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View Full Version : Knife Legislation


J-Beth
2008-11-22, 19:58
As the title suggests in this thread I want to discuss the (il)legalities of carrying knives. I have been trying to research the law for this and have not had much sucess on the federal level, or the state level. Every page I find on the web ends up with me being directed to this http://pweb.netcom.com/~brlevine/va.txt website. The part that is most important I believe is the begining with the two parts A and B. I believe what it is saying is that it is not legal to "concealed carry" a knife on you.

Does this mean that I cant even carry and knife in my pocket? That seems a little ridiculous. If this is the case, then can I carry the knife on me if it is displayed openingly like on my belt in some type of sheeth?

This is pisses me off, I didnt know there was so much legislation for knives and I was planning on buying one soon, probably a cool assisted open one, and maybe a switchblade later.

Also is there any federal legislation regarding the carrying of a/of knife/knives?

If all else fails I guess I could just go down to the local precinct and ask a cop I see what the law is on carrying a knife....:( SO i know for sure.

Random_Looney
2008-11-23, 00:04
Call your local DA.

jodevilgod1
2008-11-23, 00:12
All I will say is that switchblades are g-g-g-gay.

Im not a lawyer, and I dont think anyone else around here is either. Looney is right. Unfortunately a lot of these laws were wrote in a retarded fasion, and are up for personal interpretation(being a judge or jury).

We dont wanna tell you its ok to carry your double edged fantasy katana and have you get in trouble.

Blue Flame
2008-11-23, 00:20
A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he shall be guilty of a Class 1 misdemeanor.

Part A has nothing to do with your standard knife. It does restrict your switchblade through. You will probably have trouble buying a knife that is illegal if you buy locally. You could probably get one online but my guess is you won't find very many good switchblades for sale around you if they are illegal to carry.

Random_Looney
2008-11-23, 00:37
Even a lawyer's word won't help you much. You want a letter from DA in case some over-judicious Johnny Law decides he doesn't like you.

J-Beth
2008-11-23, 22:09
I still cant figure out if I am allowed to carry a "regualr" size (2-4inch) folding knife in my pocket when out and about. Is carrying something in your pocket considered "concealed carry"?

The main thing out got out of that legal code is all the places that it is OK to carry concealed like in your home, on your property in you business, going to the range, etc.

So is carrying a knife in your pocket concealed carry?

Random_Looney
2008-11-23, 22:13
Typically, unless a pocket clip is visible, you could be charged with concealed carry... however, it depends on the officer and the judge. If you get a DA to sign off in writing, you would be able to present that at court if you were ever to get in trouble, and be in the clear.

J-Beth
2008-11-23, 22:16
unless a pocket clip is visible..........If you get a DA to sign off in writing, you would be able to present that at court if you were ever to get in trouble, and be in the clear.

Ill definetly keep these two in mind, especailly the first one if I keep it in my pocket, and if I'm not a lazy ass try and contact my DA (District Attorney, I assume?). I definetly wont leave it up to the police or a judge because I live a shit infested city full of crime and Im sure they would look down on it (even this very fact could help me in court).
Thanks man.

Also I was jus pondering what would happen if you announced to the officer before he got to you that you have a small pocket knife in your pocket, and were letting him know so you didnt seem like you were trying to conceal it. For instance if you got stopped for looking like suspect in the area (this has happened to me), and used that line above. I guess this is when it depends on the cop...

Blue Flame
2008-11-24, 13:33
It is not illegal by the code that you yourself found to carry a folding pocket knife. I even quoted the part that had to do with concealed carry. No where in there does it say that a folding knife is illegal to concaled carry

just for good measure.

(ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack;

IT IS NOT ILLEGAL TO CARRY A POCKET KNIFE

ilovechronic
2008-11-24, 14:09
I believe you can still carry a folding knife concealed in your pocket. You can still carry afixed blade hunting knife on your belt you just cant conceal it.

The Swede
2008-11-24, 14:21
http://web.telia.com/~u31532661/bilder/storkilten.jpg

Random_Looney
2008-11-24, 16:02
It is not illegal by the code that you yourself found to carry a folding pocket knife. I even quoted the part that had to do with concealed carry. No where in there does it say that a folding knife is illegal to concaled carry

just for good measure.



IT IS NOT ILLEGAL TO CARRY A POCKET KNIFE

You do realize that the term "ballistic knife" has been used to refer to pocket knives that can be opened with centrifugal force?

ilovechronic
2008-11-24, 18:28
You do realize that the term "ballistic knife" has been used to refer to pocket knives that can be opened with centrifugal force?

So would the folders that can be flicked open with the thumb count? I am not quite sure how to picture centrifugal force being applied to a knife?
this is how wiki defines a ballistic knife:
"A ballistic knife is a knife with a detachable blade that can be expelled from the handle/frame as a projectile by means of a spring-operated or gas-driven mechanism. These knives have been banned nationwide in the United States since 1986."basically a knife that can be shot?

Blue Flame
2008-11-24, 20:18
Ballistic knife is defined in the code.

N. As used in this article:

"Ballistic knife" means any knife with a detachable blade that is propelled by a spring-operated mechanism.

Maybe we should all take a look back at the link before we start asserting our opinions.

Random_Looney
2008-11-24, 22:11
Ballistic knife is defined in the code.



Maybe we should all take a look back at the link before we start asserting our opinions.

The fact that various states have used ill-defined terms such as I stated is not an opinion. The only way to be completely in the clear is to call a District Attorney and get it in writing. Maybe we should all consider that they interpret the law before even having opinions about laws that are only posted as being updated as of '05.

Though I didn't look at the law. It's almost pointless to. It's not current, the OP has it, and if it's not clear, you get a DA. End of story.

Random_Looney
2008-11-24, 22:14
And clarity is precluded by not being current, as clarity is time-dependent because the subject matter is a dynamic, contemporary source. So would the folders that can be flicked open with the thumb count? I am not quite sure how to picture centrifugal force being applied to a knife?
this is how wiki defines a ballistic knife:
"A ballistic knife is a knife with a detachable blade that can be expelled from the handle/frame as a projectile by means of a spring-operated or gas-driven mechanism. These knives have been banned nationwide in the United States since 1986."basically a knife that can be shot?

It depends. Various definitions of "Ballistic knives" exist; knives with guns embedded in them, knives where the blade shoots out, or knives that can be opened when you sling the knife in a direction (since gravity knives can be argued to use only gravity, and not centrifugal force to open).

Edit- kind of like a flick knife with intertia. Let me tell you all a little story. A little town in Podunk, USA didn't have a drug statute for the amount of marijuana necessary to be in an individual's possession for them to be charged with intent to distribute. State law said that in the absence of stricter statues in the local jurisdiction, charges defer to state level. In fact, I don't remember the specifics anymore since it was awhile ago, but the local jurisdictions may have actually been bound to using state regs at that point, and couldn't impose stricter. Regardless, I saw with my own eyes a PD try and pull the "we didn't define what qualifies as 'intent to distribute' so we didn't wrongly indict you; you're still guilty because we can call any quantity of marijuana to be sufficient for the charge."

I shit you not. Despite the fact this was blatantly not within the law, it happened. It only barely got thrown out, and luckily so because the individual being charged was poor, suffered greatly from his stupid decisions and the indictment, and would have waited awhile for an appeal, which he might not have had the fortitude to stand through. And no, I never worked with people like this; my experiences are all as positive as bureaucracy and the occasional case of benign ignorance can be.

So, if you're going to get a law, I'd get it from your government. I used a big federal lawbook all the time. It was updated all the time and contained as accurate as possible records on all statutes, bylaws, and local laws. It was in the PD. I never noticed copies in anyone's squad car, so I wouldn't assume the arresting officer knows the newest version, or even the correct version, of the law (seen this one happen before too). I wouldn't take a third party website for gospel, and I can tell you that the law can change daily. Even if your state legislators haven't convened for years, the governor can sit on a bill before signing it, town hall can have a meeting, etc. Do not grow complacent.

ArmsMerchant
2008-11-24, 23:38
All I will say is that switchblades are g-g-g-gay.

.

Where on earth did you get that strange idea, Porky?

Check out the auto version of the Boker RBB (the one with the modified tanto blade and recurve serrations) and prepare to change your mind.

jodevilgod1
2008-11-25, 01:03
I wouldnt buy anything with Jim Wagners name on it.

Im not big on tantos and recurve serrations and especially finger grooves.

I didnt mean auto knife, i meant the blade goes down into the handle type of switchblade, like you see at fleamarkets and in movies.

Porky! Im willing to bet im one of the least porky people around.

And more than anything, Im glad I pissed off the great Armsmerchant enough to have him grace us with his presence! Still in the knife business?