First, a brief overview of knife laws in Virginia
Except as otherwise set forth in this section, it shall be unlawful for any person to possess, sell or transfer a knife with a blade length of three inches or longer. Any article of cutlery, tool, or other instrument or implement having a sharp point or sharp cutting edge capable of being used for purposes of cutting or stabbing another person is a knife.
The relevant section of the Virginia Code that prohibits knives with blades of three inches or longer can be found at §18.2-311. Dealing knives, dirks, switchblades and other types of knives are specifically mentioned in the definition of firearms and concealed weapons in Virginia.
However, there is an exception to this law of knives with blades of three inches or longer. Pursuant to §18.2-311, if the knife is in a sheath or other container designed for carrying, then it is not against the law to carry or possess a knife with a blade of more than three inches.
There are certain types of knives that are prohibited to possess, sell, buy, transfer or carry by law in Virginia, regardless of the location on your person, concealed or not. These knives include Bowie knives, stilettos, daggers, and switchblades . Any knife that has a blade of over five and one-half inches is prohibited, as well as a owners of ballistic knives, throwing knives, or any knife disguised as something else, e.g. a belt buckle knife.
Knife laws are in flux in Virginia. However, there have been laws addressing the use and carrying of knives since 1820. There have been many changes to knife laws over the years that impact ownership, use and the sale of knives, on both the state and local level.
Because over the years knife laws have impacted the ability of individuals to own and possess knives, it is possible that some citizens may have in their possession knives that are illegal to own. However, many localities, including Norfolk, have sought to use that law in prosecuting their knife bans. Many other localities either ignore the knife ban, or do not have them at all. But the potential risk exists, so it is important to keep informed.
Because knife laws in are complex, and changing frequently, it is important to keep up with updates on this blog. As always, to ensure that you are fully in compliance with the law, if you are unsure about your rights related to knives in Virginia, seek legal advice.
Knife length legalities in Virginia
In Virginia and nearby jurisdictions, restrictions are placed on fixed-blade knives, machetes, combat knives, daggers, dirks, stilettos and switchblade knives. Specifically, no person in those jurisdictions shall manufacture, sell, or offer to sell, any of the following items with an overall length greater than 24 inches: No person in Virginia shall manufacture, sell, offer to sell, give away or otherwise transfer possession of any knife with a handle longer than 5 inches if that knife is a gravity knife, switchblade knife, stiletto knife, dirk, or other knife in which the blade is depressed and exposed by the centrifugal force of swinging the knife or by the motion of the wrist of the user. For the purposes of Virginia Code §18.2-311.1, the length of the blade of a knife means the distance from the tip of the blade to the closest point of the annular grip to the blade or the knife’s guard.
Types of legal knives in Virginia
There are essentially four classes of knives that exist in Virginia. The first class of knives we will discuss contains knives that are completely legal to possess, buy, sell, gift, and carry. These knives include: non-switch-blade folding knives; non-switch-blade folding knives with a blade that is less than three inches long; non-switch-blade folding knives with a blade of any length that has a safety feature or a two-hand opening mechanism.
The second class of knives we will discuss is essentially comprised of a narrow band of knives that are legal to possess and buy, but not legal to carry if they are concealed. A concealed weapon is something hidden from common observation. For example, if you tried to walk into a courthouse with a knife hidden in your belt buckle, that would be concealed. In Virginia, it is completely legal for you to carry an "ordinary" pocket knife that is not on the concealed weapons list. For example, a two-inch-long folding knife, even though not in the list of knives that are prohibited by law, is still not legal to carry concealed. This is because, in Virginia, you are legally allowed to carry knives that are 3 inches or less. The larger the knife is the more common observation it becomes, thus impacting its legality. The vast majority of people do not carry around knives longer than 3 inches, so a knife that is longer than 3 inches would most likely be considered concealed and illegal if it is hidden. An ordinary folding knife is essentially anything that you see at a store or flea market or market. The legal general rule is that if its concealment would cause suspicion or raise an eyebrow, it is most likely illegal.
In the first two classes of knives discussed, the majority of knives are legal to own in Virginia. There are three specific types of knives that are illegal to possess. The first are switchblade knives, but this does not mean that all switchblade knives are illegal to possess in Virginia; just switchblade knives that are capable of being deployed with a spring. There are, however, some exceptions to this. If you are a member of the armed services, or you are disabled and have a mobility impairment, then you are allowed to have certain switchblade knives. Not all switchblades are illegal, but those specific types of switchblades are illegal. The second type of knife that cannot be owned in Virginia are any type of knife that has a blade length of four inches or longer. The third type of knife that cannot be owned in Virginia are dirks, daggers, bowsies (bowie knives), and stilettos, and this is where most of the confusion lies. The reason why there is confusion is that Virginia has essentially combined the first two classes of knives, which are legal and not legal to carry concealed, into one class—dirks, daggers, and stilettos—and says that this class of knife cannot be owned. This means that knives that most people generally think are a dirk or dagger, such as a bowie knife, are illegal to own, gift, buy, sell, or otherwise possess. The state says that these types of knives are not dirks or daggers, but people can then be charged with carrying a concealed bowie knife because it is still a dagger as far as the law is concerned.
There a few practical pieces of advice to consider when purchasing a knife, maintaining a knife collection, or gifting knives to another person. First of all, knives should be kept within a lockable area that is secured within the home when not in use, in order to prevent theft or misuse. Second, get a locking display case to prevent a child, teenager or house guest from gaining easy access to the knives. Third, if you have children, teach them about knife safety and how not to misuse a knife. Fourth, never try to buy illegal knives online. Selling or buying knives online can be a problem if they can’t be seen and have to be shipped. Your best bet for finding knives are in locally-owned shops that are either accumulations of various shops selling knives or just displays selling just knives. You should also compare prices online before making a purchase, but very few people buy knives over the internet. Online retailers who sell knives really happen on a small basis because most people do not buy knives over the internet.
Penalties for violating knife length laws in Virginia
If you are caught with a knife that is too long, you could face misdemeanor charges. This has a maximum penalty of one year in jail, and a fine of $2,500. This is not to say, however, that this will be the case for every such violation. Though criminal convictions may follow individuals convicted of illegal knife possession, those who plead guilty or are convicted of a criminal charge will still have a criminal record and will have paid additional legal fees. There are many other unpleasant results of breaking the law that pertain to illegal knives. Furthermore, most public employers (such as the military) will take note of a knife-related felony on your record like they would with other types of convictions. This can cause you to lose your job if you are an employee and cause you to be denied employment if you are not an employee. If you are charged with a knife-related felony , then it is best to contact an attorney as soon as possible so that you can prepare an adequate defense for your case.
Overall, any arrest for a knife-related charge should be treated seriously, especially if there is an individual who has sustained injuries as a result of your actions. In this situation, you will likely be charged with intent to injure (an even more serious charge than possession of an illegal knife), which is a felony. You should take any such charges very seriously, as a felony conviction may involve imprisonment for up to 10 years (at minimum) along with additional penalties.
Carrying knives: what a Virginian needs to know
Knife enthusiasts, like sword collectors, are also at odds with Virginia and its gun laws. While generally speaking, guns may be carried over in the open, there are still concerns about length restrictions (i.e., a 5 inch barrel on a holstered pistol is considered too long). Again, it is a grey area, with law enforcement, judges and juries determining whether or not such a weapon poses an obvious threat. When it comes to open carry knives, length typically does not matter, although size is relative. Ongoing debates between knife enthusiasts and legislators in Virginia have resulted in a revision of the law surrounding the transportation of knives.
The new Virginia knife laws regarding transportation are relatively straightforward, making certain exceptions to the gun law exemptions. According to this "grandfather clause," those broken laws in the previous versions of the law are now rendered moot. This clause applies to those who have been violating these laws for years, and consider themselves adherent to the Virginia Code Handbook. Case law in Virginia has ruled that a knife is not considered concealed if it is in plain view while you are driving or walking down the street. A sheath that is visible on your belt will not likely be perceived as a concealed knife, and similar items, such as a knife stored conveniently in an easy-to-reach place, will not be considered illegal hidden weapons.
The revised law will allow knives up to 3 inches in length to be transported within a school zone, as well as in other public places (such as bars and restaurants), as long as it is sheathed. However, the law makes one specific exception; knives where the blade is more than 3 inches are still considered illegal to carry in public. According to this new code, "Every knife carried openly must be sheathed." Some school districts have responded to the law by banning all knives, other than eating utensils. It is important for students attending high school in Virginia to obtain written permission from their parents before possessing knives of any size on school property, and to keep those knives sheathed during lunch periods and in the classroom. If students plan to transport these knives to school, they must be placed within an opaque, locked container (such as a gym bag or back pack), and must be unloaded.
Knife enthusiasts and collectors in Virginia
Best Practices for Knife Enthusiasts and Collectors
For knife enthusiasts and collectors in Virginia, there’s no need to worry about switchblades, automatic knives and other common "length" misclassifications. However, it’s always a good rule of thumb to use your knife collection responsibly with a modicum of common sense . That means that even if you’re confident that your knives are compliant with all the local laws in terms of blade length (assuming your knives do not exhibit characteristics that would be classified as "switchblade," "automatic," "gravity knife," or otherwise illegal), you should use your knives only for the purposes for which you purchased them – whether camping, participate in reenactments or other activities. Remember, many prosecutors will still classify a knife as dangerous based on intent, so do not brandish your knife while you are out in public, or use them for any other purpose other than the one for which it was acquired.