Warning

 

Close

Confirm Action

Are you sure you wish to do this?

Confirm Cancel
BCM
Durkin Tactical Franklin Armory
User Panel

Arrow Left Previous Page
Page / 2
Posted: 1/13/2022 5:32:11 PM EDT
Now that we've got a Repub governor and 1/2 the legislature, maybe we can get legal switch blades. I remember there was a group that lobbied such things. Does any one have contact with the Virginia knife lobby? Are there any switchblade friendly representatives to contact?
Link Posted: 1/13/2022 6:07:03 PM EDT
[#1]
I was wondering the same thing. I hope we can get this changed
Link Posted: 1/14/2022 10:33:41 AM EDT
[#2]
I googled VA switch blade knife lobby and nothing came up. Anyone know any groups that would be interested?
Link Posted: 1/15/2022 10:59:47 PM EDT
[#3]
I remember that there was some group that lobbied for improvements in knife laws around the country, but I cannot recall any details.
Link Posted: 1/16/2022 11:47:44 AM EDT
[#4]
Always loved the Mirotechs.  Would really love to EDC one.
Link Posted: 1/16/2022 1:44:43 PM EDT
[#5]
You can order whatever you want online
Link Posted: 1/16/2022 1:52:17 PM EDT
[#6]
http://www.kniferights.org

Here in PA we originally had legal switchblade carry as part of our constitutional carry bill, but it was removed in the version that passed and was veto'ed by our POS governor. We can own switchblades but not carry them here.

Link Posted: 1/16/2022 2:08:13 PM EDT
[#7]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Nmbmxer:
You can order whatever you want online
View Quote


I know you can order and own them. As I recall reading a while back, you can’t carry it unless you are military/LEO/1st Responder. While I have been in each of those roles at one time in my life, I’m currently just a less than equal.
Link Posted: 1/16/2022 5:20:06 PM EDT
[#8]
Speeding is worse than carrying an automatic knife in VA.
Link Posted: 1/16/2022 7:00:51 PM EDT
[#9]
Now, that’s something I haven’t heard before. Gonna have to look into that
Link Posted: 1/16/2022 7:16:37 PM EDT
[#10]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By mchgnxj24:


I know you can order and own them. As I recall reading a while back, you can’t carry it unless you are military/LEO/1st Responder. While I have been in each of those roles at one time in my life, I’m currently just a less than equal.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By mchgnxj24:
Originally Posted By Nmbmxer:
You can order whatever you want online


I know you can order and own them. As I recall reading a while back, you can’t carry it unless you are military/LEO/1st Responder. While I have been in each of those roles at one time in my life, I’m currently just a less than equal.



It’s my understanding that you cannot own one as average joe citizen. Doing so is considered prima facie evidence of intent to sell or distribute and is a class 4 misdemeanor.
Link Posted: 1/16/2022 8:19:04 PM EDT
[#11]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dodge223:



It’s my understanding that you cannot own one as average joe citizen. Doing so is considered prima facie evidence of intent to sell or distribute and is a class 4 misdemeanor.
View Quote



Pretty sure that’s how the law is written, but I have a hell of a time figuring out how owning one would constitute intent to sell. Every time I see one of the Microtechs pop up in the EE, I’m tempted.
Link Posted: 1/16/2022 8:31:17 PM EDT
[#12]
I have a knock off microtech (cobratec or something) that has been really good aside from finish on the handle flaking off. Fines just as hard as new, had it apart to clean it a couple of times.

I'd never go back to having to put my finger in the path of the blade when closing it. No reason to ever set an open knife down. I've carried it for years.
Link Posted: 1/16/2022 8:42:56 PM EDT
[#13]
I was just at the gun show in Hampton this weekend and seen plenty of switchblades. The guy running the booth didn’t care what you were.
Link Posted: 1/16/2022 9:51:38 PM EDT
[#14]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By mak0:
http://www.kniferights.org

Here in PA we originally had legal switchblade carry as part of our constitutional carry bill, but it was removed in the version that passed and was veto'ed by our POS governor. We can own switchblades but not carry them here.

View Quote

Thanks for posting the Kniferights link. I'll contact them and see if we can get something going in Virginia.
Link Posted: 1/16/2022 11:27:25 PM EDT
[#15]
A few years back a switchblade law made it all the way to the governors desk and it was  rejected. Maybe the climate is better now.
Link Posted: 1/17/2022 8:34:20 AM EDT
[Last Edit: Dodge223] [#16]
It’s also illegal to carry a dirk or dagger which means any double edge blades but Home Depot sell a few for cutting insulation. Also last time I was there they had an automatic utility blade holder.
Link Posted: 1/17/2022 1:43:52 PM EDT
[#17]
Carrying an automatic knife concealed is a violation of 18.2-308.  It is a Class 1 Misdemeanor.  A second violation is a class 6 felony.

Link To Statute

Would be great to get this changed.
Link Posted: 1/17/2022 4:46:37 PM EDT
[#18]
Would be a nice change.

Any luck getting ahold of knife rights Op?
Link Posted: 1/17/2022 5:46:36 PM EDT
[Last Edit: pevrs114] [#19]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MikeDeltaFoxtrot:
Carrying an automatic knife concealed is a violation of 18.2-308.  It is a Class 1 Misdemeanor.  A second violation is a class 6 felony.

Link To Statute

Would be great to get this changed.
View Quote


But note that switchblade knife is not defined in 18.2-307.1. There's a LOT of room for play there.

It's also not defined in 18.2-311, which forbids the sale of certain weapons. Note that they define ballistic knife and spring stick, but not switchblade knife. That distinction is critical. It says they had the opportunity to do so, but chose not to. They painted themselves in a corner pretty bad there.

Remember, what you or I would define one as is not the definition the courts get to use for a criminal trial. And criminal statutes must be clear and unambiguous, and if there IS any ambiguity, the tie goes to the defendant.

Note that the code section only bans the carrying of the weapon WITH INTENT TO SELL.

While there may be a part of the code section that says carrying one is prima facie evidence of intent to sell, this would be EASILY countered by simple testimony that the bearer uses it daily and has no intent to sell. If there is no evidence offered by the Commonwealth that actually shows an intent to sell, or if the defendant's testimony goes unrebutted, the prima facie case evaporates.

It's one of the worst written code sections in the whole code, and one of the most easily defeated.

It's basically a boogeyman.

I've NEVER seen anyone charged with this. If I WERE ever charged, I'd hire competent defense counsel (I'd recommend John Pierce, a member here) and I'd lay out that trial strategy. Even if you didn't win, you'd have some really good issues for the appellate courts.
Link Posted: 1/17/2022 5:59:17 PM EDT
[#20]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By pevrs114:


But note that switchblade knife is not defined in 18.2-307.1. There's a LOT of room for play there.

It's also not defined in 18.2-311, which forbids the sale of certain weapons. Note that they define ballistic knife and spring stick, but not switchblade knife. That distinction is critical. It says they had the opportunity to do so, but chose not to. They painted themselves in a corner pretty bad there.

Remember, what you or I would define one as is not the definition the courts get to use for a criminal trial. And criminal statutes must be clear and unambiguous, and if there IS any ambiguity, the tie goes to the defendant.

Note that the code section only bans the carrying of the weapon WITH INTENT TO SELL.

While there may be a part of the code section that says carrying one is prima facie evidence of intent to sell, this would be EASILY countered by simple testimony that the bearer uses it daily and has no intent to sell. If there is no evidence offered by the Commonwealth that actually shows an intent to sell, or if the defendant's testimony goes unrebutted, the prima facie case evaporates.

It's one of the worst written code sections in the whole code, and one of the most easily defeated.

It's basically a boogeyman.

I've NEVER seen anyone charged with this. If I WERE ever charged, I'd hire competent defense counsel (I'd recommend John Pierce, a member here) and I'd lay out that trial strategy. Even if you didn't win, you'd have some really good issues for the appellate courts.
View Quote


Pay your money and take your chances.  I am a lawyer licensed in Virginia.  I have read all the Court of Appeals and Supreme Court of Virginia cases dealing with knives and 18.2-308.  I have no doubt they would conclude that "switchblade knife" means an automatic knife.  And remember, even if they conclude the item you were carrying isn't exactly the prohibited item, they then ask if it is a "weapon of like kind" which involves analyzing whether it has the same characteristics.  Not worth it in my judgment.

Link Posted: 1/17/2022 6:19:32 PM EDT
[#21]
I'd argue that a OTF isn't a switchblade. The blade isn't held by a catch against a tensioned spring. You have to push the button up which manually tensions the spring and later releases the blade. Seems to have more in common assisted opener than the evil stiletto. If anything it might be more similar to a gravity knife.

And again, driving 80mph on the highway is a felony in VA Our state is back assward sometimes.
Link Posted: 1/17/2022 6:35:14 PM EDT
[#22]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Nmbmxer:
I'd argue that a OTF isn't a switchblade. The blade isn't held by a catch against a tensioned spring. You have to push the button up which manually tensions the spring and later releases the blade. Seems to have more in common assisted opener than the evil stiletto. If anything it might be more similar to a gravity knife.

And again, driving 80mph on the highway is a felony in VA Our state is back assward sometimes.
View Quote


It's up there with repealing Assault Weapon restrictions, and the very definition of it, in the VA code.
Link Posted: 1/17/2022 10:18:31 PM EDT
[#23]
I've been saying that the best solution to constitutional carry is to simply delete the entire concealed weapons code.

This would legalize 2A rights (the right to carry arms0. Under current law CHP holders could be charged with carrying a concealed knife.  

One could also argue that the concealed weapons code is inherently abusable as you can be charged with carrying a concealed weapon if carrying anything other than a common pocket knife.
Link Posted: 1/18/2022 1:02:05 AM EDT
[#24]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Nmbmxer:
I'd argue that a OTF isn't a switchblade. The blade isn't held by a catch against a tensioned spring. You have to push the button up which manually tensions the spring and later releases the blade. Seems to have more in common assisted opener than the evil stiletto. If anything it might be more similar to a gravity knife.

And again, driving 80mph on the highway is a felony in VA Our state is back assward sometimes.
View Quote


Wrong on a couple of counts. 1. They raised the reckless by speed threshold from 80 to 85 mph (or 20 mph over). 2. It's a Class 1 Misdemeanor (reckless driving), not a felony.

That's not to say that it isn't stupid, but it's definitely not a felony. The reckless driving threshold in NC is only 15 over, so at least we've got them beat there...
Link Posted: 1/19/2022 9:50:48 AM EDT
[#25]
I've always heard it was legal for handicapped person to carry switchblades in Virginia.
Is this true?
Link Posted: 1/19/2022 10:11:23 AM EDT
[#26]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By RV-1:
I've always heard it was legal for handicapped person to carry switchblades in Virginia.
Is this true?
View Quote


There is no such exception in 18.2-308.  You can read it for yourself at the link I posted above.
Link Posted: 1/19/2022 12:13:00 PM EDT
[#27]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dodge223:
It’s also illegal to carry a dirk or dagger which means any double edge blades but Home Depot sell a few for cutting insulation. Also last time I was there they had an automatic utility blade holder.
View Quote



There is a lengthy line of case law on that.  Dirk or dagger does NOT mean any double edged blade, there is quite a bit more that goes into the analysis.  A key element (but not the only one)will turn on the determination if the item in question is a "weapon."  The case below dealt with a butterfly knife, but the analysis would be similar for any bladed item.  


"We have previously defined a " ;dirk" as "`a long straight-bladed dagger'" or "`a short sword.'" Wood v. Henry County Public Schools, 255 Va. 85, 95 n. 6, 495 S.E.2d 255, 261 n. 6 (quoting Webster's         Third New International Dictionary 642 (1981)); see also Richards v. Commonwealth, 18 Va.App. 242, 246 n. 2, 443 S.E.2d 177, 179 n. 2 (1994) (defining a dirk as "any stabbing weapon having two sharp edges and a point, including daggers, short swords, and stilettos"). A "dagger" is "a short knife used for stabbing," and its definition refers to a "stiletto." Webster's Third New International Dictionary 570 (1993). However, the definition of a "stiletto" is not particularly helpful, as it is defined as "a slender dagger with a blade that is thick in proportion to its breadth." Id. at 2243. The definition of a "sword" is more instructive: "a weapon with a long blade for cutting or thrusting set in a hilt usually terminating in a pommel and often having a tang or a protective guard where the blade joins the handle." Id. at 2314."
Thompson v. Com., 673 S.E.2d 469, 277 Va. 280 (2009)  

"Without two sharp edges and a protective guard, we conclude that the butterfly knife is not designed for stabbing purposes like a dagger, but rather for cutting purposes." Thompson v. Com., 673 S.E.2d 469, 277 Va. 280 (2009)
Link Posted: 1/19/2022 12:23:25 PM EDT
[#28]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HokieErik:



There is a lengthy line of case law on that.  Dirk or dagger does NOT mean any double edged blade, there is quite a bit more that goes into the analysis.  A key element (but not the only one)will turn on the determination if the item in question is a "weapon."  The case below dealt with a butterfly knife, but the analysis would be similar for any bladed item.  


"We have previously defined a " ;dirk" as "`a long straight-bladed dagger'" or "`a short sword.'" Wood v. Henry County Public Schools, 255 Va. 85, 95 n. 6, 495 S.E.2d 255, 261 n. 6 (quoting Webster's         Third New International Dictionary 642 (1981)); see also Richards v. Commonwealth, 18 Va.App. 242, 246 n. 2, 443 S.E.2d 177, 179 n. 2 (1994) (defining a dirk as "any stabbing weapon having two sharp edges and a point, including daggers, short swords, and stilettos"). A "dagger" is "a short knife used for stabbing," and its definition refers to a "stiletto." Webster's Third New International Dictionary 570 (1993). However, the definition of a "stiletto" is not particularly helpful, as it is defined as "a slender dagger with a blade that is thick in proportion to its breadth." Id. at 2243. The definition of a "sword" is more instructive: "a weapon with a long blade for cutting or thrusting set in a hilt usually terminating in a pommel and often having a tang or a protective guard where the blade joins the handle." Id. at 2314."
Thompson v. Com., 673 S.E.2d 469, 277 Va. 280 (2009)  

"Without two sharp edges and a protective guard, we conclude that the butterfly knife is not designed for stabbing purposes like a dagger, but rather for cutting purposes." Thompson v. Com., 673 S.E.2d 469, 277 Va. 280 (2009)
View Quote



Soooooo "Any double Edged Knife" with "a guard" then... I can tell you that i know someone found guilty of this, so it's defiantly prosecuted in the Commonwealth
Link Posted: 1/19/2022 12:38:55 PM EDT
[Last Edit: HokieErik] [#29]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dodge223:



Soooooo "Any double Edged Knife" with "a guard" then... I can tell you that i know someone found guilty of this, so it's defiantly prosecuted in the Commonwealth
View Quote



And people have been convicted for carrying a concealed weapon for having a box cutter, but the VA Supreme Court has also said that's a no-go.  Again, a big part of the analysis is whether or not the item can be considered a weapon.  People get convicted under erroneous interpretations of the law, that's why there are appellate courts to review those decisions.  Based on the analysis in Harris, your Home Depot double bladed tools are likely not weapons pursuant to the statute.  

Because we must strictly construe penal statutes, see Farrakhan, 273 Va. at 182, 639 S.E.2d at 230, we hold the subject box cutter is not a razor within the meaning of Code § 18.2-308(A). See In re Michael R., 120 Cal.App.4th 1203, 16 Cal.Rptr.3d 291, 292-93 (2004) (holding that a box cutter did not constitute a " ;razor with an unguarded blade" and was therefore not a weapon under the California statute at issue). Merely because a box cutter contains a sharp-edged, razor-type blade that is retractable does not mean that a box cutter meets the definition of the item " ;razor" enumerated in Code § 18.2-308(A).
Harris v. Com., 650 S.E.2d 89, 274 Va. 409 (2007)


In Farrakhan, we held "that in order to be a `weapon' within the definition of `weapon of like kind,' the item must be designed for fighting purposes or commonly understood to be a `weapon.'" 273 Va. at 182, 639 S.E.2d at 230. Like the kitchen knife at issue in that case, the box cutter that Harris was carrying concealed was not designed for fighting purposes. Nor can we say that a box cutter is commonly understood to be a weapon. As reflected by its dictionary definition, a box cutter is designed to open cardboard boxes. Therefore, we hold that the subject box cutter is not a "`weapon' within the definition of `weapon of like kind.'" Id.; see also Holley v. State, 877 So.2d 893, 896 (Fla.Dist.Ct.App.2004) (holding that a box cutter is not a "deadly weapon" under the Florida statute at issue).
Harris v. Com., 650 S.E.2d 89, 274 Va. 409 (2007)
Link Posted: 1/19/2022 3:24:00 PM EDT
[#30]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MikeDeltaFoxtrot:


Pay your money and take your chances.  I am a lawyer licensed in Virginia.  I have read all the Court of Appeals and Supreme Court of Virginia cases dealing with knives and 18.2-308.  I have no doubt they would conclude that "switchblade knife" means an automatic knife.  And remember, even if they conclude the item you were carrying isn't exactly the prohibited item, they then ask if it is a "weapon of like kind" which involves analyzing whether it has the same characteristics.  Not worth it in my judgment.

View Quote


I served as an ACA. I'm familiar.
Link Posted: 1/19/2022 4:18:47 PM EDT
[#31]
It is my understanding, from a knife dealer/ collector. Is that it is legal or collect autos for private collections. But ilegal to carry ( open or concealed) autos .
Link Posted: 1/19/2022 4:28:11 PM EDT
[#32]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By pevrs114:


But note that switchblade knife is not defined in 18.2-307.1. There's a LOT of room for play there.

It's also not defined in 18.2-311, which forbids the sale of certain weapons. Note that they define ballistic knife and spring stick, but not switchblade knife. That distinction is critical. It says they had the opportunity to do so, but chose not to. They painted themselves in a corner pretty bad there.

View Quote



Courts have used the common definition of switchblade, as found in Webster's.  

"A 'switchblade knife' is defined as 'a pocketknife having the blade spring-operated so that pressure on a release catch causes it to fly open.'..." Wood By and Through Wood v. Henry County Public Schools, 495 S.E.2d 255, 255 Va. 85 (1998)
Link Posted: 1/19/2022 4:55:01 PM EDT
[#33]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HokieErik:



And people have been convicted for carrying a concealed weapon for having a box cutter, but the VA Supreme Court has also said that's a no-go.  Again, a big part of the analysis is whether or not the item can be considered a weapon.  People get convicted under erroneous interpretations of the law, that's why there are appellate courts to review those decisions.  Based on the analysis in Harris, your Home Depot double bladed tools are likely not weapons pursuant to the statute.  

Because we must strictly construe penal statutes, see Farrakhan, 273 Va. at 182, 639 S.E.2d at 230, we hold the subject box cutter is not a razor within the meaning of Code § 18.2-308(A). See In re Michael R., 120 Cal.App.4th 1203, 16 Cal.Rptr.3d 291, 292-93 (2004) (holding that a box cutter did not constitute a " ;razor with an unguarded blade" and was therefore not a weapon under the California statute at issue). Merely because a box cutter contains a sharp-edged, razor-type blade that is retractable does not mean that a box cutter meets the definition of the item " ;razor" enumerated in Code § 18.2-308(A).
Harris v. Com., 650 S.E.2d 89, 274 Va. 409 (2007)


In Farrakhan, we held "that in order to be a `weapon' within the definition of `weapon of like kind,' the item must be designed for fighting purposes or commonly understood to be a `weapon.'" 273 Va. at 182, 639 S.E.2d at 230. Like the kitchen knife at issue in that case, the box cutter that Harris was carrying concealed was not designed for fighting purposes. Nor can we say that a box cutter is commonly understood to be a weapon. As reflected by its dictionary definition, a box cutter is designed to open cardboard boxes. Therefore, we hold that the subject box cutter is not a "`weapon' within the definition of `weapon of like kind.'" Id.; see also Holley v. State, 877 So.2d 893, 896 (Fla.Dist.Ct.App.2004) (holding that a box cutter is not a "deadly weapon" under the Florida statute at issue).
Harris v. Com., 650 S.E.2d 89, 274 Va. 409 (2007)
View Quote



Can it be argued that a tool I.e. a hammer or my Home Depot insulation knife can be pressed into service as a weapon if the intent is there?
Link Posted: 1/19/2022 5:14:21 PM EDT
[#34]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Dodge223:



Can it be argued that a tool I.e. a hammer or my Home Depot insulation knife can be pressed into service as a weapon if the intent is there?
View Quote



You can argue it, but I don't think, based on the current state of the law, that it would be a winning argument, at least for purposes of 18.2-308.  Sticking with the knife, because I don't think there's really a way to shoe horn in a hammer as a "weapon of like kind," the insulation knife is designed as a tool, to be utilized for a non-combative purpose.  I would draw parallels between that and a box cutter (which is a razor) or a kitchen knife, both of which have been affirmatively found to be not weapons as they are not designed for combat.  

For other sections, such as 18.2-93 (entering a bank with a deadly weapon with the intent to commit larceny), your hammer or insulation knife might qualify if actually used in a violent manner.
Link Posted: 1/19/2022 6:55:17 PM EDT
[#35]
HokieErik is correct.  Here is the money quote from the seminal case.  Conviction of a guy for carrying a concealed steak knife was reversed. The purpose for which it was carried does not matter.  What matters are the characteristics of the item.

After finding that the knife had "an appearance of being a common kitchen steak knife," the trial judge convicted Ricks because the knife was "not . . . being carried for ordinary purposes." The trial judge erroneously relied on the purported purpose of Ricks' possession of the knife to convict Ricks of the offense. Unless a claim is made that a circumstance specified in Code § 18.2-308(B) (listing exclusions from coverage) or (C) (exempting certain individuals from coverage) is applicable, the language of the statute does not provide that the purpose for carrying the knife is relevant. Rather, the physical characteristics of the knife determine whether the knife is a weapon contemplated by the statute. Therefore, even if the trial judge believed Ricks did not use the knife for fishing and believed Ricks was not carrying it "for ordinary purposes," the knife did not have the physical characteristics of the weapons specified in Code § 18.2-308(A)(ii) and, thus, could not be deemed a "weapon of like kind as those enumerated." Code § 18.2-308(A)(v).

Ricks v. Commonwealth, 27 Va. App. 442, 445, 499 S.E.2d 575, 576 (1998)
View Quote
Link Posted: 1/20/2022 4:55:08 PM EDT
[Last Edit: pevrs114] [#36]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By BIG-DUKE-6:
It is my understanding, from a knife dealer/ collector. Is that it is legal or collect autos for private collections. But ilegal to carry ( open or concealed) autos .
View Quote


It is illegal to possess them with the intent to sell.

Carrying one on your person is *prima facia* intent to sell.

Prima facia evidence can be overcome.

Link Posted: 1/26/2022 3:54:42 PM EDT
[Last Edit: Mudzilla] [#37]
Link Posted: 1/26/2022 4:37:51 PM EDT
[#38]
Good stuff here, thanks!
Link Posted: 1/27/2022 12:36:28 AM EDT
[#39]
Thatwaseasybutton.jpg
Link Posted: 1/31/2022 11:54:57 PM EDT
[#40]
It’’s such an idiotic law, and one that is rarely if ever enforced. I can legally conceal carry an AR pistol, but not a knife that deploys by way of a button.
Link Posted: 2/1/2022 7:16:21 AM EDT
[#41]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MikeDeltaFoxtrot:
Carrying an automatic knife concealed is a violation of 18.2-308.  It is a Class 1 Misdemeanor.  A second violation is a class 6 felony.

Link To Statute

Would be great to get this changed.
View Quote

So, you can open carry auto knives?
Link Posted: 2/1/2022 7:20:51 AM EDT
[#42]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Tiempos_Peligrosos:

So, you can open carry auto knives?
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Tiempos_Peligrosos:
Originally Posted By MikeDeltaFoxtrot:
Carrying an automatic knife concealed is a violation of 18.2-308.  It is a Class 1 Misdemeanor.  A second violation is a class 6 felony.

Link To Statute

Would be great to get this changed.

So, you can open carry auto knives?


Maybe.  The question is whether you would be in violation of 18.2-311 as discussed above.
Link Posted: 2/11/2022 12:15:13 PM EDT
[Last Edit: Ben_Shockley] [#43]
SB 758 passed out of SCoJ unanimously and is now on the calendar.  I seem to recall in recent years similar bills sailed through the GA only to be vetoed by McAuliffe and Northam.  Hopefully Governor Youngkin will be different!  Considering Todd Pillion is a Republican and the patron of the bill I fully expect Youngkin to sign it.  I mean, damn, even Dick Saslaw thinks the prohibition is dumb.

It should be voted on Monday in the Senate and then it will make its way through the House.
Link Posted: 2/11/2022 12:58:27 PM EDT
[#44]
Actually, I was wrong.  SB758 just passed in the uncontested bloc so it will be off to the House next week.
Link Posted: 2/11/2022 6:57:12 PM EDT
[#45]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Ben_Shockley:
Actually, I was wrong.  SB758 just passed in the uncontested bloc so it will be off to the House next week.
View Quote


Hopefully this will cost me some money… in a good way!!
Link Posted: 2/15/2022 9:15:41 AM EDT
[#46]
Can someone smarter than me explain SB758. I don’t understand how it legalizes switchblades based off the wording of the bill. Maybe I’m just R-worded.
Link Posted: 2/15/2022 9:53:53 AM EDT
[#47]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Jdub16:
Can someone smarter than me explain SB758. I don’t understand how it legalizes switchblades based off the wording of the bill. Maybe I’m just R-worded.
View Quote



Because it deletes the word "switchblade" from the list of prohibited items under 18.2-311.  

The proposed language is here.  

It does not impact 18.2-308, therefore it would still be illegal to carry a concealed switchblade.
Link Posted: 2/15/2022 10:11:47 AM EDT
[#48]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By HokieErik:



Because it deletes the word "switchblade" from the list of prohibited items under 18.2-311.  

The proposed language is here.  

It does not impact 18.2-308, therefore it would still be illegal to carry a concealed switchblade.
View Quote


Ok, that makes more sense. Thanks
Link Posted: 2/15/2022 12:58:09 PM EDT
[#49]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Jdub16:


Ok, that makes more sense. Thanks
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Jdub16:
Originally Posted By HokieErik:



Because it deletes the word "switchblade" from the list of prohibited items under 18.2-311.  

The proposed language is here.  

It does not impact 18.2-308, therefore it would still be illegal to carry a concealed switchblade.


Ok, that makes more sense. Thanks


It needs to be approached incrementally.  I can't really see how you could reasonably open carry an automatic pocketknife, but maybe we can get in removed from 18.2-308 in a future year.  At least collectors and people who just think they are cool can have them at home.
Link Posted: 2/15/2022 1:16:06 PM EDT
[#50]
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MikeDeltaFoxtrot:


It needs to be approached incrementally.  I can't really see how you could reasonably open carry an automatic pocketknife, but maybe we can get in removed from 18.2-308 in a future year.  At least collectors and people who just think they are cool can have them at home.
View Quote View All Quotes
View All Quotes
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By MikeDeltaFoxtrot:
Originally Posted By Jdub16:
Originally Posted By HokieErik:



Because it deletes the word "switchblade" from the list of prohibited items under 18.2-311.  

The proposed language is here.  

It does not impact 18.2-308, therefore it would still be illegal to carry a concealed switchblade.


Ok, that makes more sense. Thanks


It needs to be approached incrementally.  I can't really see how you could reasonably open carry an automatic pocketknife, but maybe we can get in removed from 18.2-308 in a future year.  At least collectors and people who just think they are cool can have them at home.


I suppose being clipped to a belt would not be concealed in any way.

I'm not familiar with VA law but my guess is that "concealed" is probably not defined in any meaningful way. It could potentially be argued that a visible pocket clip and part of the handle above the clip being exposed is not "concealed", as any rational person could identify it as a knife in your pocket.
Arrow Left Previous Page
Page / 2
Close Join Our Mail List to Stay Up To Date! Win a FREE Membership!

Sign up for the ARFCOM weekly newsletter and be entered to win a free ARFCOM membership. One new winner* is announced every week!

You will receive an email every Friday morning featuring the latest chatter from the hottest topics, breaking news surrounding legislation, as well as exclusive deals only available to ARFCOM email subscribers.


By signing up you agree to our User Agreement. *Must have a registered ARFCOM account to win.
Top Top