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Posted: 2/16/2022 5:56:41 PM EDT
[#1]
Quote HistoryQuoted: 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. It's defined in case law as "hidden from common observation." Edit - and the statute. |
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Posted: 2/22/2022 5:03:36 PM EDT
[#2]
Little post-crossover day update. SB 758 had its first reading this morning in the House of Delegates and was referred to what used to be MPPS but is now the Committee on Public Safety. HCPS has not yet announced the agenda for the next meeting (Friday) so I am not sure when it will be heard in committee but I will keep you all posted.
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Posted: 2/24/2022 4:31:27 PM EDT
[#3]
SB 758 has been docketed for Friday's meeting of the House Committee on Public Safety. HCPS meets at 8AM Friday morning. Assuming it passes out of committee it would be reported to the full House tomorrow afternoon.
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Posted: 2/24/2022 5:24:05 PM EDT
[#4]
I do appreciate the updates.
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Posted: 2/25/2022 8:09:58 PM EDT
[#5]
SB 758 passed out of committee this morning and is now before the whole House. It will be voted on sometime next week and, assuming it passes without amendment, will be ready for Governor Youngkin's signature.
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Posted: 2/26/2022 10:12:24 PM EDT
[#6]
Quote HistoryQuoted: I've always heard it was legal for handicapped person to carry switchblades in Virginia. Is this true? That is the understanding in my area of the state as well. Even the understanding of local law enforcement. |
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Posted: 3/1/2022 6:55:04 PM EDT
[#7]
SB 758 is now on its second reading and, assuming it isn’t passed by for the day for some reason, will be voted on by the full House tomorrow.
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Posted: 3/1/2022 7:22:57 PM EDT
[#8]
Fingers crossed.
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Posted: 3/2/2022 2:07:41 PM EDT
[#9]
Quote HistoryQuoted: Fingers crossed. Has the governor given any indication of his position on the bill? |
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Posted: 3/2/2022 5:57:17 PM EDT
[#10]
SB 758 passed the House today. It will now be signed by the Speaker and Lieutenant Governor and presented to the Governor.
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Posted: 3/2/2022 6:02:32 PM EDT
[#11]
Quote HistoryQuoted: SB 758 passed the House today. It will now be signed by the Speaker and Lieutenant Governor and presented to the Governor. Awesome!  Guess what I missed by less than 5 minutes today… Attached FileWould have been perfect to have it in hand today. Damn signature delivery 
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Posted: 3/2/2022 6:07:18 PM EDT
[#12]
Quote HistoryQuoted: SB 758 passed the House today. It will now be signed by the Speaker and Lieutenant Governor and presented to the Governor. Quote HistoryQuoted: SB 758 passed the House today. It will now be signed by the Speaker and Lieutenant Governor and presented to the Governor. Excellent! Quoted: Awesome! Guess what I missed by less than 5 minutes today…https://www.ar15.com/media/mediaFiles/281418/image_jpg-2298978.JPGWould have been perfect to have it in hand today. Damn signature delivery Well, technically you're still not legal. |
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Posted: 3/2/2022 6:15:06 PM EDT
[#13]
Quote HistoryQuoted: Excellent! Well, technically you're still not legal. It’s for my collection. |
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Posted: 3/9/2022 10:21:44 PM EDT
[#14]
Looks like it's pending the Governor's signature.
03/04/22 Governor: Governor's Action Deadline 11:59 p.m., March 11, 2022 https://lis.virginia.gov/cgi-bin/legp604.exe?221+cab+SC10125SB0758+SRREF |
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Posted: 3/9/2022 11:20:06 PM EDT
[#15]
Does this bill also make it legal to carry autos? I’m hearing mixed opinions, and a VCDL email from a week or so ago specifically said it does not legalize carrying, however, the the language in the bill makes no mention of carrying.
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Posted: 3/9/2022 11:25:07 PM EDT
[#16]
Quote HistoryQuoted: Does this bill also make it legal to carry autos? I’m hearing mixed opinions, and a VCDL email from a week or so ago specifically said it does not legalize carrying, however, the the language in the bill makes no mention of carrying. Correct, this bill does not impact carrying, just possession. If it’s listed in 18.2-308, it’s still illegal to carry concealed. |
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Posted: 3/9/2022 11:29:20 PM EDT
[#17]
Quote HistoryQuoted: Correct, this bill does not impact carrying, just possession. If it’s listed in 18.2-308, it’s still illegal to carry concealed. Is clipped inside a pocket, with the clip and top of knife visible, considered concealed? I’ve never paid much attention to non firearm concealed weapons laws before. |
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Posted: 3/10/2022 10:48:37 AM EDT
[#18]
Quote HistoryQuoted: Is clipped inside a pocket, with the clip and top of knife visible, considered concealed? I’ve never paid much attention to non firearm concealed weapons laws before. Quote HistoryQuoted: Is clipped inside a pocket, with the clip and top of knife visible, considered concealed? I’ve never paid much attention to non firearm concealed weapons laws before. The text of the 18.2-308 says "If any person carries about his person, hidden from common observation..." So the element so the offense are carrying the automatic knife "about your person" while it is also "hidden from common observation." I would tread carefully. In one case, the Court Appeals found that a pistol sticking out of the defendant's pocket a couple of inches was concealed for purposes of the statute: Under this standard, Deputy Spencer had probable cause to believe Slayton was carrying a concealed weapon in violation of Code § 18.2-308. Except for a "couple of inches" of the butt of the handgun protruding from Slayton's pocket, the rest of the weapon was completely hidden. And even those "couple of inches" were observed by Deputy Spencer only during the close-quarters encounter of a weapons frisk, not beforehand. A reasonable probability exists, therefore, that Slayton's firearm both at the time of the pat-down and during the few moments immediately preceding it was "hidden from all except those with an unusual or exceptional opportunity" to observe it. Slayton v. Commonwealth, 41 Va. App. 101, 106-07, 582 S.E.2d 448, 450 (2003) Then there is this case, where the butt of the pistol was covered by a duffel bag sung over the defendant's shoulder: The officer later testified that he did not see the gun when he first saw the defendant because "of the bag over his right side." Similarly, the trial court could have reasonably inferred that the gun was not visible to the officer because it was covered with the duffle bag. If the gun was in the defendant's right rear pocket and its handle, the only part extending outside of his pocket, was covered by the duffle bag, the weapon was hidden from common observation. It was hidden from all except those with an unusual or exceptional opportunity to view it. The defendant had no permit to carry a weapon so hidden from public view. Therefore, his concealment of it in this fashion was unlawful. Main v. Commonwealth, 20 Va. App. 370, 372-73, 457 S.E.2d 400, 401-02 (1995) |
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Posted: 3/11/2022 5:11:57 PM EDT
[#19]
The Governor signed SB 758 into law! Starting July 1 switchblades are legal in the Commonwealth of Virginia!
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Posted: 3/11/2022 5:53:11 PM EDT
[#20]
Quote HistoryQuoted: The Governor signed SB 758 into law! Starting July 1 switchblades are legal in the Commonwealth of Virginia! Excellent. Next year we need to get the removed from 18.2-308. |
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Posted: 3/11/2022 7:46:29 PM EDT
[#21]
Quote HistoryQuoted: Excellent. Next year we need to get the removed from 18.2-308. So based on what you posted above, we still can’t carry them? |
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Posted: 3/11/2022 7:55:26 PM EDT
[#22]
Quote HistoryQuoted: So based on what you posted above, we still can’t carry them? Quote HistoryQuoted: Quoted: Excellent. Next year we need to get the removed from 18.2-308. So based on what you posted above, we still can’t carry them? Well, the new law doesn't take effect until July 1. But even then, you won't be able to legally carry one concealed. I am in TN at the moment, and I purchased a Buck 110 automatic. I'll bring ii to Virginia after 7/1. I am thinking of open carrying it in a belt sheath just for the freedom. I would not put one in my pocket. |
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Posted: 3/13/2022 12:12:31 AM EDT
[#23]
But at least now we can order them/buy them in good conscience!
ETA- so now can we legally possess the German gravity knives. As of July 1? |
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