Virginia knife laws

Not sure why I didnt start this section years ago.
But lets get it going.

I'll start by posting a website I found on knife laws.
Laws change so keep us posted when they do.
http://www.knifeup.com/virginia-knife-laws/

However...

Code of Virginia § 18.2-311.

If any person sells or barters, or exhibits for sale or for barter, or gives or furnishes, or causes to be sold, bartered, given or furnished, or has in his possession, or under his control, with the intent of selling, bartering, giving or furnishing, any blackjack, brass or metal knucks, any disc of whatever configuration having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart, switchblade knife, ballistic knife as defined in § 18.2-307.1, or like weapons, such person is guilty of a Class 4 misdemeanor. The having in one's possession of any such weapon shall be prima facie evidence, except in the case of a conservator of the peace, of his intent to sell, barter, give or furnish the same.

There are lots of Muni laws on the books here in VA with regards to knife blade length etc..

However, VA. is a Dillion Rule State(Common Wealth), all those silly Muni Laws that specify blade length etc..except those that basically mirror State law, are unenforceable.

State law:
https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308/

https://law.lis.virginia.gov/vacode/title18.2/chapter7/section18.2-308.1/


These basically mirror State Law: enforceable:

Norfolk, VA 47-6. on any public/private/parochial/elementary/middle/high school, including buildings & grounds, W/blade 3" or longer

Petersburg, VA 74-207. on any public/private/parochial/elementary/middle/high school, including buildings & grounds, W/blade 3" or longer



Than there is case law:

There is far too much subjectivity and fluidity with respect to the terms “dirk, “bowie knife” and/or “switchblade.” The problem is further compounded by the provisions of § 18.2-308A (v), where “any weapon of like kind as those enumerated . . .” is included. The test for determining whether a given knife comes within the statutory prohibition has been stated by the Supreme Court of Virginia in the case of Farrakhan v. Commonwealth of Virginia, 639 S.E.2d 227 (2007).

https://www.courtlistener.com/opinio...rrakhan-v-com/

Terms, such as “dirk,” “bowie knife” and “switchblade knife” are not statutorily defined. Whether a particular knife is a dirk or bowie knife, or for that matter “any weapon of like kind as those enumerated,” is an issue to be reserved by the fact finder, whether it be a jury, or in the case of a bench trial, the judge. Delcid v. Commonwealth of Virginia, 526 S.E.2d 273 (2000).

https://www.leagle.com/decision/2000799526se2d2731791


I was recently reminded of the above and thought I'd share, least we forget! I DID!


The VA Supreme court has already decided these aren't weapons or weapons of like kind:


http://www.courts.state.va.us/opinio...wp/2074072.pdf


MCmillian Vs Commonwealth = scuba knife


Farrakhan v. Commonwealth = kitchen knife


Thompson v. Commonwealth = butterfly knife


I'm no legal scholar..do your own research...

Switchblade (auto, auto-open, automatic, switch) Knives
The only United States law regarding auto-open (automatic) knives is referred to as the Federal Switchblade Act. The act regulates the manufacture and introducing of switchblades into interstate (crossing state lines) commerce. It has NO application to individual consumers, or most merchants who sell knives. It has NO application to laws WITHIN a state.
The legislation (Public Law 85-623) was passed August 12, 1958 and incorporated into law in two sections. The first section prohibits importation and interstate commerce of switchblades or gravity knives and the second section prohibits automatics from being mailed through the U.S. Postal Service (with some exceptions – See U.S. Title 18 below).
There is no federal restriction on ownership, possession or carrying of a switchblade knife. There are some states that have enacted laws regarding switchblades (see State Laws Regarding Auto-Open Knives). The majority of states allow auto-open knives.
There is no Federal restriction on the sale of auto-open knives within the 50 states. There are some state laws with restrictions regarding selling switchblades (see State Laws Regarding Auto-Open Knives).
There are no Federal restrictions on other carriers such as UPS or FedEx regarding automatic knives. The Federal Switchblade Act only prohibits sending automatics through the U.S. Postal Service.

From direct personal experience,you are at the mercy(droll thought there!) of the officer.

Quite a while ago,I was pulled for speeding on Cary Street in Richmond.The speedo was off on the motorcycle,admitted;and I am not the most 'pretty' looking rider,but the officer was a bunghole.Had a set of soft bags across the female dog pad,and a lot of 19th. century bayonets stuffed in there,some with handles out(was going to a show).By the time I had the kickstand down and the motor off;the "officer" was at about 3 feet from me with weapon drawn and finger in the guard.

Long story short,arrested and charges with"concealed weapons".Charge was dropped by the presiding judge,but cost me about $1000 in lost sales,and about 20 hours time from work.

Quit reading as soon as I connected Dusty and Speedo...

Love the Quote