• Former JAG

    Attorney Shawn Cline has international experience in military and civilian defense cases.

    Why Choose Us?
  • "Excellent Attorney"

    The Law Office of Shawn M. Cline comes highly recommended by former clients and other firms!

    Read Testimonials
  • Military Defense

    We offer military discounts as a small token of gratitude to our service members.

    More Info
  • Free Consult

    Discuss your case with a knowledgeable Virginia Beach defense attorney before it’s too late.

    Contact Us Now

Virginia Knife Laws

In the Commonwealth of Virginia:

It is legal to own any type of knife. It is also legal to open carry any type of knife.

The state restrictions deal with what you can and cannot conceal carry when moving about Virginia.

Concealed Carry

The statute states "if any person carries about his person, hidden from observation" the items that follow below, then they are in violation of the code. The statute also proscribes that hidden from observation is to mean that the item or instrument is "observable, but is of such deceptive appearance as to disguise the weapons true nature." The Virginia Supreme Court has interpreted "about the person" to not only be directly on a person, but also if the item is in arm's length of the person, such as in a bag or container near the person, or readily accessible. Va. Code Ann. 18.2 §308

The two important elements of the concealed carry portion of the statute are:

  1. the hidden or deceptive appearance of the item and
  2. accessibility

Types of Knives Illegal to Conceal Carry in Virginia:

  • Dirk (long dagger)
  • Bowie Knife
  • Switchblade
  • Ballistic Knife (automatic knife)
  • Machete
  • Razor
  • Throwing Stars/Darts
  • Any of the like kind of this list

Definitions

The statute only defines a ballistic knife as a knife with a detachable blade, that is propelled by a spring-operated mechanism; this is commonly known as an automatic knife. The code doesn't define the others, but the court will look at the purpose of carrying the item in determining if it is a weapon within the meaning of the law.

In summation, almost all EDC (everyday carry) folding knives are legal to conceal carry unless they fit into one of the above category, or are of the like kind of one those specified knives. An example of this would be when the Virginia Supreme Court held that an open balisong or butterfly knife closely resembled a dirk, and thus was in violation of the law. Fixed blade knives (bushcraft, survival, tactical) will depend on the length of the blade and purpose for which you intend to use the knife, if you intend to conceal carry. Otherwise, belt knives of any kind are legal to carry if it is obvious that the object is a knife.

Sources:

Va. Code Ann. 18.2 §308

http://www.knifeup.com/virginia-knife-laws/

Categories: Weapons Charges
  • Former JAG

    Attorney Shawn Cline has international experience in military and civilian defense cases.

    Why Choose Us?
  • "Excellent Attorney"

    The Law Office of Shawn M. Cline comes highly recommended by former clients and other firms!

    Read Testimonials
  • Military Defense

    We offer military discounts as a small token of gratitude to our service members.

    More Info
  • Free Consult

    Discuss your case with a knowledgeable Virginia Beach defense attorney before it’s too late.

    Contact Us Now
Law Office of Shawn M. Cline, PC
- Virginia Beach Criminal Defense Attorney
4445 Corporation Lane
Virginia Beach, VA 23462. View Map
Hampton Location:
21A E. Queens Way
Hampton, VA 23669

Phone: (757) 209-2328
Website:
© 2017 All Rights Reserved.

When You're

Ready to talk

Our firm is ready to listen. Call for a FREE case consultation.

Call Toll-Free 757.209.2328
Internet Marketing Experts The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.