A General Guide to Carrying Knives in Virginia
Virginia’s laws governing knife carry are codified at § 22.1-311 of the Code of Virginia, which generally prohibits the concealed carrying of any knife with a blade of 3 inches or longer, and § 18.2-310.2:2 of the Code of Virginia, which generally prohibits the carrying of any knife with a blade of 5.5 inches or longer on school property.
Beyond these two regulations, the remaining prohibitions regarding knife carry in Virginia exist to specify those areas in which, and the manner in which, carrying a knife is prohibited. Certain categories of locations are considered "off-limits" for knife carry, including (but not limited to) , airports, courthouses, and, of course, schools, among others. Terminology such as "fixed blade," "gravity knife," or "dirk" is often used to define or limit the types of knives which can be carried in Virginia, but this terminology does not technically represent the way these items are defined and described in the law.
In general, the intent behind the various prohibitions on knife carry, when viewed in aggregate, is to discourage and deter the use of knives for injurious purposes. In other words, the law intends for knives to be used for their intended purpose as tools, while discouraging their use as weapons.
The Difference in Knife Types
Virginia law recognizes two types of knives: folding knives and non-folding knives, the latter of which include all forms of automatic knives or switchblade knives.
Folding Knives
The only legal distinction for folding knives under Virginia law is that they are legal to open carry, but not legal to conceal carry. The reason why folding knives may be carried openly but not concealed is because an officer attempting to enforce the prohibition against concealed carry of a folding knife must be able first to see the folding knife in order to determine whether to charge a person for carrying it concealed.
Non-Folding Knives
Non-folding knives, i.e., all forms of non-folding knives, including automatic knives, or switchblade knives, differ based on the weight of the blade and the length of the blade in order to constitute illegal weapons. Any knife not classified as a folding knife, by Virginia law, is a "non-folding knife." This means that both automatic knives and other fixed-blade knives fall into the "non-folding knife" classification and are governed by the same restrictions. In order to be a legal, non-folding knife, the knife must have a blade shorter than three inches or a blade longer than three inches and weighing less than 5.5 ounces. If either is present, i.e., blade length longer than three inches or weighing 5.5 ounces or more, then the knife is an illegal weapon, regardless of the type it is.
Concealed Versus Open Carry
In Virginia, the distinction between carried knives rests primarily on whether the knife is carried in an open or concealed manner. Open carry refers to carrying the knife in such a manner that it can be readily seen by others, usually in a sheath attached to the outside of clothing. Concealed carry is when the knife is carried in such a fashion that others cannot readily see it, or not readily ascertain that a knife is being carried; for example, it can be carried in a pants pocket or a jacket pocket, or under a belt in a sheath.
A general guide to concealed versus open carry of knives is that any dagger or dirk is always illegal to carry in Virginia whether it is open or concealed. This essentially covers all knives that can be lawfully carried in Virginia since dirks and daggers are defined as "any fixed blade knife with a blade over three inches in length" Va. Code Ann. 18.2-312. Unless the knife is an exempt knife under Va. Code Ann. 18.2-308, it is illegal to carry daggers and dirks. The only knives that are specifically exempt from criminal penalties under Va. Code Ann. 18.2-308 are hunting knives, sheath knives, folding knives with a blade of less than three inches in length, and kitchen knives. Va. Code Ann. 18.2-314.
Another generally applicable rule is that concealed carry of a knife can only be done on your own property or a business or vehicle owned by you or under your control. Va. Code Ann. 18.2-308 provides these locations as exceptions to the general prohibition against concealed carrying of knives in Virginia. A person also may possess or carry a concealed knife inside of their own home and inside of his own place of business grandfathering them in an exemption to criminal conviction under Va. Code Ann. 18.2-308(A).
However, even in those generally authorized situations, Va. Code Ann. § 18.2-308 prohibits the carrying of a knife, every day pocket knives being one example, in a concealed manner by an individual who is intoxicated regardless of venue. Va. Code Ann. § 18.2-314. In other words, and as set forth in Va. Code Ann. § 18.2-287, it is illegal for a person to "carry a concealed, dangerous weapon unless it is carried in a manner whereby it is not detectable with ordinary observation."
Penalties for violating Va. Code Ann. § 18.2-308 can result in misdemeanor or felony convictions. Carrying concealed knives is a class one misdemeanor and is punishable by confinement in jail for not more than 12 months and by fine of not more than $2,500. Va. Code Ann. § 18.2-308(A). However if an individual has been convicted of a carry concealed knife violation within ten years of the current criminal charge, this offense is punishable as a felony by confinement in of one to five years and a fine of up to $2,500 is authorized. Va. Code Ann. § 18.2-308(B). Thus, a person with one prior conviction in a ten-year period has the second offense punishable as a felony and a third can be punished as a felony in the next decade. A third offense will have that person facing two class five felony convictions, which is not a pleasant position to find yourself in.
Knives are one of the few prohibited items that may be taken for self-defense. However, concealment of the knife is considered very important. In sum, carrying knives is a flexible matter of venue restriction only. But if you intend to carry any blade other than a folding three inch knife, I would consult an experienced criminal lawyer.
Minimum Age to Carry a Knife
Virginia law prohibits minors from carrying many types of knives in public places. Fines or imprisonment may also be imposed on minors who violate the law, depending on their age and prior conduct. According to the Code of Virginia § 18.2-308.7: "It is unlawful for any person under the age of 18 to carry a concealed knife in a public place. A violation of this section is a Class 1 misdemeanor. In lieu of such punishment, the juvenile and domestic relations court may require the juvenile to participate in a juvenile accountability program." In addition to prohibited knife carry rules, minors may not purchase, sell, barter, exchange, or give knives commonly used for stabbing under Virginia law per the same Code of Virginia section as cited above. Young adults between the ages of 18 and 21 are subject to the same laws, but no restrictions apply to individuals over the age of 21.
Places Where You Cannot Carry a Knife
Certain locations are off-limits for any type of knife carry. For example, carrying a knife on school property is illegal, and schools include not just elementary and secondary educational institutions. It also includes pre-school facilities, career and technical educational centers, community colleges, colleges, and universities, so that’s practically any public or private institution governed by the Board of Education or the State Council of Higher Education.
Carrying knives in government buildings is also prohibited. These government buildings include court houses, or anywhere a magistrate can be found, courthouses, the General Assembly building, Virginia Employment Commission offices, the Department of Motor Vehicles, the Department of Medical Assistance Services, the State Police Academy, and any building or area where a law-enforcement agency is exercising law enforcement duties.
Certain areas of parks are off-limits knife carry territory as well , such as any part of Colonial National Park, any part of the areas under the jurisdiction of the state park system, any area owned by the Department of Conservation and Recreation, any area of the Battlefields Preservation Area, the Miller Center, the Wilderness Road Park, the Wolftrap Park, the portion of the James River below the federal Goose Creek Dam, Fort Monroe and all access roads, the Center for Innovative Technology, and any other State Park designated by regulatory action.
In addition to government buildings and educational institutions, carrying a knife is prohibited in several areas of Northern Virginia, such as on any portion of the George Washington Parkway, any area subject to the jurisdiction of the United States Army Corps of Engineers, any land subject to the jurisdiction of the Metropolitan Washington Airports Authority or facilities operated by the Washington Metropolitan Area Transit Authority.
Penalties for Knife Carry Violations
Violate knife carry laws in Virginia and you risk both criminal and civil penalties. As for criminal sanctions, the Code of Virginia (Sections 18.2-308.1 and 18.2-308(I)(ii)) makes clear that every person convicted of possessing a dirk or bowie knife, a switchblade knife or a knife having a blade of three inches or longer on school property when there is reason to believe that another person may be present, shall be guilty of a Class I misdemeanor. This is punishable by up to 12 months in jail and a fine of up to $2,500.00.
There is a Class 6 felony punishment for a person previously convicted of violating Section 18.2-308.1 who thereafter violates the provisions of that law.
The violation of any other knife carrying rules explained in this blog is a Class 1 misdemeanor subject to a maximum punishment of one year in jail and a $2,500 fine. For a third and subsequent offense, the penalty is elevated to a class 6 felony (between 1 and 5 years in prison). Notably, the Virginia General Assembly, using the word "knife" in its statutory language, effectively criminalized the possession of many common knives naturally found in everyday households. See, for example, the expansion of the definitions of "directory" and "bowie knife" as well as the broad definition of "dangerous weapon" under Virginia Law. Specifically, the legal definition in Section 18.2-311 includes anything resembling, designed or intended to resemble, fit or be adapted or designed for stabbing or cutting. Given that many types of knives can fall under this definition, the law in Virginia is far more severe than other states with simple possession of knife laws. Violations of knife possession laws can result in a state prison sentence of up to five years, plus a criminal record that can hurt you for the rest of your life.
Staying in Compliance
Knowledge is power, especially when it comes to understanding complex legal statutes and regulations like Virginia’s knife carry laws, if you don’t know who you can trust for accurate information. As a knife enthusiast or a regular person who wants to carry a knife for practical or recreational purposes in Virginia, it is important to stay informed on any developments in the laws that could affect your rights.
A good place to begin is the official Virginia state statutes website. This resource will provide you with the most up-to-date and accurate information on local and state statutes. From this site, you can research specific regulations on various knives, such as dirks, daggers, switchblades, and other fixed and folding blades. Being able to compare these laws with other states will also allow you to know for certain which knives you cannot take with you when traveling.
The American Knife & Tool Institute (AKTI) is another valuable resource for tracking any relevant changes in the law. This non-profit corporation is an organization of volunteer knife professionals and enthusiasts who have dedicated themselves to promoting the advancement and use of knives in society . AKTI monitors knife-related legislation on both the national and state levels, supports the programs and initiatives of the U.S. knife industry, and works closely with various organizations to promote safe, responsible knife awareness and use. On their website, you can contact them about any new anti-knife legislation so they may consider monitoring it for you.
There are numerous groups on social media focused on blades and knife users. Many of these groups accept individuals from all walks of life, though some may be tailored more towards collectors and enthusiasts. These groups can prove to be an especially useful tool for staying up to date on current events in the knife community. Reach out to these groups to establish a rapport with the members, and perhaps you can find a season collector or enthusiast to be an unofficial liaison to what is happening in the world of knives.
While many sources exist to help you stay informed, which facts you learn will determine how well you are able to avoid running afoul of the law. By compiling accurate data and resources on Virginia’s knife laws and regulations, you will be able to take on any future issues you may encounter in a responsible manner, and to ensure that you know what is, and is not, permitted in the Commonwealth.