Virginia Knife Laws Summary
Knife statutes vary greatly from state to state and this is no different in Virginia. There are some restrictions on the types and sizes of knives that you can possess in Virginia, but carrying a knife for self-defense isn’t illegal based on current legal precedent in the Commonwealth. This means that carrying a knife is lawful in Virginia if the knife is not considered illegal or prohibited and you don’t trust that your carry style has avoided something illegal. Prosecutors and juries generally start with the idea that a knife you carry when you’re not using it simply belongs as a tool, like any other hand tool – except for the issue of size. While any knife can be used defensively, the law in Virginia and most other states on the use of it, means that as long as you’re not carrying an illegal knife, you’re carrying a knife for self-defense purposes and not for criminal purposes of assault, trespass or robbery. That is to say, legitimate knife ownership in Virginia is meant for utility , not for harming another person. Your knife should be carried so that it appears to be a utility knife rather than a weapon and the way you carry your knife makes a large difference legally. If a knife is carried at your belt, the prosecutor and juries would view this the same as carrying any other tool on your person, but if you carry a knife with its handle upside down or deliberately try to hide it, say by wearing it under your clothes, jurors and prosecutors may decide that you are carrying the knife for some unlawful purpose. The general rule of thumb is that a knife carried on your person in a utility fashion that is not used to stab or kill may be viewable by a jury as legitimate for utility purposes and not for the purpose of assault. Virginia knife law is also pragmatic; knives may not be used "unlawfully". What constitutes unlawful use will depend upon where you are found to be using the knife. A knife locks open or is a switchblade may not be carried in any car, truck, bus or vehicle in Virginia, but they may be carried in a boat, as one might encounter in a theme park riverside boardwalk; in the right configuration this too can be viewed as a utility.
Knife Length Legality in VA
As previously mentioned, there are several exceptions to the statutory knife length prohibition for concealed carry. Virginia Code Section 18.2-311(C) offers an "over 5.5-inch folding knife" exception which dramatically expands the 5.5-inch folding self-defense knife prohibition to include a blade whose measurement is over 5.5 inches as well. In particular, the exception reads: "Nothing in this subsection shall prevent a person from carrying a folding knife with a blade not exceeding 6.5 inches or a hunting knife or other type of fixed-blade knife, including a stiletto knife, provided that (i) it is clearly observable; (ii) the knife is carried for some utility other than personal self-defense; and (iii) on request of a law-enforcement officer, the person carrying the knife shall make it visibly available for inspection."
Note, however, that there is a significant caveat to this broader knife length exception. Carrying a knife with a blade in excess of 6.5 inches in this manner does not have the same legal protection afforded to the limitations of carrying a folding knife with a blade under 5.5 inches in length. Though technically permitted to do so, self-defense will not be a sufficient explanation when you have a clearly observable hunting knife or fixed-blade knife in excess of 6.5 inches. For this reason, individuals choose to remain within the restrictions imposed by carrying knives, such as the Spyderco Tenacious (which has a 4-inch blade). In this case, the exact length at the inner corner of the Ricasso (the flat portion of the blade before the sharpened portion, or the "back" of the blade) would be 4 inches, plus the length of the rounded, sharpened edge (approximately 1.5 inches) and a final full blade projection of 5.5 inches.
Penalties for Illegal Knives
The consequences for carrying a knife that will get you in trouble, either when you have a concealed weapon permit or not, can include both an arrest and a fine.
Any person carrying a concealed weapon (with or without a permit) faces imprisonment for not less than one year. This is a Class 6 felony. If the blade of the knife exceeds 3 inches in length, then it may also be held as an illegal weapon under Title 18.2 § 308. According to § 18.2-308.1: "§ 18.2-308.1. Carrying certain dangerous weapons concealed; penalties A. Any person who carries about his person any knife, razor, dirk, any bowie knife, switchblade knife, stiletto, any pen, cane, umbrella, dagger, leaded cane, throwing star, or shuriken, gravity knife, blackjack, or any device readily capable of inflicting serious physical injury, any taser or stun weapon, or any firearm, shotgun, rifle, or other dangerous weapon of any kind, concealed in a manner such that it cannot be seen unless the person is searched, shall be guilty of a Class 1 misdemeanor." According to § 18.2-309: "§ 18.2-309. Carrying certain firearms in public places; penalty (effective July 1, 2008) A. It shall be unlawful for any person to carry about his person, away from his home or place of business, any pistol, shotgun, rifle, or other firearm, whether operable or not, except in such cases as hereinafter set forth in this section, or upon a journey. It shall be an affirmative defense to prosecution under this subsection that (i) the accused was not in violation of any law, order or ordinance relevant to the purchase, ownership, possession or transfer of a firearm in Virginia or then applicable to the conduct of the accused at the time alleged in the complaint; (ii) such possession occurred during the course of an act of the accused attempting to comply, under color of law, with a court order regarding the possession of a firearm by the accused, or (iii) such possession occurred during the course of the accused’s performance of official duties as a law-enforcement officer, member of the armed forces or, in counties having a police department, employees of the police department in uniform or while on duty as described in the second paragraph of subsection E of § 15.2-1722. Further, possession outdoors of a firearm in an inherently dangerous manner shall not be an offense. B. Nothing in this section shall prevent persons having firearms in their possession (i) in their dwelling, place of business or on land owned or leased by them, (ii) outside of their dwelling, place of business or on land owned or leased by them while having a valid concealed handgun permit pursuant to § 18.2-308.02 or while otherwise legally authorized to possess a firearm, (iii) at their place of employment if he is a law-enforcement officer as defined in subsection B of § 9.1-101, or (iv) on a journey." According to § 18.2-310: "§ 18.2-310. Carrying concealed weapons in buildings used exclusively by Commonwealth, certain agencies; penalties; exceptions A. Any person carrying a concealed weapon upon the premises or property of any institution of higher education in the Commonwealth is guilty of a Class 1 misdemeanor. B. It shall be an affirmative defense if a person is charged with violating this section that the premises or property of the institution of higher education is not posted with a sign giving notice that concealed weapons are prohibited." This could mean you might be convicted of either a Class 1 misdemeanor or a Class 6 felony driving with a concealed weapon, depending on the knife and the situation. Both are crimes and a conviction could cause you to suffer serious criminal penalties for the rest of your life.
Knives in Public Spaces
In general, the law on carrying knives is more lenient when we’re talking about a knife inside your home or other private property. However, there are also a number of restrictions on carrying knives in public spaces. In fact, the legal definition of "public street, alley, sidewalk, or park" in Virginia includes any place of "business, amusement, or public resort where the public has a right to go." Put another way, if people generally are allowed to go there without an invitation, it’s probably considered public property.
Permitted Exceptions
The definition above does provide for a limited exception, however. In particular, a person is permitted to carry knives in public places as "otherwise provided by law." This means that even if an action is illegal under one law, it may be legal under a different law. Another notable exception is the law on public schools. Under Virginia law , certain restrictions do not apply to persons who possess or transport knives on school property as part of a divinity school, officers training program in the Virginia Military Institute, or similar program at a public institution of higher education. This exception obviously only applies to in-state schools, but it’s good to know if you ever have a reason to bring a knife with you to a public university.
Prohibited Areas
While people are generally permitted to carry knives on most public property in Virginia, there are also many locations where knives are strictly prohibited. They include but are not limited to any of the following: The important thing to understand about public knife restrictions is that those restrictions are generally enforced at the level of physical location. That is to say, if a location is declared a "public place" for a gathering or event, then the restrictions will apply to that place for the duration of the event.
Knife Exceptions and Special Cases
Over the years, courts in Virginia have occasionally carved out exceptions to the laws prohibiting particular knives. For example, while switchblades are generally illegal to possess or transport in the Old Dominion, an exception exists for switchblades with a spring release of one inch or less. In this area, it is critical to consult with a lawyer if you have any doubt as to the legality of your knife, as definitions and exceptions are frequently technical and are often decided on a case-by-case basis. Additionally, possession of any knife other than an automatic knife or a dirk or dagger is legal in a number of circumstances. Generally speaking, knives that are designed for lawful use (such as hunting, fishing, or occupational use) may be legally carried concealed with a permit. However, if you plan to carry a knife on your person for any reason, you should be aware that skirting the technicalities of the law can have serious repercussions. Getting an opinion from a lawyer is far cheaper than fighting a criminal charge.
Staying Up-to-Date on Knife Laws
Maintaining Knowledge About Knife Laws
Both Virginia residents and visitors should stay informed about any changes to state and local knife laws. As of January 2018, Virginia repealed unconstitutional laws that made it a crime to carry any knife over three inches into certain businesses, governmental buildings and parks. But lawmakers are considering several other laws that would be favorable to knife enthusiasts this legislative session, including one that would eliminate the ban on selling "switchblades" in the Commonwealth.
To remain aware of any upcoming changes in knife laws , research the following resources:
The Virginia Legislative Information System at lis.virginia.gov is a great resource for tracking active bills in the Virginia legislature. The site features all the bills heading to committee hearings at the Capitol and will list any progress made on them.
Knife Rights at knifeRights.org is an advocacy group focused on repealing laws that ban switchblades, as well as other "common pocket knives."
Knife World, a knife enthusiast magazine features a different knife designer from around the world on its website and in its print publication. It also keeps track of knife laws by state.
VirginiaKnifeRights.org, a Grassroots advocacy group dedicated to repealing laws restricting knives in Virginia.