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is it legal to open carry or conceal carry a knife with double edge in virginia?

user

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Maybe. If it looks like a "dirk", a short, double-edged short sword or long knife with a point designed as a stabbing weapon, then the answer is "no". Note that I didn't say it IS a dirk, but is LIKE a dirk. The concealed weapon statute prohibits dirks, bowie knives, ballistic knives, switchblades and razors and things that are "like" any of those. Open carry should be ok, but it's illegal to transfer possession of it to a minor.
 

45acpForMe

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That word comes up too often in response to knife law questions.

I sure would like to see our knife laws improved.


+1000

I talked about it in another thread but ran into a police officer while getting my oil changed and asked him about knife laws. He told me four fingers was what they generally go by. So if your knife was longer than four fingers width they would try to charge you with concealing a weapon. Since Virginia doesn't have a CWP it is open interpretation as to what a "weapon" is. I saw in another thread that a man was charged with carrying a steak knife and got off because even though it was longer than some it wasn't considered a weapon. Any other court could have gone the other way with that ruling.

I think constitutional carry of "arms" is needed to get big brother out of the business of private individuals. Their rules for knives, just like guns only disarms law abiding people, and causes normally law abiding people to sometimes cross the law inadvertantly. Criminals won't care about any law.

There are already stiffer penalties for assault/battery with a weapon. Make them stiffer if they want but don't make it a crime simply to possess/carry some form of weapon with no criminal intent.
 
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user

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Generally, I agree completely with your policy observations.

There is no length requirement per se for violation of the concealed weapon statute - there is a length requirement for possession on school property (I think it's "not more than three inches", but I can never remember whether it's "not equal to or greater than" or "not less than" or what) - and dirks and bowie knives, which are prohibited for concealed carry are sort of loosely defined by length, though shape of the blade is more important. A folding knife of any length that will fit in your pocket is generally ok.

I've heard this thing about "constitutional carry" a lot, and have never quite figured it out - the constitutions of the U.S. and Virginia both have provisions that ensure that individuals have an absolute right to carry weapons with no restrictions at all. Problem as I see it is getting the courts to enforce the provisions that already exist.
 

45acpForMe

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Generally, I agree completely with your policy observations.

There is no length requirement per se for violation of the concealed weapon statute - there is a length requirement for possession on school property (I think it's "not more than three inches", but I can never remember whether it's "not equal to or greater than" or "not less than" or what) - and dirks and bowie knives, which are prohibited for concealed carry are sort of loosely defined by length, though shape of the blade is more important. A folding knife of any length that will fit in your pocket is generally ok.

I've heard this thing about "constitutional carry" a lot, and have never quite figured it out - the constitutions of the U.S. and Virginia both have provisions that ensure that individuals have an absolute right to carry weapons with no restrictions at all. Problem as I see it is getting the courts to enforce the provisions that already exist.

User it is "less than" three inches which eliminates all the 3" blades and leaves you with limited selection.

§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited. http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308.1

A. If any person possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches

ETA: Also in Section C they define any knife having a blade length of 3" or longer as a weapon.

I am for constitutional carry which emphasizes the "shall not be infringed" section of the 2A. All federal restrictions should not exist period since it may be a tyrannical government we would be fighting against. When you get to the states, they have more power under the 10th amendment. In Virginia since our state constitution (used as an example for federal) has similar language there should be no state laws about bearing arms. So I would argue that requiring a CHP to carry a gun is unconstitutional already. Banning CC of a dirk, bowie knife is unconstitutional, etc. Other states may vary depending on how their constitution is written.

Section 13. Militia; standing armies; military subordinate to civil power. http://legis.state.va.us/Laws/search/Constitution.htm#1S13
That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state, therefore, the right of the people to keep and bear arms shall not be infringed; that standing armies, in time of peace, should be avoided as dangerous to liberty; and that in all cases the military should be under strict subordination to, and governed by, the civil power.
 
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Uber_Olafsun

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Dec 9, 2009
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Alexandria, Virginia, United States
I hate the knife laws here just because you can't get a definitive answer on them. The it looks like this type of knife is pointless. Ask a younger person if they know what a dirk is. A lot may know Bowie knife but some of the other terms aren't as well known. The 2nd was not just about firearms. I believe there were still some people fighting back then with swords.
 

DrMark

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Jan 13, 2007
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Hampton Roads, Virginia, USA
I hate the knife laws here just because you can't get a definitive answer on them. The it looks like this type of knife is pointless. Ask a younger person if they know what a dirk is. A lot may know Bowie knife but some of the other terms aren't as well known. The 2nd was not just about firearms. I believe there were still some people fighting back then with swords.
knife puns... ;)
 

Badger Johnson

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USA
To give some comment on the OP's question, I saw ALL KINDS of things at the gun show that, AFAIK were illegal to have.

o Brass knuckle knives (guess you could own them at home as 'collectable');
o Belt buckle knives;
o Police length telescoping batons (32" and 24");
o Balisongs (and with double edged blades (half sharpened);
o Out the front switchblades;
o Auto-knives;
o Incendiary sabot shotgun loads;
o Saps (iron filled?);
o Sap gloves (not sure if that was what I saw, it was crowded);
o Ballistic vests (kevlar bullet resisting) which felons could buy with no ID;
o Silencer building books;
o Razorblade knives (not a holder, but a knife blade with a straight razor shape/edge;
o Lock picking kits.


Now many of these things you could have in your house, and not carry or at least not have in your pocket, but even with police presence, vendors had these items (and more).

The TRULY illegal - certain auto conversion items, silencers, very high intensity lasers, less than 18" shotguns, bump keys, I did not see. (I'm using truly illegal a bit sarcastically and IDK what that means, IANAL). I'm doing some guessing. I've asked vendors 'is this legal' and they all said yes, just don't carry it when you're burglarizing a house.

So you wonder where they draw the line.

I was joking with my friend, I wonder what the state police think when someone comes out with so many guns they look like that cartoon I posted. Even I was bug-eyed at what a couple female buyers had in their carts.(*)

My CHL instructor said the LEOs like for Law-abiding citizens to have firearms.


(*)(I wonder if a female with a huge arsenal walking out isn't buying for their guy friend(s).)
 
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ODA 226

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Etzenricht, Germany
To give some comment on the OP's question, I saw ALL KINDS of things at the gun show that, AFAIK were illegal to have.


The TRULY illegal - certain auto conversion items, silencers, very high intensity lasers, less than 18" shotguns, bump keys, I did not see.

Full Autos and Sound Suppressors (Silencers) are legal to possess in the Commonwealth as long as they are registered with ATF and with the VSP.
 

Badger Johnson

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Full Autos and Sound Suppressors (Silencers) are legal to possess in the Commonwealth as long as they are registered with ATF and with the VSP.

What does that have to do with things sold at gun shows? Are you implying that the ATF and VSP can register these items (if you buy them) over the phone/computer?

Dealers have a dealer's license and might be able to sell them, but I don't know how they'd accomplish a 'sale' at a gun show. I've seen silencers in a glass case at a Tactical store, which you prob. bring in your ATF license thingie to buy.
 
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