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Thread: Gun & Knife CC

  1. #1
    Regular Member ChinChin's Avatar
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    During the cold winter months I tend to CC rather than OC as I’d look like a dufus with a belt and gun on the OUTSIDE of my North face. Standard fun-items on my belt concealed also include 2 spare mags, a surefire and my cell. Inside my pants pockets are OC spray, and I have a folder knife clipped to the hip pocket, exposing the top of the handle.



    Now, as we all know a CCH permit doesn’t cover (pardon the pun) a knife; nor the OC spray. Code cites I’ve been able to find seem to indicate that so long as I don’t go around spraying people that it’s legal to have the spray in my pocket.



    The knife on the other hand seems elusive in referencing a law cite to give me clarification one way or another. It’s a cold steel folder, tonto style blade, half serrated, half regular blade. Length of blade from tip to handle is 4 inches.



    In deference to my weak google-fu; does anybody know if this is covered in any case law I’ve have yet to find. Is it considered (unlawfully) concealed if it’s clipped to my pocket, yet under a winter coat?
    The problem with the internet is nobody can really tell when youre serious and when youre being sarcastic. Abraham Lincoln

  2. #2
    Accomplished Advocate peter nap's Avatar
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    ChinChin wrote:
    During the cold winter months I tend to CC rather than OC as I’d look like a dufus with a belt and gun on the OUTSIDE of my North face. Standard fun-items on my belt concealed also include 2 spare mags, a surefire and my cell. Inside my pants pockets are OC spray, and I have a folder knife clipped to the hip pocket, exposing the top of the handle.



    Now, as we all know a CCH permit doesn’t cover (pardon the pun) a knife; nor the OC spray. Code cites I’ve been able to find seem to indicate that so long as I don’t go around spraying people that it’s legal to have the spray in my pocket.



    The knife on the other hand seems elusive in referencing a law cite to give me clarification one way or another. It’s a cold steel folder, tonto style blade, half serrated, half regular blade. Length of blade from tip to handle is 4 inches.



    In deference to my weak google-fu; does anybody know if this is covered in any case law I’ve have yet to find. Is it considered (unlawfully) concealed if it’s clipped to my pocket, yet under a winter coat?
    Dirk, Dagger, Switchblade Knife.....yadda...yadda

    It sure isn't a switchblade which by defination, beeds a button. It isn't a Bowie because it has to have a clip point.

    It's not a Dirk or Dagger because both require the spear point but can be single edge.

    It's not a butterfly Knife because of the classic two part handle.

    While I don't like Tanto points, they do not fit the definition of the forbidden blades.

    Then there's :7"any Like weapon". Go guess. There was a horrible Court rueling that you can search for here...about a year ago I think. But even that dealt with one of those dime store fighters and the folding hilt seemed to have a lot of impact with the judge.

    IMHO...unless it's sticking in someone, your fine.

  3. #3
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    Since there's no preemption, can't towns and counties regulate knives? I was under the impression that this is where most of the rules are.

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    Accomplished Advocate peter nap's Avatar
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    GWRedDragon wrote:
    Since there's no preemption, can't towns and counties regulate knives? I was under the impression that this is where most of the rules are.
    Because the state has already set the rules for concealed carry, I don't see how a locality could make anything more restrictive.

    Sale yes maybe some small things but the Dillon rule was to prevent a patchwork of laws inconsistent with state law.

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    peter nap wrote:
    GWRedDragon wrote:
    Since there's no preemption, can't towns and counties regulate knives? I was under the impression that this is where most of the rules are.
    Because the state has already set the rules for concealed carry, I don't see how a locality could make anything more restrictive.

    Sale yes maybe some small things but the Dillon rule was to prevent a patchwork of laws inconsistent with state law.
    Hmm, maybe someone can help me with this as an aside.

    i've been carrying a Benchmade 940 as well as a Kershaw Onion all around virginia. clipped to my right pocket. in california, it's legal. is that legal here? would this actually be considered a CW?

  6. #6
    Moderator / Administrator Grapeshot's Avatar
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    For knife laws see:

    http://www.knifelawsonline.com/knifehome/

    To my knowledge the is no total state preemption on knives in Virginia - different localities do have different restrictions on blade length. This is in part why VCDL is considering pushing for some changes in the law - it is only a tool and many of us use them on our jobs.

    Yata hey

    Yata hey
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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