Virginia’s Comprehensive Knife Law Guide
Virginia law generally prohibits all knives in schools, college campuses, and certain universities, and prohibits "switchblade" knives in state licensed facilities. In general, "switchblade" knives are defined as "any knife which has a blade that opens automatically by hand pressure applied to a button or other device in the handle of the knife."
Schools, Licensed Facilities, and Restricted Colleges & Universities
Va. Code Ann. § 22.1-281.1 (Restrictions on carrying weapons in school, college, or certain other educational institutions).
A person is guilty of a Class 4 misdemeanor if he has in his possession any blade, side, switchblade, or switch knife of any kind and is present on any school property or any property used for school purposes or a public institution of higher education in the Commonwealth or on any property owned or leased by a private institution of higher education in the Commonwealth. Such person is also guilty of a Class 4 misdemeanor if he has in his possession any blade, side, switchblade, or switch knife of any kind and is present at any institution of higher education owned or leased or controlled by (i) the Commonwealth, (ii) any political subdivision of the Commonwealth, or (iii) any non-profit corporation created by a political subdivision of the Commonwealth for public purposes or any property owned or leased by such an institution.
Furthermore, Va. Code Ann. § 22 . 1-280 prohibits any person convicted of a felony on two or more occasions from entering a public institution of higher education, in Virginia, or a college in Virginia that receives tuition benefits under Title 38.2, Chapter 43 of the Code of Virginia, or employing any person convicted of a felony on two or more occasions.
Va. Code Ann. § 18.2-308.1:4 (Carrying firearm or certain other weapons into certain places).
It is illegal for a person to carry a firearm or other weapon as described in subsection B into any of the following places:
• any building owned or leased by a public institution of higher education, as defined in § 23-7.4, or any private institution of higher education, as defined in § [. 23-7.4].
• any licensed child day center as defined in § 63.2-100, preschool, or daycare center for children, including facilities operated by localities; or
• any facility, including any Non-profit community center, recreation or youth organization, that is primarily intended for the use of children.
Except in self-defense where a firearm is used, it is illegal to brandish a firearm or a pneumatic gun unto another person in a public place in Virginia. Va. Code Ann. § 18.2-282 – Brandishing a firearm.
Out-Of-the-Front (OTF) Knives As of late 2012, Virginia has not created any statutes or legislation governing OTF knives specifically, other than the general restrictions on carrying knives into certain areas that are to be observed with any knife.
OTF Knives: A Primer
Defined, an OTF knife, short for Out-The-Front knife, is a type of knife that is characterized by its retractable blade which moves along a track within the handle and deploys straight out from the front of the handle. Importantly, and contrary to what this sounds like it might be, OTF knives are NOT automatically opening knives by default (i.e. not switchblades). Switchblade and OTF knives are different types of knives, though they may look similar at first glance.
You are most likely familiar with knives in which the blade folds in and out of the handle prior to use. In contrast, OTF knives are particularly useful because the blade deploys directly from the handle straight at the user. Hence, Out-The-Front. Importantly, the deployment of the blade can occur using one of two methods: manually (i.e. by hand) or automatically (i.e. switchblade). In Virginia, it is both legal to carry and concealed carry OTF knives, regardless of the deployment method used by the user.
Potential for OTF Knives being Legal in Virginia
OTF knives are legal to own and sell in Virginia. However, when it comes to carry, the laws become more complicated. Under Virginia law 18.2-311, one is committing a Class 1 misdemeanor if they carry "any dirk, bowie knife, switchblade knife, stiletto knife, or penknife, or any other dangerous weapon of like kind as a ready weapon for offensive or defensive purposes in a concealed manner".
Yet, Virginia also allows for "dirks, bowie knives, switchblade knives, stiletto knives, penknives, or any weapon of like kind made or sold for the purpose of being thrown". Under Virginia Code 18.2-311, knives that are sold or made for the purpose of being thrown are allowed to be carried concealed, because they do not have a "ready weapon for offensive or defensive purposes". In other words, a knife with a tipped blade cannot be used to stab someone.
Regardless of the wordplay, OTF knives are legal to concealing carry within the state.
Notable Virginia Exception and Restriction
Certain exceptions apply to the prohibition on carry concealed knives like OTF knives. The Code of Virginia provides for "some of the exceptions that apply to the prohibition of concealed weapons in Section 18.2-308. For example, this statute permits persons "who are at least 21 years of age . . . while lawfully carrying a firearm on or about one’s person" to lawfully carry "a knife with a blade of five and one-half inches or more in length." While the Office of the Attorney General of Virginia has commented in an opinion that this exception does not include folding knives and Spring-assisted knives, no similar comment exists regarding other automatics, including an OTF knife. Thus, there is no clarity on this issue. That said, it is always good practice to avoid uncertain areas of the law.
Moreover, while there are relatively few locations in Virginia where you can carry a concealed weapon without permission, certain locations are much more likely to prohibit an OTF knife. Those locations include "state owned, leased, or controlled buildings," airports, private property, schools, or a public place under the influence of drugs or alcohol.
Penalties for Illegal Knife Possession
VI. Legal Ramifications for Illegal Possession
Police in Virginia will often seize a knife(s) and test the knife to determine if it is considered an offense release mechanical knife under code § 18.2-232.2 based on a Supreme Court of Virginia ruling. The determination is not based on how a knife was acquired but whether it satisfies the definition set in that code section. If they decide it is an OTF knife, they will likely charge the owner with possessing it illegally and then you will have to go to court.
Virginia law sets forth the range of punishment for violating the "Weapons: Crimes involving firearms, stun guns, and certain other weapons." statute in the Code of Virginia §§ 18.2-89-132.3 . When you are charged with an offense in the Code of Virginia you will be given a penalty range.
The listed range in this article is a typical range unless otherwise stated. While unlikely, a potential maximum for most unlicensed OTF knife possession would generally be the punishment for a Class 4 felony, which carries a prison sentence of two to ten years plus a fine of up to $100,000.
A class 5 misdemeanor is punishable by up to $250 for a first offense and up to $500 for each subsequent offense. A person convicted of a Class 1 misdemeanor may be sentenced to one year in prison and/or fined up to $2,500.
The penalties you could be subject to if they charge you with illegal possession of an OTF knife in Virginia could cost you your freedom and, at the very least, your finances.
Recent Developments in the Virginia Legal Code
In 2015, the Virginia legislature passed SB 1336 into law. That law altered the definition of a dirk, to now mean, in part, ‘dirk’ means a stabbing weapon with a blade that may be opened or unlocked with one hand by a button, lever, or other device. This in essence, legalized OTF knives but it was the exception to the general rule of knife laws, and was limited to the five cities and counties identified in the statute.
In 2017, The legislature declared the section of law as to where OTF knives are legal, to be unconstitutional based on the reasoning that the restriction regarding the five localities appeared to violate the Equal Protection Clause of the United States Constitution, which limits the ability of states to apply laws unevenly among its citizens.
Since the 2017 Supreme Court ruling, all cities and counties can regulate OTF knives, however they cannot regulate OTF knives in a way that implicates constitutional concerns. In simple terms, all cities and counties can regulate OTF knives, but the regulation must not limit where you can legally carry the knife because of where you live.
Practical Knife Owner Insights
If you are the owner of an OTF knife or are considering purchasing one, there are several practical considerations to keep in mind. If you are unfamiliar with the term "OTF" or "Out-the-Front", it simply refers to any knife that employs a mechanism which allows the blade to automatically extend (or "deploy") and retract from the handle.
First, you should never take for granted that all OTF knives are legal. Knife manufacturers have vastly different designs and applications in their products. Some may be legal, while others may not. When in doubt, it is advisable to consult with an experienced criminal defense attorney regarding the legality of your knife.
Second, keep in mind Virginia’s exemption from prosecution for common carriers . If you conduct business as a common carrier, such as a taxicab driver, you may be exempt from prosecution for possessing or carrying an illegal knife. Furthermore, even if there is no exemption for common carriers, any time a portion of your business involves frequent travel through another state, you should avoid carrying any weapons on your person.
Third, be aware that certain types of knives are permitted, but others are illegal when "held" as a weapon. Thus, always keep in mind that multiple acts of possession and "holding" can lead to more severe charges and potentially greater punishments if you are arrested.
Finally, keep in mind that the local laws of many counties, cities, and districts in Virginia may place additional restrictions on knives.