Quick Legal Facts
Statewide Preemption:
No.
Concealed Carry:
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.”
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.
Critical Dimensions:
Less than three inches is the maximum length of a folding pocket knife which may be lawfully possessed on school grounds.
Virginia statutory law regarding knives may be found at Title 18.2, entitled Crimes and Offenses.
Forbidden/Sale:
It is illegal under Virginia law to possess, sell, offer for sale, furnish or give away any switchblade knife or ballistic knife. § 18.2-311.
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.
Code § 18.2-308 A.
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.”
Selling:
It is illegal to sell or give a throwing star, oriental dark, switchblade knife, ballistic knife, or any weapon of like kind.
Constitution:
The Commonwealth of Virginia’s State Constitution provides as follows:
§ 13. Militia; standing armies; military subordinate to civil power
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.
VA Const. Art. 1, § 13