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Open carrying a knife?

mercutio545

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I recently got a nice hunting knife with a 6.5" blade. Does anybody know the law as far as carrying a knife goes? I would only be wearing it when I'm out in the middle of nowhere (no other real point in carrying something that big when you can carry a pocket knife and a pistol), but I just wanted to be sure on the law regarding it.
 

Anubis

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I think the relevant Virginia law is 18.2-308. Apparently no restrictions on open carry of knives. However knives are much more likely than firearms to be further restricted in local ordinances.

A starting point from which to get to some local ordinances is http://www.municode.com/Resources/online%20Library.asp

Click on Virginia in the map to get to list of county and city ordinances and then search for "knife".
 

glocknroll

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mercutio545 wrote:
I recently got a nice hunting knife with a 6.5" blade. Does anybody know the law as far as carrying a knife goes? I would only be wearing it when I'm out in the middle of nowhere (no other real point in carrying something that big when you can carry a pocket knife and a pistol), but I just wanted to be sure on the law regarding it.
Go to packing.org. They also have section on knife laws.
 

Dutch Uncle

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You can Google "state knife laws" and get Bernard Levine's "Knife Laws of the 50 States". Seems pretty complete, but as noted above, there can be local restrictions.
 

longwatch

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Got motivated and looked up my surrounding localities. A few basically repeat the restrictions on concealed carry. Only restrictions on OC are noted.

Arlington Co.: No ordinances
Fairfax Co.: No ordinances
Falls Church:
Sec. 37-14. Possession of certain dangerous weapons prohibited. (a)No person shall, within the city, possess any machine gun, sawed-off shotgun or any instrument or weapon of the kind commonly known as a blackjack, slingshot, sand club, sandbag, switchblade knife or metal knuckles, nor any instrument, attachment or appliance for causing the firing of any firearm to be silent or intended to lessen or muffle the noise of the firing of any firearms; provided, that machine guns or sawed-off shotguns, and blackjacks may be possessed by the members of the Army, Navy or Marine Corps of the United States, the National guard or organized reserves when on duty, the Post Office Department or its employees when on duty, marshals, sheriffs, prison or jail wardens, or their deputies, policemen, or other duly-appointed law enforcement officers, officers or employees of the United States duly authorized to carry such weapons, banking institutions, public carriers who are engaged in the business of transporting mail, money, securities or other valuables, wholesale dealers and retail dealerslicensed under section 37-10. (b)No person shall, within the city, possess, with intent to use unlawfully against another, an imitation pistol, or a dagger, dirk, razor, stiletto or knife with a blade longer than three (3) inches, or other dangerous weapons. (c)Whoever violates this section shall be punished as provided in this Code unless the violation occurs after he has been convicted in the city of a violation of this section or of a felony, either in the city or in another jurisdiction, in which case shall be confined for not more than one year in jail.


Fairfax City: No Ordinances
Prince William Co.: No Ordinances
Leesburg: No Ordinances
Manassas: No Ordinances
Manassas Park: No Ordinances

From
http://www.municode.com/resources/code_list.asp?stateID=46
 

LEO 229

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ProtectMd wrote:
At what point does a knife become a machete?
Looks like 12 Inches will do it.


§ 18.2-282.1. Brandishing a machete or other bladed weapon with intent to intimidate; penalty.

It shall be unlawful for any person to point, hold, or brandish a machete or any weapon, with an exposed blade 12 inches or longer, with the intent of intimidating any person or group of persons and in a manner that reasonably demonstrates that intent. This section shall not apply to any person engaged in excusable or justifiable self-defense. A person who violates this section is guilty of a Class 1 misdemeanor or, if the violation occurs upon any public, private, or religious elementary, middle, or high school, including buildings and grounds or upon public property within 1,000 feet of such school property, he is guilty of a Class 6 felony.
 

DeadCenter

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Ok -- call me stupid.. I am a simple man and a lot of this law language just plays with my head.

A standard Buck Knife (which I havecarried for thirty years) is about 3.75 inches long.

Carried in a sheath on the belt.

What Ireadhere insinuates it is illegal regardless of CC or OC??

:?
 

LEO 229

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I did not read anything like that.

I believe a small traditional knife commonly carried by so many are not a problem.

Just those big knives are a problem and then only when you start waiving it around.
 

DeadCenter

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LEO 229 wrote:
I did not read anything like that.

I believe a small traditional knife commonly carried by so many are not a problem.

Just those big knives are a problem and then only when you start waiving it around.

This is were I get thrown >>knife with a blade longer than three (3) inches, or other dangerous weapons<<

DC
 

Hawkflyer

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DeadCenter wrote:
Ok -- call me stupid.. I am a simple man and a lot of this law language just plays with my head.

A standard Buck Knife (which I have carried for thirty years) is about 3.75 inches long.

Carried in a sheath on the belt.

What I read here insinuates it is illegal regardless of CC or OC??

Most state and local laws on knife carry are based on blade length. Some also include some language as to the intent of the person carrying. The intent part is to cover people who might be say, using a machete to clear brush. Clearly the length of a machete would make them illegal in many places, but the legitimate use of the blade as a tool for clearing brush makes the possession legal.

In effect all you have to worry about is the length of the blade. If your knife is shorter than the length specified by law, you are fine. If it is longer than that length, then you have to read further too see the specific conditions that would allow carry and legal use of that particular item.

In most cases, if you are not causing any trouble, LEOs will not worry too much about knives of any reasonable length.

Your milage may vary, and you should research all local laws that may pertain to your specific situation.

Regards
 

longwatch

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Read the whole code, yes it would be illegal IF you were carrying it with the intent to use it unlawfully against another. A defensive or utility purpose would make it legal as I read it.
 

DeadCenter

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longwatch wrote:
Read the whole code, yes it would be illegal IF you were carrying it with the intent to use it unlawfully against another. A defensive or utility purpose would make it legal as I read it.

with intent to use unlawfully against another



I read it -- However, it's leaves room for interpretation.
 

longwatch

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Possession alone is not evidence of intent, I think a FCPD officer would have to articulate some pretty good evidence of unlawful intent. Such as evidence of assault or robbery or planning to do so. You can always rebutt such an assertion in court. I would also think a CHP and a clean record would also be strong evidence of a defensive intent. As someone who goes through the city everyday I'm not particularly concerned about being in violation of that ordinance.
 

LEO 229

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longwatch wrote:
Possession alone is not evidence of intent, I think a FCPD officer would have to articulate some pretty good evidence of unlawful intent. Such as evidence of assault or robbery or planning to do so. You can always rebutt such an assertion in court. I would also think a CHP and a clean record would also be strong evidence of a defensive intent. As someone who goes through the city everyday I'm not particularly concerned about being in violation of that ordinance.
I agree... You need to do something bad with the knife... Just having it means nothing.
 

Hawkflyer

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LEO 229 wrote:
longwatch wrote:
Possession alone is not evidence of intent, I think a FCPD officer would have to articulate some pretty good evidence of unlawful intent.  Such as evidence of assault or robbery or planning to do so.  You can always rebutt such an assertion in court.  I would also think a CHP and a clean record would also be strong evidence of a defensive intent.  As someone who goes through the city everyday I'm not particularly concerned about being in violation of that ordinance.
I agree...  You need to do something bad with the knife... Just having it means nothing.

I agree too, but doing something bad while in possession of the knife counts too. Even if you did not use the knife too do the bad thing, it would be another charge that could be brought.

Regards
 

Toad

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I have carried my knife everywhere even on a plane a few times (so much for the TSA huh) it is a spring assisted model with a 4 inch blade and never a problem. I am never without some kind of personal self defense tool. I was doing some work in a PD and pulled it out to open some boxes and was informed that it was not legal to carry...as I put it back into my pocket. Nothing came of that. The US has not yet hit the stage of banning "sharp pointy things" like Europe. Besides remember what your local news said "guns kill" they didn't say knives kill now did they. We all know that what the media says is true otherwise they wouldn't mention it ...... right.
 

LEO 229

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Toad wrote:
it is a spring assisted model with a 4 inch blade and never a problem. I am never without some kind of personal self defense tool. I was doing some work in a PD and pulled it out to open some boxes and was informed that it was not legal to carry...as I put it back into my pocket. Nothing came of that.

So is it a switchblade? Technically?

I like Benchmade products. I carry a switchblade model that is issued to the military.
 

DrMark

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LEO 229 wrote:
Toad wrote:
it is a spring assisted model with a 4 inch blade and never a problem. I am never without some kind of personal self defense tool. I was doing some work in a PD and pulled it out to open some boxes and was informed that it was not legal to carry...as I put it back into my pocket. Nothing came of that.

So is it a switchblade? Technically?

I don't know what Toad carries, but the spring assisted models from Kershaw are very popular; I have several.

They are not switchblades.

With a switchblade, releasing a catch allows spring force to open the blade without any manual blade-opening effort needed.

On the spring assisted models, the user must manually begin the opening of the blade, and then the spring assists with completing the opening.

I haven't seen any automatic knives (switchblades) at gun shows; the assisted opening models are there in great quantity.
 
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