Knife Size and What is Legal in Virginia
The ownership and use of knives for self-defense are perfectly legal in Virginia. Naturally, Virginia has restrictions regarding the types of knives that people can carry in public. In Virginia, people can carry many common knives in public, provided that they don’t have a spring-operated, switchblade, or belt buckle knife. Virginia law also prohibits people from carrying knives of certain sizes. Virginia law defines "weapon," by size and type, as:
● A dagger, dirk, or knife having a blade longer than three inches in length;
● A razor blade;
● Any knife or penknife having a blade with a movable handguard that is automatically opened by a spring mechanism, or otherwise;
● Any bowie knife, hatchet, machete, or other similar weapon;
● Any pistol, pocket pistol, revolver, or any other firearm; or
● Any dirk, stiletto, or other dangerous knife of any kind .
In the state of Virginia, it’s illegal to carry any deadly weapon larger than three inches. This restriction applies to fixed-blade knives and folding knives — whether open or closed. In addition to a knife’s size, it must not be designed to be a deadly weapon. For instance, if the knife is just designed for cutting, slicing, or piercing, it’s not considered a deadly weapon. Virginia law defines a deadly weapon as any knife, or other weapon that, from the manner in which it was used or is intended to be used, is calculated or likely to produce death or great bodily injury. Alternative arguments may be made about certain knives. For example, an argument can be made that a dirk knife could be legal to carry in Virginia. That’s because a dirk knife is originally defined as a folded dagger, which often has a blade three to four inches in length. But today, most dirk knives are knife type weapons that are not folded.
Knives -Different Types and What is Prohibited
Virginia knife carry laws encompass a wide range of knives, with some of the primary categories including:
Folding knives: A folding knife is any knife that opens with a blade that folds into the handle, often called a pocketknife. Folders are legal to carry in public in Virginia.
Fixed blade knives: Fixed-blade knives have blades that are permanently attached to the handle, such as a knife with a wooden handle and a long, thin blade, and are sometimes referred to as stiletto knives or daggers. While you may have some legal rights to use a knife of this type, you would not be legally permitted to carry it for purposes of pedestrian travel, meaning absent any wrongdoing to justify a weapons charge.
Switchblade knives: Switchblade knives, or automatic knives, are those with a blade that "opens automatically by just pressing a button, or by the movement of gravity or centrifugal force." This definition, which is the same as the definition used by the American Law Institute in its Model Penal Code, is established in § 18.2-311 of the Code of Virginia, which categorizes them as switchblades. With certain exceptions, this section of the law states: "It shall be unlawful for any person to manufacture, sell, barter or lend any mechanical device designed or commonly used for cutting or stabbing another person, consisting of a blade which opens automatically by force of spring or a similar device or which may be opened or closed by one hand and when opened is locked in place by a second, opposing, sliding blade. Any person violating the provision of this section shall be guilty of a Class 1 misdemeanor."
Stiletto knives (as distinct from daggers): Stiletto knives are characterized by a long, thin blade, which is specially designed to be good for penetration. By contrast, daggers were designed for double-edge slashing, which makes the blade more suitable for that purpose. Because the law states that daggers include "any stabbing weapon, no matter how short, which is pointed at both ends and is capable of being thrust between ribs to reach the heart in a deadly blow," a knife that is not a dagger but meets this definition is still considered a dagger under § 18.2-311 of the Code of Virginia. Penetrating knives and daggers are illegal for carry purposes in Virginia.
Swords and other knives: Swords and knives with blades longer than a foot are generally banned in Virginia. Even items such as ornamental swords that are for display purposes only are illegal to transport within the Commonwealth because of the long, metal blades.
Public Places and Carrying Knives in Virginia
In Virginia, you can possess knives anywhere that is not a restricted area. Public places are not restricted areas. So you can carry knives without a permit in stores, movie theaters, parks, government buildings, or any other place that does not otherwise apply knife laws or restrictions. There are no laws in this state that apply, for example, in a grocery store, theme park, or any other place of business or personal convenience. Some locations, such as schools or secured government buildings may be restricted. Also, there are many locations that have policies against particular types of weapons, including knives. However, those policies are separate from Virginia knife laws, and in some cases may even be unconstitutional. If you legally own a knife in Virginia and are not breaking any law, you then have the same right to carry it as anyone else.
How Much can you be Fined for Knife Carrying Violations
Typically, violating these provisions of Virginia knife law is a class 1 misdemeanor. Section 18.2-10 of the Code of Virginia provides that the penalty will be a fine up to $2,500 and/or imprisonment for up to one year.
In many cases, however, the maximum potential fine or jail time is not the actual outcome in the event of a conviction. The law giving judges the authority to impose the penalty includes this statement: The court shall impose upon any person convicted of a violation of the criminal laws of the Commonwealth a fine or confinement within the maximum prescribed therefore, but the court may suspend, in accordance with applicable statutory provisions, any part of the fine or any part or the entirety of the confinement ordered, and may direct that such defendant be referred to the probation services of the district court, the circuit court, or of either or both of the county, city, or town in which he resides or in which the conviction was obtained, or to any other public or private organization the court deems appropriate . In other words, the judge can suspend the entire punishment under some circumstances. Moreover, even if you are charged with a felony for a knife charge, it is possible to negotiate a plea agreement to a misdemeanor offense with a reduced punishment in place of a probable felony conviction.
The restrictions on knives found in Virginia law have little room for gray area aside from specific factual circumstances that may apply. Knife length, knife type, and knife mechanism are all a fairly black and white issue with no room for judicial interpretation.
Helpful Tips to Virginia Knife Owners
The laws regarding knife carry are nuanced in Virginia, and you should educate yourself fully and follow the law to avoid prosecution. Here are some useful tips for knife owners to minimize your risk of running afoul of the law.
First, be sure to take the time to measure the blade of your knife to ensure that it falls within the allowed range. A tape measure is a smart choice, as it is easy to handle and allows a portable measurement device to be on hand at all times. Whether using a tape measure, ruler, or another type of measuring device, be sure to measure from the tip of the blade to where it meets the hilt or handle of the knife . Your measuring device should be straight to the extent possible, so you are accurately measuring the length of the blade.
You should also ensure that you research the exact type of knife you own, as well as any features or characteristics it may possess that could cause a problem with the law. There are knives that have interesting names, such as "Dirk," to describe them individually. If you are not an aficionado of weapons or knives, you may have trouble identifying the type of knife you have without the proper research. You may also use the Internet to view images of knives that clearly show their specifications and distinctive characteristics, to ensure that you are able to identify what type of knife you own and how it is classified.