VA Supreme Court ruling on balisongs

[dsvirsky]

Thompson v. Commonwealth 02/27/2009 In a prosecution under Code § 18.2-308.2(A) for being a convicted felon carrying about his person a concealed weapon in the form of a "balisong" or “butterfly knife,” the evidence was sufficient to prove that such knife was a weapon. However, the evidence was insufficient establish that such knife was “of like kind” to any of those weapons enumerated in Code § 18.2-308(A). The judgment of the Court of Appeals is reversed, defendant's conviction is vacated, and the indictment is dismissed.

http://www.courts.state.va.us/opinions/opnscvwp/1080445.pdf

 

[glistam]

:thumbup:
Common sense prevails over the misleading statements of an honest but clearly biased arresting officer and over-zealous court

 

[TOM1960]

Thompson v. Commonwealth 02/27/2009 In a prosecution under Code § 18.2-308.2(A) for being a convicted felon carrying about his person a concealed weapon in the form of a "balisong" or “butterfly knife,” the evidence was sufficient to prove that such knife was a weapon. However, the evidence was insufficient establish that such knife was “of like kind” to any of those weapons enumerated in Code § 18.2-308(A). The judgment of the Court of Appeals is reversed, defendant's conviction is vacated, and the indictment is dismissed.

http://www.courts.state.va.us/opinions/opnscvwp/1080445.pdf

He was damned lucky. A convicted felon in Louisiana was sentenced to six years in state prison for being a felon in possession of a weapon after police found a 4" folding knife in his back pocket during a "Terry" frisk.