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Open carrying a knife?

ProtectMd

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I would imagine that it comes down to the LEO and the situation. For example... Not to get off the subject of VA law, but in Md. if you are carrying a knife such as any average pocket knife and even a benchmade and the clip is visible over the pocket/beltline then its not considered concealed. nor is it considered concealed if its in a pouch visible on your belt... like most gerbers/swiss army knives etc.

Theres alot of cops over here that don't care about knives depending on who you are, they aren't going to arrest you for carrying a swiss army knife in your pocket even if there isn't a clip to show... but you have to have a reason for carrying it, like job related.... if you open boxes up, letters, fire/ems, other LE, construction etc. So... if your caught with a knife here and the cop asks why you have it, don't say self defense.

Most of the crackheads actually don't carry average pocketknives, but they have been caught with the following.... swords, ice picks, shanks (plastic/metal), sharp objects, kitchen knives, whatever type of stabbing weapon they can get their hands on.
 

LEO 229

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DrMark wrote:
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.
Ah.. Ok. I have nothing but Benchmades.. 3 of the 4 are switchblades.

Here is a little light reading....

§ 18.2-311. Prohibiting the selling or having in possession blackjacks, etc.

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, or like weapons, such person shall be 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.


§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry.

A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) 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; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor.

A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature.

B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.

Except as provided in subsection J1, this section shall not apply to:

1. Any person while in his own place of business;

2. Any law-enforcement officer, wherever such law-enforcement officer may travel in the Commonwealth;

3. Any regularly enrolled member of a target shooting organization who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;

4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;

5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;

6. Any person actually engaged in lawful hunting, as authorized by the Board of Game and Inland Fisheries, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit; and

7. Any State Police officer retired from the Department of State Police, any local law-enforcement officer, auxiliary police officer or animal control officer retired from a police department or sheriff's office within the Commonwealth, any special agent retired from the State Corporation Commission or the Alcoholic Beverage Control Board, any game warden retired from the Department of Game and Inland Fisheries, and any Virginia Marine Police officer retired from the Law Enforcement Division of the Virginia Marine Resources Commission, other than an officer or agent terminated for cause, (i) with a service-related disability; (ii) following at least 15 years of service with any such law-enforcement agency, board or any combination thereof; or (iii) who has reached 55 years of age, provided such officer carries with him written proof of consultation with and favorable review of the need to carry a concealed handgun issued by the chief law-enforcement officer of the last such agency from which the officer retired or, in the case of special agents, issued by the State Corporation Commission or the Alcoholic Beverage Control Board. A copy of the proof of consultation and favorable review shall be forwarded by the chief or the Board to the Department of State Police for entry into the Virginia Criminal Information Network. The chief law-enforcement officer shall not without cause withhold such written proof if the retired law-enforcement officer otherwise meets the requirements of this section.

For purposes of applying the reciprocity provisions of subsection P, any person granted the privilege to carry a concealed handgun pursuant to this subdivision, while carrying the proof of consultation and favorable review required, shall be deemed to have been issued a concealed handgun permit.

C. This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties:

1. Carriers of the United States mail;

2. Officers or guards of any state correctional institution;

3. [Repealed.]

4. Conservators of the peace, except that the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in subsection D hereof: (a) notaries public; (b) registrars; (c) drivers, operators or other persons in charge of any motor vehicle carrier of passengers for hire; or (d) commissioners in chancery;

5. Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections pursuant to § 53.1-29; and

6. Harbormaster of the City of Hopewell.



§ 18.2-309. Furnishing certain weapons to minors; penalty.

A. If any person sells, barters, gives or furnishes, or causes to be sold, bartered, given or furnished, to any minor a dirk, switchblade knife or bowie knife, having good cause to believe him to be a minor, such person shall be guilty of a Class 1 misdemeanor.
 

Hawkflyer

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Feb 21, 2007
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DrMark wrote:
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.

The Benchmade dealers at gun-shows almost always have full auto switch blades for sale to properly credentialed LEOs. I am not really sure anyone else is making any that are as popular as Benchmade for LE application.

Regards
 

LEO 229

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Feb 21, 2007
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I have seen a few other guys with other models but the quality just is not there.

I am still kicking around the idea to be a benchmade dealer. I have all the paperwork... just have to turn it in...
 
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