![]() ![]() Rather the charge is that the defendant possessed a “weapon of like kind.” The flexibility allowed prosecutors and lower courts to expansively construe “of like kind” very broadly. ![]() The reported concealed knife cases in Virginia suggest that prosecutors do not charge defendants with possession of a dirk or bowie. A “switchblade knife” is “a pocketknife having the blade spring-operated so that pressure on a release catch causes it to fly open.” (Citations omitted.) A “bowie knife” is “a large hunting knife adapted for knife-fighting” with a “10 to 15 inch long” blade. Commonwealth 673 S.E.2d 469 (2009) taken from Webster’s Third New International Dictionary:Ī “dirk” is “a long straight-bladed dagger or a short sword”. The Virginia Supreme Court stated definitions for the listed knives in a footnote to the case of Thompson v. razor, or (v) any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor. (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete. If any person carries about his person, hidden from common observation. The listed cutting instruments are “dirk, bowie knife, switchblade knife, ballistic knife, machete,” and “razor.” None of the listed types except “ballistic knife” are statutorily defined. Various firearms, cutting instruments, impact, as well as projectile weapons are restricted under 18.2-308. This definition would probably exclude knives having a “bias toward closure.” See Understanding Bias Toward Closure and Knife Mechanisms for additional explanation. Several statutes impose restrictions applicable to a “switchblade knife” 18.2-309 (transfer of weapons to minors.) In the absence of a statutory definition, the Virginia Supreme Court adopted a dictionary definition for such an item in the case of Thompson v Commonwealth, 673 S.E.2d 467 (2009):Ī “switchblade knife” is “a pocketknife having the blade spring-operated so that pressure on a release catch causes it to fly open.” It remains unlawful to conceal carry such knives. Discussion: Automatic KnivesĮffective July 1, 2022, the possession and transfer restrictions applicable to any “switchblade” knife have been repealed. Carrying weapon in air carrier airport terminal provides a uniform statewide rule for airport terminals. Preemption of local regulation or statewide uniformity pertaining to knives does not obtain in Virginia except for airports. Location-based restrictions exist for schools, places of religious worship, courthouses, and airports. Restrictions on Carry in Specific Locations/Circumstances: It is unlawful per 18.2-311 to sell, barter, give, or furnish a “ballistic knife.” It is a Class 1 Misdemeanor per 18.2-309 to furnish a switchblade knife, dirk, or bowie knife to a minor. A statutory definition is supplied only for “ballistic knife.” The Virginia Supreme Court has adopted dictionary-sourced definitions for “dirk” and “bowie knife.” (See discussion below concerning 18.2-308 – concealed carry – restrictions.) Restrictions on Sale or Transfer: Concealed Carry:Īny “dirk, bowie knife, switchblade knife, ballistic knife, machete,” or “razor” may not be carried concealed. Virginia law does not forbid the ownership of any knife types, although “ballistic” knives are restricted to the point of a practical prohibition. Forfeiture of weapons that are concealed, possessed, transported, or carried in violation of law Prohibited Knives: Prohibiting the selling or having in possession blackjacks, etc. Furnishing certain weapons to minors penalty.ġ8.2-311. Possession or transportation of firearms, firearms ammunition, stun weapons, explosives, or concealed weapons by convicted felons penalties petition for restoration order, when issuedġ8.2-309. Possession of firearm, stun weapon, or other weapon on school property prohibited, penalty.ġ8.2-308.2. Carrying concealed weapons exceptions penalty.ġ8.2-308.1. Definitions (provides definition for “ballistic knife”)ġ8.2-308. Carrying weapon in air carrier airport terminal.ġ8.2-307.1. Carrying weapon into courthouse.ġ8.2-287.01. Carrying dangerous weapon to place of religious worship.ġ8.2-283.1. Brandishing a machete or other bladed weapon with intent to intimidate, penalty.ġ8.2-283. Conceal carry restrictions apply to “dirks,” “switchblade knives,” and “bowie knives.” Relevant Statutes:ġ8.2-282.1. Virginia state knife law imposes few restrictions on non-automatic pocketknives which have a folding metal blade less than three inches in length. ![]() Less than three inches is the maximum length of a folding pocket knife which may be lawfully possessed on school grounds. Possession of any knife with the exception of a pocket knife having a folding metal blade of less than three inches is a Class 1 Misdemeanor. It is unlawful to conceal carry a dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, throwing star, oriental dart, or “any weapon of like kind.” Schools: ![]()
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