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Thread: switchblades are illegal concealed but what about open carry of switchblades?

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    switchblades are illegal concealed but what about open carry of switchblades?

    hello world! welcome to the open carry forum!
    Last edited by opencarrypalmtrees; 04-26-2012 at 09:12 PM.

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    Accomplished Advocate peter nap's Avatar
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    Go here and ask, while you're there stop in at the makers forum and tell them Peter said hello!
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    Campaign Veteran skidmark's Avatar
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    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-311

    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. [emphasis added]
    (Code 1950, 18.1-271; 1960, c. 358; 1975, cc. 14, 15; 1985, c. 394; 1988, c. 359.)

    http://www.nolo.com/dictionary/prima-facie-term.html
    (pree-mah-fey-shah) Latin for "at first look" or "on its face." A prima facie case is one that at first glance presents sufficient evidence for the plaintiff to win. The defendant must refute the case in some way to have a chance of prevailing at trial. For example, if you can show that someone intentionally touched you in a harmful or offensive way and caused some injury to you, you have established a prima facie case of battery. However, this does not mean that you automatically win your case. The defendant would win if he could show that you consented to the harmful or offensive touching
    In other words, you will have to prove beyond a reasonable doubt that you did not intend to sell, barter, give or furnish the same. How you are going to do that intrigues me, as merely showing up in court and saying you did not is hardly going to work. I know how the folks at the gun shows get around it, but I'd really like to read how you intend to do it so you can lawfully open carry a switchblade.Click image for larger version. 

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    stay safe.
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    Regular Member paramedic70002's Avatar
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    It's only a Class 4 Misdemeanor. I believe max $250 fine (that never happens) and no jail time.

    If you want to risk it and you know the consequences...
    "Each worker carried his sword strapped to his side." Nehemiah 4:18

    Guns Save Lives. Paramedics Save Lives. But...
    Paramedics With Guns Scare People!

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    Quote Originally Posted by paramedic70002 View Post
    It's only a Class 4 Misdemeanor. I believe max $250 fine (that never happens) and no jail time.

    If you want to risk it and you know the consequences...
    I get nervous about any weapons related charges. Chucky Schumer may come along later and use it as an excuse to restrict firearms rights.

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    Quote Originally Posted by skidmark View Post
    http://leg1.state.va.us/cgi-bin/legp...0+cod+18.2-311

    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. [emphasis added]
    (Code 1950, 18.1-271; 1960, c. 358; 1975, cc. 14, 15; 1985, c. 394; 1988, c. 359.)



    In other words, you will have to prove beyond a reasonable doubt that you did not intend to sell, barter, give or furnish the same. How you are going to do that intrigues me, as merely showing up in court and saying you did not is hardly going to work. I know how the folks at the gun shows get around it, but I'd really like to read how you intend to do it so you can lawfully open carry a switchblade.Click image for larger version. 

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    stay safe.
    stamp,electro pencil,engrave, "not for sale" on the blade handle and anywhere else you can manage on the item??????? kind of like driving a rollback with not for hire signs on it???

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