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Knife laws? Conceal, Open carry, Out-of-state?

Joined
Jul 24, 2012
Messages
8
Location
Shepherdsville, Kentucky
I will be traveling through Virginia soon I was wondering some different things.

1. Are there any knives that are completely outlawed?
2. Without a CDWL What type of knife or weapon can one conceal?
3. Is there a clear definition of what is considered open carry?
4. What can a minor open Carry?
5. What can a minor conceal?
6. Are there any laws that someone out-of-state would be exempt from regarding pocket tools/weapons?

Thank you for all of your help.
 

mobeewan

Regular Member
Joined
Oct 5, 2007
Messages
652
Location
Hampton, Va, ,
In Virginia the open carry of firearms is legal since there is no law against it. Fire arms are prohibited in certain places and certain firearms with certain features are not allowed open or concealed in certain cities and counties unless you have a CHP. For concealed carry we have Concealed Handgun Permits (CHP's). You cannot carry any other item deemed by law to be a concealed weapon even with the permit or an out of state CHP, CWP, CCP, CCW or whatever even if Virginia recognizes your out of state permit, It is handguns only. See the link below (section 18.2-308) of the Virginia Code. It lists prohibited weapons for concealed carry and also mentions weapons deemed to be "weapons of like kind". Some Virginia case law expands on what is considered to be a "weapon of like kind". Generally pocket knives are okay, don't know of any blade length requirements except for as possesed on school grounds. Some cities have knife ordinances that prohibit certain knives beyond what state law prohibits. I used to carry a 3-1/2 inch Spyderco in my hip pocket with the clip and top of knife visible, but switched to one 2-3/4 inch that will cut someone just as bad. Some cities prohibit knives with blades longer than 3 inches. I came across info a few years ago that prohibited lock blade knives in Richmond. Last year the Supreme Court of Virginia rendered a decision that box cutters were not weapons of like kind.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
 
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Joined
Jul 24, 2012
Messages
8
Location
Shepherdsville, Kentucky
In Virginia the open carry of firearms is legal since there is no law against it. Fire arms are prohibited in certain places and certain firearms with certain features are not allowed open or concealed in certain cities and counties unless you have a CHP. For concealed carry we have Concealed Handgun Permits (CHP's). You cannot carry any other item deemed by law to be a concealed weapon even with the permit or an out of state CHP, CWP, CCP, CCW or whatever even if Virginia recognizes your out of state permit, It is handguns only. See the link below (section 18.2-308) of the Virginia Code. It lists prohibited weapons for concealed carry and also mentions weapons deemed to be "weapons of like kind". Some Virginia case law expands on what is considered to be a "weapon of like kind". Generally pocket knives are okay, don't know of any blade length requirements except for as possesed on school grounds. Some cities have knife ordinances that prohibit certain knives beyond what state law prohibits. I used to carry a 3-1/2 inch Spyderco in my hip pocket with the clip and top of knife visible, but switched to one 2-3/4 inch that will cut someone just as bad. Some cities prohibit knives with blades longer than 3 inches. I came across info a few years ago that prohibited lock blade knives in Richmond. Last year the Supreme Court of Virginia rendered a decision that box cutters were not weapons of like kind.

http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

I really appreciate your reply. Thanks.

Sorry, but could to address what you said with each numbered question? sorry, just trying to make sure I understood what you have said. Also, if you know anything about it, and maybe not, but I'm talking about like Marion/Chilhowie area. Thanks for your help.
 

Uber_Olafsun

Regular Member
Joined
Dec 9, 2009
Messages
583
Location
Alexandria, Virginia, United States
I carry a gerber, s&w, spyderco or various based on what I feel for the day and to keep myself ready for quick opening. I have zero problems with anybody asking about knives and it seems most realize they are tools not autonomous devices of chaos.
 

peter nap

Accomplished Advocate
Joined
Oct 16, 2007
Messages
13,551
Location
Valhalla
The local laws like Richmonds are not enforcable either.
Dillon Rule!

The state laws quoted above are all you need worry about.
 

Grapeshot

Legendary Warrior
Joined
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Messages
35,317
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Valhalla
I cut you so bad, you gonna wish i hadn't cut you so bad!

The pocket knife laws are non-existent as far as length goes.

Not exactly - there are numerous city/county ordinances on the books with a variety of lengths.

Full state preemption on defensive tools would correct the problem of guilt by where you stand - two feet to the left or right should not determine quilt or innocence.
 

The Airframer

Regular Member
Joined
Mar 3, 2012
Messages
171
Location
Virginia Beach
Not exactly - there are numerous city/county ordinances on the books with a variety of lengths.

Full state preemption on defensive tools would correct the problem of guilt by where you stand - two feet to the left or right should not determine quilt or innocence.


I dug around VB ordinances/VA state law and couldn't find anything regarding length of blade regulations before I responded to thread initially. Am I missing something?

Maybe he would've had a better question had he originally asked if there were any pocket knife blade length restrictions in the specific area he planned to visit/pass though?

I always carry a near 4 inch Buck sharper than a Samurai sword on a good day.
 
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mobeewan

Regular Member
Joined
Oct 5, 2007
Messages
652
Location
Hampton, Va, ,
City of Richmond

Sec. 66-347. - Clasp knives.

It shall be unlawful for any person to have in such person's possession or to offer or sell or to sell a clasp knife having a blade more than 3 1/4 inches in length.

(Code 1993, § 20-154)



http://en.wikipedia.org/wiki/Pocket_knife

Look under Lock blade knives at near bottom of page

Knives with locking blades, often referred to as lock-blade knives or clasp knives, have a locking mechanism that locks the blade into its fully opened position. This lock must be released in a distinct action before the knife can be folded. The lock-blade knife improves safety by preventing accidental blade closure while cutting. It is this locking blade feature that differentiates the lock-blade knife from either the peasant knife or the slipjoint spring-back knife.

Lock-blade knives have been dated to the 15th century. In Spain, one early lock-blade design was the Andalusian clasp knife popularly referred to as the navaja.[15] Opinel knives use a twist lock, consisting of a metal ferrule or barrel ring that is rotated to lock the blade either open or closed. In the late 20th century lock-blade pocket knives were popularized and marketed on a wider scale. Companies such as Buck Knives, Camillus, Case, and Gerber, created a wide range of products with locks of various types. The most popular form, the lockback knife, was popularized by Buck Knives in the 1960s, so much that the eponymous term "buck knife" was used to refer to lockback knives that were not manufactured by Buck.

The lockback's blade locking mechanism is a refinement of the slipjoint design; both utilize a strong backspring located along the back of the knife. However, the lockback design incorporates a hook or lug on the backspring, which snaps into a corresponding notch on the blade's heel when the blade is fully opened, locking the blade into position.[16] Closing the blade requires the user releasing the blade to apply pressure to the bar spring located towards the rear of the knife handle to disengage the hook from the notch and thus release the blade.[17]

The Walker Linerlock and the framelock came to prominence in the 1980s. In both designs the liner inside the knife is spring-loaded to engage the rear of the blade when open and thus hold it in place.[17] In the case of the framelock, the liner is the handle, itself. The Swiss Army knife product range has adopted dual linerlocks on their 111 mm models. Some models feature additional "positive" locks, which essentially ensure that the blade cannot close accidentally. CRKT has patented an "Auto-LAWKS" device, which features a second sliding switch on the hilt. It can operate as any liner-lock knife if so desired, but if the user slides the second control up after opening, it places a wedge between the liner-lock and the frame, preventing the lock from disengaging until the second device is disabled.
 
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Tyeo098

Regular Member
Joined
Aug 14, 2012
Messages
15
Location
NoVA
I carry a semi-auto (assisted or what-have-you) CRKT Ignitor right under my carry gun.
 

Grapeshot

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Messages
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Valhalla
Quotes from another thread - reposted

[
This is what I found as far as current local ordinances. I agree that preemption is needed as well as cleanup of existing law. I don't know why anyone would care whether I carried a dirk or dagger vs another hunting knife. They are all sharp. :) I have a few fixed blade knives I would like to CC but can't because they fall into those categories.

(the board removes all spaces) :-(....--Moderator--fixed it for you : )

Amherst Co. VA 12-25 in any park to have in his possession any knife with a blade of more than three (3) inches

Ashland, VA 12-12 hidden from common observation, clasp knife having a blade more than (3 1/4) inches in length,

Chesterfield, Co. VA 15-210 to operate a taxicab at any time with a knife with a blade longer than 3"

Danville, VA 39-31. & 23-52. to operate a taxicab at any time with a knife with a blade longer than 3" / No Knife on buses and at bus stops

Farmville, VA 18-48 to have in his possession a clasp knife having a blade more than three and one-quarter (3 1/4) inches

Fauquier Co. VA 16-7 for any person to use, carry or have in his possession any knife with a blade of more than 3" in any park.

Hanover Co. VA 22.1-47. operate and drive a for-hire car with a knife with a blade longer than three (3) inches in length in his possession,

Henrico Co. VA 21-139. operate and drive a for-hire car with a knife with a blade longer than three (3) inches in length in his possession,

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

Pulaski, VA 70-132. Parades/Rallies/Noncommercial Gatherings No participant shall carry knives/edged weapons, either openly or concealed.

Richmond, VA 66-347. knife having a blade more than 3 1/4 inches in length./ drive a taxicab with a blade longer than three inches


That's exactly right!

Now the funny thing is that since Va. is a Dillon Rule state, all those silly a$$ Muni Laws listed above that specify blade length except as noted,are unenforceable.

They could pull a cabbies license for carrying but they couldn't charge him with a crime ..IMO.
These are the only legitimate ones in the list that I see.

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


But...we keep quoting them as if they're the Gospel.
 
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