Questions about switchblades in VA

[JackAColeman]

Went looking to see if balisongs could be legally carried in my state, and to my surprise, it said autos were legal if carried openly. i looked more into it, and the law says they are illegal if concealed, and i can't have intent to distribute.

so heres some questions about open carry, is the clip showing with my shirt tucked in open carry? what about a sheath on my belt?

and how can someone really prove they have no intent to distribute? shouldn't the officer have to prove he does?

 

[RevDevil]

It's my understanding that concealed carry means that the knife (in this case) is inside your pocket, possibly with the clip showing. Remember not all LEOs will interpret the law the same way. A sheath on your belt is considered open carry, but again every state, county, and city will have it's own spin on how the law works. Intent to distribute is another gray area, but if you have a business, or pertain to a business that sells knives that would be in the bag. These kinds of topics might be better suited for Knife Laws subforum, as they are not discussing the actual knife, mechanisms, and use; rather the legality of owning, carrying, using, and concealing.

 

[JackAColeman]

It's my understanding that concealed carry means that the knife (in this case) is inside your pocket, possibly with the clip showing. Remember not all LEOs will interpret the law the same way. A sheath on your belt is considered open carry, but again every state, county, and city will have it's own spin on how the law works. Intent to distribute is another gray area, but if you have a business, or pertain to a business that sells knives that would be in the bag. These kinds of topics might be better suited for Knife Laws subforum, as they are not discussing the actual knife, mechanisms, and use; rather the legality of owning, carrying, using, and concealing.

oh i was not aware there was a knife laws subforum, could you move it please?

 

[glistam]

Actually you have overlooked one important statute that is separate from the main weapon carry statute.

18.2-311 states:

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.

The bolded text in regular English means that if you are found to have a switchblade in your possession, you are automatically assumed to be intending to sell it. While a very awkward way to write such a law, the end result is you may not possess a switchblade at all, even in your home under lock and key.