I'd like some opinions on the legality of carrying a concealed fixed blade (BK14) in my state of VA. In VA, we ONLY have a concealed handgun permit that ONLY covers guns and NOT any other weapons such as knives. As a side note, I do have a valid gun permit, so I can legally conceal carry a gun, but not a razor or nunchakus. Also in VA, anyone who is not a felon can legally open carry a gun and any knife, machete, razor, slingshot, spring stick, metal knucks, etc, but there are restriction on conceal carry.
Here is the state code regarding knives:
I've been told that my bk14 could be considered a "dirt" or a "bowie knife", but I found this (Wayne Thompson v. Commonwealth) 2009 case law regarding a convicted felon conceal carrying a butterfly knife. In it, Mr Thompson's (a convicted felon) conviction was vacated and dismissed. His butterfly knife was considered a dirt or dirt like, but it was found that, unlike a dirt or sword, his knife didn't have 2 sharp cutting edges, a hilt, and it was not designed for thrusting, so it was not "like" a dirt.
It also seems as the VA Supreme court looked at the literal definition and characteristics that define a type of knife even going so far as to quote Webster's dictionary. Well here is webster's dictionary's ans dictionary.com's definition of a bowie knife:
My knife isn't a butterfly knife and the blade isn't "removable from it's handle", but it also does not have the characteristics of a stabbing (sword like) knife or a bowie. The bk14 does not have the important disusing features such as 2 sharp cutting edges or a hilt like a dirt, sword, or a bowie has. The bk14 is designed and marketed for cutting purposes. I believe that should it ever become an issue with me EDC carrying my knife under my shirt as a neck knife, the case law would vindicate me. Any thoughts?
Here is the state code regarding knives:
§ 18.2-308. Carrying concealed weapons; exceptions; penalty.
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 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. It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit.
https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308
I've been told that my bk14 could be considered a "dirt" or a "bowie knife", but I found this (Wayne Thompson v. Commonwealth) 2009 case law regarding a convicted felon conceal carrying a butterfly knife. In it, Mr Thompson's (a convicted felon) conviction was vacated and dismissed. His butterfly knife was considered a dirt or dirt like, but it was found that, unlike a dirt or sword, his knife didn't have 2 sharp cutting edges, a hilt, and it was not designed for thrusting, so it was not "like" a dirt.
VA Supreme Court's Excerpts said:Upon comparing its physical
characteristics to those of either a dagger or a sword, both of
which are included in the definition of a dirk, it is obvious, however,
that Thompson's butterfly knife is not substantially similar to
a dirk. While the butterfly knife's blade is four inches long
and has a sharp point at the end of the blade, it contains only
one sharp edge instead of two and has no protective guard
between the blade and the handle. Without two sharp edges and a
protective guard, we conclude that the butterfly knife is not
designed for stabbing purposes like a dagger, but rather for
cutting purposes.
http://www.courts.state.va.us/opinions/opnscvwp/1080445.pdf
VA Supreme Court's Excerpts said:On the other hand, a sword's blade may be used for cutting
or thrusting. However, one important feature of a sword is for
the blade to be set in a hilt. Thompson's butterfly knife does
not have a hilt. Instead, it is more akin to a pocketknife, in
that the blade is movable from its handle, and it folds into
itself.
http://www.courts.state.va.us/opinions/opnscvwp/1080445.pdf
It also seems as the VA Supreme court looked at the literal definition and characteristics that define a type of knife even going so far as to quote Webster's dictionary. Well here is webster's dictionary's ans dictionary.com's definition of a bowie knife:
a stout single-edged hunting knife with part of the back edge curved concavely to a point and sharpened.
a stout hunting knife with a short hilt and a guard for the hand
a heavy sheath knife having a long, single-edged blade.
My knife isn't a butterfly knife and the blade isn't "removable from it's handle", but it also does not have the characteristics of a stabbing (sword like) knife or a bowie. The bk14 does not have the important disusing features such as 2 sharp cutting edges or a hilt like a dirt, sword, or a bowie has. The bk14 is designed and marketed for cutting purposes. I believe that should it ever become an issue with me EDC carrying my knife under my shirt as a neck knife, the case law would vindicate me. Any thoughts?
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