Virginia Knife Laws

Summary:

Although the State of Virginia does not prohibit the open carry of knives, it is unlawful to conceal carry a dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, throwing star, oriental dart, or any similar weapon

Forbidden/Sale:

It is illegal under Virginia law to possess, sell, offer for sale, furnish or give away any switchblade knife or ballistic knife.

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 as defined in § 18.2-307.1, or like weapons, such person is 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.

§ 18.2-311. (emphasis added)

Concealed Carry:

Virginia provides that specific types of knives may not be carried in a concealed manner.

A. If any person carries about his person, hidden from common observation, . . . (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor . . . or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor.. . . For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon’s true nature.

Va.  Code § 18.2-308 A. (Emphasis added.)

Terms, such as “dirk,” “bowie knife” and “switchblade knife” are not statutorily defined. Whether a particular knife is a dirk or bowie knife, or for that matter “any weapon of like kind as those enumerated,” is an issue to be reserved by the fact finder, whether it be a jury, or in the case of a bench trial, the judge. Delcid v. Commonwealth of Virginia, 526 S.E.2d 273 (2000).

There is far too much subjectivity and fluidity with respect to the terms “dirk, “bowie knife” and/or “switchblade.” The problem is further compounded by the provisions of § 18.2-308A (v), where “any weapon of like kind as those enumerated . . .” is included. The test for determining whether a given knife comes within the statutory prohibition has been stated by the Supreme Court of Virginia in the case of Farrakhan v. Commonwealth of Virginia, 639 S.E.2d 227 (2007).

Essentially, if the “bladed item in question” meets the definition of an enumerated item within § 18.2-308A, the evidence is sufficient for a conviction. If it is not an enumerated item, it must then first be determined whether it is a weapon, and if so, secondly determined whether it is of like kind.

In order to come within the definition of a weapon, the court held that:

The item must be designed for fighting purposes or commonly understood to be a “weapon.”

Application of the tests announced in the Ferrakhan case has resulted in an affirmation that a tanto style knife had similar characteristics to a bowie knife and was, accordingly, prohibited. In the case of Gilliam v. Commonwealth of Virginia, 642 S.E.2d 774 (2007), a copy of the knife possessed by Mr. Gilliam is part of the published opinion. Few people within the “knife community” would likely conclude there is any similarity between the tanto knife, as pictured, and a bowie knife.

Virginia law is such that concealed carry of any knife should be carefully evaluated. Virginia law does not prohibit the open carry of any knife. It is a crime to “brandish a machete or other bladed weapon with an exposed blade twelve inches (12″) or longer with the intent to intimidate someone.” § 18-2-282-.1.

Statewide Preemption:

No.

Schools:

Possession of any knife with the exception of a pocket knife having a folding metal blade of less than three inches is a Class 1 Misdemeanor under §18.2-308.1A.

Critical Dimensions:

Less than three inches is the maximum length of a folding pocket knife which may be lawfully possessed on school grounds.

Concealed Carry:

There are no general statewide prohibitions as to the open carry of knives.  It is unlawful to conceal carry a dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, throwing star, oriental dart, or “any weapon of like kind.” (See discussion above)

Selling:

It is illegal to sell or give a throwing star, oriental dark, switchblade knife, ballistic knife, or any weapon of like kind.