An Overview of Knife Laws in Virginia
Knife blade length requirements in Virginia vary depending upon various statutes including penal statutes and statutes that affect knife laws. Furthermore, laws affect knife blades differently depending on the location such as if the knife is coming from a dealer in knives, comes into Virginia, or is in possession of a person. Therefore, it is imperative to know all of the knife laws that affect you. Knife laws can restrict your ability to own and possess knife blades, the knife blades that you may own and possess, permits for those knife blades , restrictions on carrying, restrictions on transportation as well as knife blade blade, cap, and barrel length requirements. The General Assembly of Virginia controls knife laws and knife blade lengths concerning the offense of possessing weapons on school property, armed burglary, and concealing a weapon with the intent to use such weapon unlawfully. Knife laws over the years have evolved from extensive restrictions on the type, length, manufacture, and sale to more current restrictions such as concealment and offensive use.
Legal Blade Length: What You Can Carry in Virginia
The blade length of a knife refers to the length of the sharpened portion of the blade, measured from the cutting edge to the point. There is no doubt that knives have slowly increased in size and heft over the years. Like most states, Virginia does acknowledge the reality that knives are now used for a number of purposes outside of a traditional role as a weapon. As such, the Virginia legislature has determined that knives used for different purposes should be treated in a different manner.
For purposes of this blog post, the most relevant knife laws in Virginia are codified at § 18.2-308, Prohibiting the carrying of certain weapons concealed; exceptions, and § 18.2-308.1:1, Prohibiting the carrying of certain weapons; exceptions.
In Virginia, the general rule is that individuals may not openly or concealedly carry a "dirk, bowie knife, switchblade knife, stiletto, or any knife resembling any of those enumerated weapons," which shall have a blade "in excess of three inches in length," § 18.2-308(A) (emphasis added).
Interestingly, Virginia law redefines the term "knife" in its concealed carry statute – an "any . . . automatic knife, spring-operated knife, pocket knife, bowie knife, dirk, stiletto, or other dangerous weapons of like kind" § 18.2-308(A) (emphasis added). This is important because § 18.2-308.1:1 lists examples of knives that are permissible to carry under certain circumstances, such as hunting—if certain criteria are met. In doing so, the statute incorporates the definitions offered in § 18.2-308(A), but the definitions key off of the general definition of "knife." Thus, the knives listed in § 18.2-308.1:1 are "automatic knives, spring-operated knives, pocket knives, bowie knives, dirks, stilettos, or other dangerous weapons of like kind" that meet the two important criteria: (a) the blade is less than three inches in length; and (b) they are not prohibited by some other law.
While the general rule is that knife blades measuring more than three inches are prohibited from concealed carry, there are some exceptions:
As such, the legal blade length of a knife is less than three inches or at least three inches if the knife fits into one of the aforementioned exceptions relating to the purpose for which the knife is carried. Caution is still warranted by individuals who may otherwise comply with the exception as affirmative defenses are interlocutory, i.e. they do not bar prosecution if the Commonwealth selects to proceed. To be fully safe, individuals who may wish to carry knives of varying blade lengths may wish to consider that all knives should be treated mostly as weapons in Virginia. Further, just because an officer may not know the law or understand the nuances of these exceptions, that does not mean that an individual would not be questioned, detained, or even arrested with a knife which is not permitted.
It is also important to note that the general rule of thumb and exceptions in the concealed carry statutes may not apply when it comes to brandishing or displaying a knife in Virginia. As such, this situation should be avoided, if possible, for any knife, regardless of its length, and further legal analysis would be required in this realm.
Knife Types and the Law
In Virginia, the law differentiates between four categories of knives for purposes of understanding the length of blade that is permitted:
(i.) folding knives with blades of no more than three inches in length,
(ii.) fixed blade knives with blades of no more than three inches in length,
(iii.) hunting stilettos with blades of no more than 3 1/2 inches in length,
(iv.) any other type of knives.
Further, Virginia law prohibits concealed carrying or transporting certain kinds of knives, including switchblades and stilettos with blades of greater than 3 ½ inches. (Note: Certain other knives are also prohibited.) These prohibitions apply to both non-residents and residents of Virginia. This also means that if someone is caught violating any of these provisions, they could be arrested for a class 1 misdemeanor.
What Knives Can You Carry in Public?
Even if a knife is not prohibited for sale or transfer in Virginia, there remain limits on possession. Virginia code § 18.2-308 states that it is unlawful to possess knives of any kind on school grounds, on school buses, in any part of this State while in or upon any state- or local correctional facility, or in the juvenile detention center or any part of a facility used for the confinement of juveniles. Additionally, Virginia law prohibits any person from carrying a concealed knife on his person , unless that knife has a blade length of less than three inches. This law specifically discusses straight-bladed knives, stiletto knives, or any knife with a blade longer than three inches that opens automatically by gravity or by application of centrifugal or mechanical pressure. While stiletto knives and automatic knives are classified as concealed weapons under Virginia law, knives with blades shorter than three inches to do not fall under this classification.
Enforcement and Penalties in Virginia Knife Law
Violation of an unlawful knife is a Class 1 misdemeanor and includes a penalty of up to 12 months in jail and a fine of up to $2,500. Virginia law treats any violation without intent to harm as a class 4 misdemeanor and without criminal history may result in a maximum penalty of six months in jail and $250 fine.
Virginia Knife Law Safety Tips
As you navigate the world of knife ownership in Virginia, consider these practical tips:
- Know the exact measurement of your blade. For most knife types, this means you must measure the blade from the tip to the base, in a straight line. When in doubt, measure both the length of the blade and the overall length. Some knives will fall under more than one category, and these are the most important to be cautious with. If your knife has a blade that, when closed, measures exactly or less than 3 inches, you can carry it as a matter of law. If more than 3 inches and less than 5.5 inches, you should keep it at home or your business. If 5.5 inches or more, do not touch it unless you have a concealed weapons permit.
- Know the other laws . They can include everything from how you store your knife to how you carry it in public to where you can take it and what you can do with it once you get there. Other areas of concern include penalties for breaking the laws.
- Be wary of third-party sites claiming to provide legal information about knife ownership or other weapon laws. These sites may charge you for access to information. Ultimately, it is best to check with a community group of knife enthusiasts or a knife store in your area to find out firsthand about changes in the laws.
- Consult a lawyer. If you are ever unsure about a certain knife type and your rights under the law, consult a Virginia attorney who knows knife/weapon laws inside and out.