Recent VCDL VA-ALERT - Help Needed on an Item Covered

[MarcSpaz]

I want to see if I can get some support from folks on this forum.

I'm sure many of you received your VCDL VA-ALERT message today about Legislative action items for 1/23/17. I am very excited about something listed in today's message. Specifically about HB 1432, legalizing the purchase and ownership of switchblade knives.

Thanks to Delegate Ware and Lingamfelter, HB 1432 is rapidly on its way to passing. This Bill not only removes switchblades from ownership restrictions under § 18.2-311, it also removes the restriction for conceal carry, currently in place under § 18.2-308.

It is critical that we support all of these pro-2A bills. However, I specifically ask that everyone, please take a brief moment to call, write, or email your State Legislature and ask them to support this Bill. This will be a huge win for the Second Amendment and the People of Virginia.

https://lis.virginia.gov/cgi-bin/legp60 ... sum+HB1432


A little background on my efforts:
Delegate Lingamfelter is the Committee Chair for Militia, Police and Public Safety. I have met Delegate Lingamfelter a few times, including about an hour he spent at my home during one of his campaigns. He and I have had some email and formal written correspondence about a few issues.

This past summer, I had sent Delegate Lingamfelter and several other members of the State Legislature, correspondence requesting an amendment of § 18.2-311, titled "Prohibiting the selling or having in possession blackjacks, etc.", removing switchblades from the code.

The code does not make it completely illegal to own a switch blade. What it does do is make it illegal to have any kind of transfer of a switch blade (buy, sell, trade, gift, etc.) and mere possession of a switchblade is prima facie evidence of intent to transfer. Basically, that means if you are in possession of a switchblade, you can be arrested and the burden has been shifted to prove yourself innocent, not the State having to prove guilt/intent.

My letters to Delegate Lingamfelter and other members of the State Legislature point out that this State Code is a violation of our US and Virginia Constitutional Right to bare arms, that all Citizens can freely and openly carry a firearm in the State, but we are not trustworthy enough to own a knife. I also point out the fact that there is no difference in ease of operation of an "assisted open" knife (which is perfectly legal) and an "automatic open" knife. I pointed out that even some completely manual knives can be opened just as fast, with the simple flick of the wrist.

I have no idea if my correspondence had a direct impact in the legislation being drafted and presented, but I can tell you that the people who represent you can't take action on your behalf if they don't hear from you. I am proud that I stay active in our government, even if only at the level of a Citizen. Let your voice be heard. They are listening.

[jmax]

Don't you know that just the sound of a switch blade knife opening can cause the possessor to go crazy and start attacking innocent people and start consuming illicit narcotics

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[MarcSpaz]

LOL... that is actually the justification that previous legislators said when writing the current standing code.

I saw meeting minutes where one Delegate said something along the lines of a folding knife that can be opened while held in one hand promotes nefarious behavior. I didn't know that an inanimate object cause a man to take criminal action, simply due to possession of that object.

Never mind... I just realized that they have been demonizing guns the same way for near 90 years.

[Jon]

While I applaud your efforts to work with the delegates on matters such as these, or more specifically 2A oriented, in this day and age of spring assisted folders is there anyone out there that really cares about SB's?

I suppose it's just about the right to be able to if one wanted, but they seem a little outdated to me.

[MarcSpaz]

Like anything else in the 2A world, its soft tyranny by means of systematically, incrementally taking rights away. Today its switchblades. Tomorrow its assisted open. Next year, any knife. An attack on the Second Amendment is an attack on the Second Amendment.

It is legal to own, buy, open carry and conceal carry a SB in 28 states. It is legal to own, buy, and open carry a SB in 36 states. Like a gun, its a very common tool that, in and of itself, is not a danger simply because someone owns one. I mention this one Bill specifically because, with the exception of firearms, knives and all other weapons get ignored when it comes to protections afforded under the law.

Honestly, attitudes about them being "outdated" and "who cares" is what leads to rights being taken away from everyone. Just because you are not interested or it doesn't impact you directly, if you don't stand up for all of your Rights, eventually you will lose the Right to do so. The Constitution will be amended to include the Bill of Privileges, replacing the Bill of Rights.

Everyone should standup for and support any/all pro-freedom Bills.

[Jon]

I get that Mark, as I thought was indicated in the latter part of my previous post.

While I see it as a somewhat insignificant issue I can also see it as a stepping stone to bigger things. I have no issue with what you are trying to accomplish, I was just stating an opinion.

[MarcSpaz]

??? Maybe I am missing something. I saw your acknowledgement, but I though you ask if there was anyone out there that really cares about SB's. I was just expanding/explaining my position for the push based on the question.

My wife complains I take things too literally. If your question was rhetorical, I apologize. We've met before, hopefully you remember I'm a bit better at this in person. LOL

Also... who wouldn't want to play with a toy like this without worrying about going to jail???

https://www.youtube.com/watch?v=2FOlwTXYiVM

[kelu]

if you don't stand up for all of your Rights, eventually you will lose the Right to do so.

Amen!

[Jon]

The joys of trying to communicate via interwebz.


While I have no interest in SB's I fully support the right to have one for those that want one, so we're on the same page there.

I honestly did not know there were that many people still interested in these things.

Hopefully what you're working on will allow folks who want these to be able to legally have them.

[MarcSpaz]

if you don't stand up for all of your Rights, eventually you will lose the Right to do so.

Amen!

The joys of trying to communicate via interwebz.


While I have no interest in SB's I fully support the right to have one for those that want one, so we're on the same page there.

I honestly did not know there were that many people still interested in these things.

Hopefully what you're working on will allow folks who want these to be able to legally have them.

[WRW]

Sent. I can remember seeing switchblades and stilettos displayed in novelty shops around Ocean View Amusement Park.

[ Post made via Mobile Device ]

[MarcSpaz]

Awesome! Thank you.

Yea... I'm a part-time Fl resident and we can legally own them down there. We can conceal them with a chp too. They are for sale everywhere. That's how I ended up with mine. It strikes me as odd that they would be so restricted in a 2a friendly state like Va.

[ Post made via Mobile Device ]

[WRW]

Awesome! Thank you.

Yea... I'm a part-time Fl resident and we can legally own them down there. We can conceal them with a chp too. They are for sale everywhere. That's how I ended up with mine. It strikes me as odd that they would be so restricted in a 2a friendly state like Va.

[ Post made via Mobile Device ]

Thank Hollywood and Broadway, and those that thought that was the pulse of the Nation.

[ Post made via Mobile Device ]

[Reverenddel]

Think of it like this... it's progressive restrictions.

First it was NFA items, so gangsters went to auto knives- BANNED, then they went to martial arts weapons (As if a "Drive By Nunchakin'" happened... EVER)-RESTRICTED, then they went after "Saturday Night Specials"- FINALLY! The "Reformed NRA" with Wayne LaPierre started kicking them down.

[MarcSpaz]

Yep.

[GregVa]

Marc

Good points thabks for the details. I will write my rep tonight.

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[MarcSpaz]

[Ironbear]

First it was NFA items, so gangsters went to auto knives- BANNED, then they went to martial arts weapons (As if a "Drive By Nunchakin'" happened... EVER)-RESTRICTED, then they went after "Saturday Night Specials"- FINALLY! The "Reformed NRA" with Wayne LaPierre started kicking them down.

When I was in high school, I remember reading through my home state's (not VA) conceal carry laws and wondering about the laws against conceal carrying bow & arrows, and spears! Some laws have been made without any actual thought occurring...

[kelu]

A little education for me please.
I saw many people with a pocket knife here in VA, so this thread confuses me.
Something like https://kershaw.kaiusaltd.com/knives/knife/agile is legal to carry or not?

[MarcSpaz]

That knife is legal to own in Va, but it is illegal to conceal carry. It most be open carried. Also, their are many localities that the knife may not be legal to carry, due to the blade size.

Basicly, any folding or collapsible knife is legal at the state level of the knife has a bias to being closed and the action of opening is initiated by your hand moving the blade.

A switchblade is a knife having a spring loaded blade that has force constantly trying to push open the blade, and is released by a button, switch or means other than directly moving the blade with your hand.