Sometimes we come across cases in which people are caught committing a felony or offense without meaning to.
They don’t realize that they are breaking a law. However, being ignorant of that law isn’t enough to bail someone out.
So if you’re asking whether it’s legal to be carrying around that pocket knife you got as a birthday gift, here is where you’ll find the answer.
In this article, we will breakdown Virginia knife laws and discuss the intricacies of what’s prohibited and what’s not. So, let’s dive in.
Virginia Knife Laws, How Restrictive Are They?
Virginia is a state that has an unpopular history with concealed knives. Historically, many duels that ended in disasters have taken place using Bowie knives and others.
The knife laws in Virginia are relatively less restrictive compared to other states. When you consider the open carry rights, you find that the state laws allow you to carry legal knives almost anywhere.
Whereas, the restrictions are more concerned with what you can and can’t conceal when carrying.
What Does the Word “Concealed” Mean?
The law defines the word “concealed” as hiding from common observation. In a previous case in 1995, the court found that someone putting a weapon in a back pocket while carrying a duffle bag that covers the visible part of the weapon is considered a “concealed carry” and therefore, a crime.
The law also adds that a weapon should be ruled “hidden from common observation” when it is visible to the eye but it takes a deceptive appearance. The purpose of this disguise is to conceal the weapon’s real nature.
The concealed carry laws ban certain knives from being concealed when carried around. The list includes:
- Switchblade knives
- Razor
- Dirk
- Bowie knife
- Ballistic knife
- Machete
The law states that if these knives were carried hidden from observation, the carrier is deemed guilty of a Class 1 misdemeanor.
This is the most serious misdemeanor in that state. A person guilty of Class 1 misdemeanor means that he is punishable for up to 1 year in jail or he can be fined up to $2500, or both.
The law also states that the concealed carry is banned on other knives that are “of the like”. This leaves room for subjectivity.
The term “of the like” is used by the law, in this case, to make it illegal to carry knives that have the same nature and characteristics similar to the prohibited knives listed by the law.
Therefore, this matter was at the center of many debates, since the knives are not defined by statute. In such cases, the decision of whether the object is illegal or not will be decided by the jury or the judge.
The Exceptions to Concealed Carry
The law proceeds to point out specific cases where the conceal carry shall not be a crime. Here are some of these exceptions.
If someone went out on lawful hunting and it happens that the weather was unstable and unpleasant that the person had to hide his knives, in this case, the person is not guilty.
Another case is when someone is a regular member of a weapon collecting entity who happens to be transporting the weapons for an exhibition and needed to securely wrap up those weapons. In this case, also, the person is not guilty.
The exception also includes people who are taking their knives for repair, given that the weapon is secured and properly wrapped. Also, people who are members of a training course and they had to transport the weapon around different training locations.
This is in addition to other logical reasons such as being a member of law and enforcement.
How to Decide Whether a Knife Is Prohibited?
The law defines only one kind of knife that is the ballistic knife. It’s a device with a removable blade that works with the spring-operated mechanism.
So, if the status of the knife is not clearly mentioned in the law, what happens?
At first, it must be decided whether this bladed item in question is considered a weapon or not.
This is based on the Supreme Court’s definition of weapon: “The item must be designed for fighting purposes or commonly understood to be a “weapon.”
The next step is judging whether this bladed item is “of the like”.
A previous court verdict, that took place in 2007, has ruled that a Tanto knife is similar to the Bowie knife and therefore, prohibited.
What Is Prohibited and What’s Not?
In addition to the concealed carry rules, it’s a crime to brandish a bladed weapon with a visible blade that is 12 inches long, with the purpose of intimidating someone.
Virginia law does not prohibit the open carry of any knife. However, there are the normal exceptions such as schools.
Knife Possession in Schools?
The law ( §18.2-308.1A) defines schools as follows:
- Any child day center including the buildings and grounds
- Public properties that are used for school-sponsored activities
- School buses
The law goes on to state that only pocket knives are permitted on school premises. However, the metal blade should not be more than 3-inches long. Otherwise, the person will be guilty of a Class 1 Misdemeanor.
Selling Knives in Virginia
When it comes to selling knives in Virginia, the law is clear and blunt. It states that if any person sells, or gives, or furnishes or barters any disc that is designed to be thrown and has at least 2 blades will be guilty of Class 4 misdemeanor.
This means that the crime committed will be punishable with a fine and doesn’t include going to jail.
The law goes further to name some of these objects, the switchblade knife, the throwing star and, ballistic knife.
Conclusion
To cut a long story short, all knives are legal to own in Virginia. However, there are certain types of knives that should not be carried concealed.
So whether you are a collector or a pocket knife lover, feel free to own, sell, give or receive any form of pocket knives as long as they’re not carried concealed or don’t constitute a flying blade.