opencarrypalmtrees
Regular Member
hello world! welcome to the open carry forum!
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hey everyone,
my friend just got a response from contacting the virginia state police regarding spring assisted knives. The legal office stated these knives are not legal for carry because they could be considered of the like kind to switchblades and can be interpreted as such.
so here it is, the response that was received by a fellow blogger
"""Virginia State Police employees cannot give legal advice or interpret the law for members of the public or other agencies. The information provided below is for general guidance purposes only and may not apply to all factual situations. Persons needing legal advice should contact the Virginia State Bar, their own legal advisor or the Virginia Lawyer’s Referral Service at 1-800-552-7977. The Virginia Department of State Police has no authority to issue binding advisory opinions regarding the application of the law
With the above information regarding legal advice in mind, please find below some general statutes, which may be helpful, as well as some cases attached, which may be of some assistance.
Unfortunately, you are correct in your analysis below that the issue is what constitutes “weapons of like kind” and this agency has no authority to issue a legal opinion on that specific question. In addition to the above resources, you may want to contact your local Commonwealth’s Attorney and/or have your legislator introduce legislation defining whether a spring assisted or semi auto knife fit the definition of weapon of like kind and/or request that your legislator and/or Commonwealth’s Attorney ask for an opinion from the Attorney General."
I hope that this information is of some assistance.
Legal Office
Bureau of Administrative & Support Services
So if it quacks like a duck and looks like it its a duck and you can maybe get a hefty fined. So heads up! Also this is a good chance to bring to our legislators that we would like to legalize once again automatic knives since automatic knives don't have any effect on crime and the law only affects law abiding citizens.
Secondly, I personally do not care what the "State Police" say because 99% of the time they are going to give you an interpretation that best serves them. I also believe that there was a case in Virginia down near Virginia Beach where someone was arrested for carrying an assisted opening knife, and it was thrown out because the judge said it is "not" like kind. Third, You can buy assisted opening knifes at your local Walmart and Dick's Sporting goods.
The legal office stated these knives are "not legal" for carry because they could be considered of the like kind to switchblades and can be interpreted as such.
My little spring assist Kershaw's and Gerber's do not have a "switch". Ergo, they are not "switchblades." My arguement, and I'm sticking to it.
Is a knife where you push on part of the blade a "switchblade"? I say no.
@Proshooter is this what you are missing??
That's the OP's view of what was said. I'm talking about the quoted section from the VSP.
Good Catch I did not pick up on that actually now that I have re-read about three times like you.. The VSP has no opinion on the matter what so ever.
So OP as Proshooter has asked and now I am curious as well. What gave you the idea that the VSP opinion is that an assisted knife "is" of "like kind"?
This is also what it looked like to me, unless part was missing. As an aside, I was once detained for a short time (it was a legal detention) here in VA by local police, and a Trooper also showed up for a moment they did a quick pat down on me and I made it clear I had a knife in my pocket, they took it out - even opened it but had no issues with the fact that it was spring assisted. When I was released everything, including the knife was returned to me without incident.
NOTE: if anyone can help talk to our representatives here in Virginia to change the automatic knife laws it would be appreciated. Me and my colleagues are going to try to contact the legislature for the change but its going to take time on our end if you can get to this problem faster it would be much appreciated! : )