Virginia knife laws..

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redwheel

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Oct 2, 2008
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To the fellow blade enthusiasts.. does anyone know the laws for the state of Virginia? I appreciate the help.
 
§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

A. If any person carries about his person, hidden from common observation, . . . (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.
 
Several things to keep in mind about VA knife laws:

(1) The wording of the law might lead one to believe that it's OK to carry concealed as long as it's not a "dirk, bowie knife, switchblade knife," etc. But a VA Appeals Court defined a "bowie knife" as "any stabbing weapon having a single sharp edge, a dull or serrated flat edge and a point, such as a hunting knife, a fishing knife or a survivalist's knife" (Richards, 18 Va. App. at 246 n.2, 443 S.E.2d at 179 n.2). Virginia courts have also given a broad interpretation to the phrase, "any weapon of like kind":

http://www.courts.state.va.us/opinions/opncavtx/2708041.txt (2005)

http://www.courts.state.va.us/opinions/opncavwp/0473061.pdf (2007)

(2) There are additional restrictions on carrying on school property:

http://law.justia.com/virginia/codes/toc1802000/18.2-308.1.html

(3) There is a prohibition on buying or selling any "switchblade knife, ballistic knife, or like weapons," and "[t]he having in one's possession of any such weapon shall be prima facie evidence . . . of his intent to sell, barter, give or furnish the same":

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-311

http://www.knifelawsonline.com/knifehome/VALawNote/tabid/82/Default.aspx

(4) In addition to state laws there are also local ordinances, some of which are enumerated here:

http://www.handgunlaw.us/documents/USKnife.pdf

Hope this is helpful!
 
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In the state of VA if you are carrying anything in excess of a 3 1/2" blade, it can be considered a weapon. If the "weapon" cannot be seen in plain sight, then it is a concealed weapon. This includes your vehicle. The same rules for firearms apply to fixed blades and folders in excess of 3 1/2" since the are considered a "weapon" even if it is a "tool" to you. For all of these instances you must have a CCW permit. ($50 and a screening through your local city hall)

All of that being said. You can OPEN carry ANY weapon as long as it is in plain sight and not in a banned area (i.e. school, post office, courthouse, bank, etc). Here is the funny part. It is illegal to carry any concealed weapon into any establishment that serves alcohol. BUT YOU CAN OPEN CARRY! Does that make any sense?
 
Do you have a reference for the 3 1/2" rule?

The name of the permit issued by Virginia is "Permit to Carry a Concealed Handgun" (see link).
 
I know, but I made sure that I asked the county clerk about it (city of chesapeake). The only reason I know about the 3 1/2" rule is because I had a young sailor that was in my division that was going to lose his security clearance due to a weapons charge in Virginia beach. He was carrying a 4" folder.
 
Thanks much for the link . . . but I see no reference in the state statute to blade length -- only to the type of knife (bowie, dirk, etc.).

In the 2005 case I cited above (Ohin v. Commonwealth), the defendant had been convicted of carrying a concealed 3 1/2" folder. The VA Appeals Court upheld the conviction on grounds that the knife constituted a "weapon of like kind" to those enumerated in the statute.
 
What it really come down to on the issue is the spirit of the law vs the Letter of the law. The sailor that I had to go to court with was lucky and the charges were dismissed based on the fact that the Navy uses knives every day as a tool (which is how his lawyer argued the matter).
 
Two observations about VA knife law:
1) Almost all the case law involves carry of a concealed weapon by a convicted felon.
2) Attitudes towards knives (by all, including LEO) are very different in the Tidewater area or metro DC or Richmond than in more rural areas, like SW VA.
 
Of course. In a urban area there is no real reason for carrying a large blade unless its for attack or defense. In a rural area they are a more commonly used tool. Hence the reason I am moving to a rural area when I retire from the navy.
 
VA CCW only applies to handguns, not any of the other weapons mentioned in the section. See 18.2-308.D for language of it.
 
dsvirsky said:
Two observations about VA knife law:
1) Almost all the case law involves carry of a concealed weapon by a convicted felon.
2) Attitudes towards knives (by all, including LEO) are very different in the Tidewater area or metro DC or Richmond than in more rural areas, like SW VA.
Click to expand...

I asked a local officer about this at a gun show once, and this was his reply:

"It all depends on the officer. One may take the knife away from you, another may give you a warning, yet another may ignore it all together, and some may even attempt to arrest/convict you (depending on the size and manner of carry)." He also said that the law states that you cannot carry a knife with the intent to commit a criminal act and/or harm another person. That may have changed since then however, but you can see why each LEO could/will react differently depending on the situation.

For what it's worth, I was also asking him about switchblades. He went on to say that you can collect them, but not legally carry them without running the risk of being convicted. He said that he personally wouldn't do anything if he noticed someone with a switchblade, as long as they didn't appear to be "suspicious. But again, it's really up to the officer......

VARifleman said:
VA CCW only applies to handguns, not any of the other weapons mentioned in the section. See 18.2-308.D for language of it.
Click to expand...

That may be the letter of the law, but in application it applies to all concealed weapons. I called the local courthouse the other day and asked for information about carrying a concealed folding knife. They told me that I would have to go through the same process and get the same permit as if it were a gun. So, while not completely spelled out, the permit applies to any weapon that you wish to carry concealed.
 
Greyhound said:
I carry this folder daily:

http://www.benchmade.com/products/product_detail.aspx?model=14250

I use the pocket clip, so that it rides in my pocket, only the clip is seen.

Is this considered an open carry? Would I be considered in violation of va law?
Click to expand...

According to the law yes, that is considered concealed carry. If you were to carry it with the knife outside your pocket, that would be an open carry. But most officers aren't going to make a huge deal out of it. It all depends on the officer and if he thinks your possibly up to no good. But of your not doing anything stupid and not flaunting the knife all over the place you should go unnoticed.
 
Francesco said:
Thanks much for the link . . . but I see no reference in the state statute to blade length -- only to the type of knife (bowie, dirk, etc.).

In the 2005 case I cited above (Ohin v. Commonwealth), the defendant had been convicted of carrying a concealed 3 1/2" folder. The VA Appeals Court upheld the conviction on grounds that the knife constituted a "weapon of like kind" to those enumerated in the statute.
Click to expand...


This case was about the person being a convited felon. 18.2-308.2
Possession of transportation of firearms or concealed weapons by convicted felons; penalties; petition for permit; when issued


18.2-308 a. "If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weaspon designed or intended to propel a missile of any kind;"

I would say a folder on a pocket clip is showing enough in a front pocket to be considered common observation as long as you where wearing something to try an conceal this area.

Also, that court case stated the following, "One of the officers noticed Ohin
conspicuously placing his hands in his pockets. The officer told Ohin to keep his hands in view, but Ohin refused to do so. Having removed “several guns and weapons” from individuals in this area before, the officer asked Ohin if he “had any weapons on him.” Ohin said he did not. The officer then requested and obtained consent to search Ohin. As the officer approached to search him, Ohin pulled a concealed knife out of his pants pocket. The officer later determined that Ohin was a convicted felon."

It does not seem the violation was over carrying it at all, but carrying within the pocket as a convicted felon...plus not listening to the police did not seem to help either.
 
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