knife..concealed carry

[larry3100]

I know I have read this on here somewhere but could someone tell me in plain english the law regarding carrying a concealed knife...I have a boot knife with a fixed blade thats maybe 3" long (the blade) I would like to carry but not bad enough to go to jail for..Thanks

[MarcSpaz]

This is a "use at your own risk" disclaimer.

Excerpts from "§ 18.2-308. Carrying concealed weapons; exceptions; penalty."

. If any person carries about his person, hidden from common observation... any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor... any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor.

A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony.

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.

Bottom line... its illegal to conceal carry a knife, regardless of size or type. The only exception for "most" people is when you are in your own home.

[mamabearCali]

But as I understand it, a pocket knife has a clip. Put it on the outside of your jeans and you are no longer concealed carrying.

Also the line between tool and blade is sometimes blurred. I carry a multi- tool in my purse. It has a blade on it, but it also has a pair of scissors, a screwdriver, a pair of pliers. I put that in my purse after I saw a child (not mine) put a plastic wire around his hand and almost lost his hand for the want of a cutting tool to get it off.

From what I understand and IANAL it all depends on whether you are open carrying or if the item is used primarily as a tool or a weapon.

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[MarcSpaz]

What you are saying is true, but that is not really relevant in Larry's case.

On your point, look at Harris v. Commonwealth as well as Farrakhan v. Commonwealth. Both were charges under § 18.2-308. One was involving a box cutter and the other a kitchen knife (respectively).

In both cases the defendants were acquitted for the charge of carrying a concealed weapon under § 18.2-308 because the box cutter and kitchen knife were not designed and intended to be a weapon for fighting. It would be along the same lines of convicting someone for having a concealed weapon because they had a 6" long Phillips-head screwdriver in their pocket. Sure, you can use it to stab someone to death, but until a crime occurs, its still just a screwdriver. If you kill someone with it, its a murder weapon. If you use it to pry a window open and crawl into a house, now its a burglary tool... and so on.

My only concern is, there is room for interpretation by a judge or jury that could swing either way. Farrakhan v. Commonwealth the judge said a box cutter is a tool for cutting cardboard boxes, not a weapon. However, box cutters were used as a weapon to hijack 4 airplanes used to kill 2,977 victims on 09/11/01. Now, TSA and DHS considers a box cutter a weapon and it can't be taken on a plane. A judge could very easily agree with them and lock you up. Not a gamble I am willing to take. Its too easy to simply open carry these items.

[BertMacklin]

It has a lot to do with the officer at hand as well. Some don't care, others will make you out to be a killer. If it doesn't fold then don't get caught with it concealed. Even if only partially hidden it could be illegal, such that a boot knife, in most forms and especially with full length pants, is out of the question legally in this state.

[mamabearCali]

Box cutters did not kill nearly 3k victims on 9-11. Men using airplanes as guided missals did. The box cutters were a pretty bad tool for the job as a fourth plane was taken down by passengers armed with soda cans!

The TSA is an idiotic agency determined to be focused on minutia to the level of insanity (confiscating toy hammers and belts with gun imprints on the buckle). If I were on a jury and a prosecutor brought up the TSA regs they would get no one iota if support from me and if would damage their case drastically.


However by the law are correct as stupid as it is that fixed blade knives must be visible. That is bod of those things that should be fixed here in VA.

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[Reverenddel]

Speaking of TSA... does anyone remember prior to that, when you could carry a folding knife ON BOARD IN YOUR POCKET when flying?

I do! Carried one ALL the time! No hurries, worries, or harm...

I swear 9/11 was the reduction in our civil liberties.

[mamabearCali]

Our govt accomplished through fear and coercion what the terrorist could not accomplish with force. It was a horrible day for America. In every respect.

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[dorminWS]

For years, I've carried a little Case pocket knife that is 2.75 inches long folded and has 2 little blades, the longest of which is 2.25 inches long. It's like my wallet: I might not use it but a few times a week, but when I do need it, I really need it; and I never leave home without it. To call THAT a weapon is ludicrous in the extreme. But I constantly struggle to remember to leave it in the car if I'm going into a courtroom or through airport security. Once I had to either miss a flight or give the TSA puke a knife that cost $35-$40. His greasy smirk so clearly said, "I'm getting a nice knife for free" that I turned away from him and chunked the knife about 6-8 feet into a trash can rather than hand it to him. I grinned back at him and said, "if I can't have it, neither can you." It pzzed him off pretty bad, but he said nothing and did not delay me.

Stupid rules only breed contempt and disrespect for the rules.

[Reverenddel]

RIGHT ON DORM!

I HATE TSA! Their attitude is one of a low-grade bureaucrat with WAY too much power!

[SHMIV]

My father has often said that a man is not dressed without his knife.

Damn TSA is why I refuse to fly. That, and you can't smoke on planes. And, last time I flew, the stewardess refused to serve me a beer because they didn't accept cash.

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