades should be carried openly.[/URL].
Click to expand...

I think you've missed the Court's point in Thompson. The Court found that the knife in question was very definitely a weapon, but was not, "'of like kind' to a dirk or any other weapon enumerated in Code § 18.2-308(A)." Hence, it wasn't illegal for him to carry it concealed. The same interpretation applies to fixed blades; if it's, "not designed for stabbing purposes like a dagger, but rather for cutting purposes[,]" it's not illegal to carry a fixed blade knife concealed.
 
So would we all agree that in NC you should be legal carrying a switchblade as long as it's not concealed???
 
I thought when I was reading the law that in North Carolina a folder must be 4.5" or less when closed. Which would put you at approximately a 3.5 inch blade length.

This is what I read on a knife law website concerning case law:

- "Knife about 4-1/2 inches in overall length which, when
folded, was clearly designed for carrying in a pocket or
purse, was an 'ordinary pocketknife' as defined by this
section." (1989)

Maybe my interpretation is wrong.
 
NC legal carry limit for folders is 4.5 inches. Some cities, like Raleigh, have special rules. In Raleigh the legal limit is 3 inches. Funnily enough, so long as it's not a switch blade, NCSU located in Raleigh allows carrying a 4 inch blade. Huzzah for our colleges!

NC's knife carry laws are pretty complicated. "Bowie" knives are specifically forbidden, at least that's the rumor, in Wake county, but in Chattam county (neighboring) they're perfectly fine. It's unclear what constitutes a "Bowie" knife, whether it's just a fixed blade or it specifically is a clip point.

That all being said, provided you're polite and respectful to LEO's, no cop is going to give you garbage, at least around my area, for carrying a knife. You could be carrying a Benchmade 42, but so long as you give the guy respect and treat him like a gentlemen, he's gonna do the same to you. At least in Chattam county, but then again we're all good 'ole boys out here, and everyone knows everyone else.
 
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