opencarrypalmtrees
Regular Member
hello world! welcome to the open carry forum!
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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
I get nervous about any weapons related charges. Chucky Schumer may come along later and use it as an excuse to restrict firearms rights.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...
http://leg1.state.va.us/cgi-bin/legp504.exe?000+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.View attachment 7748
stay safe.