Stupid Virginia...

[Banger Mob]

So I bought a bunch of stuff at auction this week, and among the goods were three pocketknives. I thought, cool, pocketknives are fun. But then I realized that all three are automatic switchblades. F***.

Per Virginia 18.2-311, it is illegal to possess with intent to sell any (blah blah blah) including switchblades, and possession alone is enough to determine intent.

Regardless of all the random websites that just talk about the legality of concealing vs open carry knives in general, this auction company has commited a Class 4 misdemeanor in selling these to me, and caused me to unknowingly commit the same Class 4 misdemeanor by possessing them.

What's the proper course of action, legally speaking?

 

[Danke42]

Turn yourself in. They'll go easy on you.

 

[flatblackcapo]

I don't know if it is the same but here in California you can't carry auto knives but you can own them to keep in a collection.
You can call your District Attorney's office and ask them.

 

[tom19176]

Take a Look at this:

http://www.knifeup.com/virginia-knife-laws/comment-page-1/

I would think if you want to keep them make sure you have them stores as a collection....Glistam I hope will post soon....

 

[Rich S]

Per Virginia 18.2-311, it is illegal to possess with intent to sell any (blah blah blah) including switchblades, and possession alone is enough to determine intent.

Of course that has been deemed unconstitutional already if I recall correctly. Virginia knife/gun laws are a mess and rarely enforced. I've checked with VA. State Police and my local sheriff's office about assisted opening knives and they both say they are legal. For true switchblades, I'd suggest just keep them as a collectible and don't carry them. I personally see no difference between an AO and a switchblade in basic usefulness. But the law is the law. I've been going more to flippers anyway; less chance of an accidental opening in your pocket.
Rich

 

[jc57]

What's the proper course of action, legally speaking?

Destroy and dispose of them as quickly as possible, as long as you don't dispose of them by giving them to anyone. I mean beat them to pieces with a hammer or melt them with a torch or snap the blades off, and throw the remains into a dumpster.

You could, theoretically, contact the police to report the crime committed by the auction house and surrender the knives to the police as evidence. That action would show that you had no criminal intent in the possession and would refute the prima facie evidence of you merely owning them as showing intent.