Introduction to Virginia Knife Laws
Virginia law does not prohibit possessing or transferring knives; however, the laws do prohibit certain knives in certain circumstances and in certain locations. We’ll discuss these exemptions and limitations below.
In Virginia there are two primary statutes, both forming Title 18.2 Chapter 4: Crimes Involving Weapons, that directly impact knife law. Section § 18.2-311 is entitled "Prohibition of carrying concealed weapons; penalty" and it mentions knives, swords, daggers and other studded and blade weapons, and section § 18.2-308.1 is entitled "Concealed weapons." § 18.2-308.1 is a subsection of § 18.2-311 and details the carrying of concealed weapons, so that is where we’ll focus for the remainder of this post.
There are many types of knives, both fixed and folding, that are prohibited from being concealed upon one’s person under § 18 . 2-311, including a dirk, bowie knife, switchblade knife, stiletto knife, and many other types of knives and blades (this can also be seen on this link – § 18.2-311).
Also, under Virginia law, if you have a concealed carry permit, you may still not carry certain knives into certain locations, such as a school, courthouse, or into the Capitol of the Commonwealth of Virginia.
However, if you have your concealed carry permit, you can, generally speaking, have most types of knives, folding or fixed, if they are out in the open and visible or otherwise unconcealed.
It is important to note that each of these exceptions, limitations and rules has nuances that could change them drastically. Therefore, we strongly encourage you to consult an attorney if you’re going to be carrying a knife for any substantial period of time, especially if it’s a knife that could fall into any of the restricted categories.
Legal Definition of Automatic Knife
Automatic knives, also known as "switchblades," are defined in Virginia’s statutes as "any knife which has a blade which opens automatically by the force of gravity, by a thumb pressure on the handle, or by any other mechanical means or any similar knife known by any other name" (Virginia Code §18.2-250.5). Simply put, a substantial portion of the heel of the blade is housed in the handle of the knife, with either a spring or some other mechanism pushing the blade open if the handle is pressed on an object ("the thumb pressure" language in the statute). With many of these switching mechanisms, an additional step of pushing a "button" to either engage the spring or release the blade is required before the blade can open: in other words, even though the knife can open automatically with the device engaged, it cannot actually do so unless it is pressed against something and the button is pressed as well. The entire mechanism can come pre-loaded, requiring that secondary button to be pressed while also pressing the knife against an object to open the blade. Virginia law makes no distinction between these mechanisms; if the knife portion is released, it opens automatically by "some other mechanical means."
One point of clarification to make is that the knife itself is not the only part of the weapon that has to be concealed: the entire mechanism for opening the knife must also be concealed. Concealing only the knife is not adequate to comply with the statute. Likewise, the statute does not apply to knives specifically designed for military use.
Automatic Knife Law in Virginia
As of 2023, with the enactment of both HB2041 and SB1235, the sale and possession of any automatic knife is allowed. These two Bills repealed the Code of Virginia §18.2-248.2 which prohibited the manufacture, importation into Virginia, sell or to offer or expose for sale of an automatic knife, which was defined to be a knife or other implement whose blade extends automatically or semi-automatically by a spring action and is designed so that when substantial pressure is applied to the blade, the blade is released from its handle and opens while deployed. This repeal also repealed Code of Virginia § 18.2-248.1 which had been passed in 2018 and prohibited one unless duly authorized by law to possess one, knowingly and intentionally, in a concealed manner upon his or her person or in or on any vehicle or boat in the Commonwealth an automatic knife that was not a suspended concealed weapons permit. Violating this prohibition was Class 6 felony until it was repealed this year.
Notably, Virginia law still classifies certain knives as a deadly weapon. Specifically, all knives and bladed tools with a blade 3 inches or longer are prohibited from being delivered inside a correctional facility under Code of Virginia §53.1-203. Such delivery is a Class 6 felony.
In addition, knives, except for safety folding knives, are prohibited from being possessed in the following places:
- schools.
- courthouses.
- airplanes.
- state correctional facilities.
- offices of the Virginia Employment Commission.
- offices of the Department of Veterans Services.
- offices of the Department of Motor Vehicles.
- the office of the State Treasurer.
- the office of the State Comptroller.
- the office of the Department of General Services.
- the office of the State Inspector General.
- the office of the Attorney General.
Concealment and Carry Restrictions
Carrying an automatic knife or knife with a push-button blade into certain places in Virginia can be illegal. Automatic knives, commonly called "switchblades" or "automatic knives" are illegal to possess in schools, courthouses, and certain other specified locations. The same is true for carrying switchblades, spring-assisted knives and folding knives with a blade of three inches or more that can be unlocked with no more than a flick of the wrist. Va. Code § 18.2-311(A)-(D). In addition, no person shall carry an automatic knife concealed unless it is a "pen" or "writing instrument." Va. Code § 18.2-311(D). Concealment of a pen knife does not violate the concealment statute, but if it otherwise meets the definition of "automatic knife" under Virginia law, it remains illegal to possess in certain restricted locations (discussed below) and to carry concealed in Virginia.
Legal Exceptions & Penalties
Exemptions and Penalties
If you happen to be an agent of the state government or a military member, you are exempt from the restrictions of this law. However, an agent of a federal entity is not given the same exemption and is still restricted. The only way for a federal employee to own an automatic knife would be for him/her to obtain a federal permit that allows them to do so. Failure to have this permit , in addition to a blade greater than three inches, is considered a class one misdemeanor in Virginia.
If an individual is charged with a violation of Va. Code § 18.2-311, he or she would not only be classified as a people who own automatic knives, but also be charged with a class one misdemeanor for violating this particular law, unless the individual fell under the category of being exempt or obtained the federal permit.
Legitimate Self Defense and Practical Issues
Many knife enthusiasts will point out that the main argument for why automatic knives are often a good choice for self-defense is because they can be deployed faster than a folder with a thumb stud or plain nail knick. However, from an overall practical standpoint, this may be slightly misleading. From a liability perspective, there is also a significant difference.
First off, most knife enthusiasts will tell you that the general consensus in the self-defense community is that a knife should only be the weapon of last resort. Knife defense should likely be avoided if possible, given that the vast majority of knife attack situations end up with the knife being turned on you and you getting killed. The thinking here is that a knife by design is meant to be the threat you turn to when someone based on your actions knows your intentions and threatens to kill you. If the threat isn’t that existed in most knife attack situations, then the knife is not really necessary.
Many people which discuss the issue of self-defense knives in forums and other places online will refer to the "21-foot Rule" in terms of a baseline distance one can be at from an attacker and still have a fighting chance. The basis behind the theory is that the average person has about 1.5 seconds to react to an attack (such as a knife being pulled and then immediately attacked) and that the average human can cover about 10 feet in one second.
In essence, if you can maintain a 21-foot distance with your much heavier and faster attacker while armed with a knife, you will have time to react and likely still live to talk about it. This becomes less true of real-life incidents, but those who are in the "knife self-defense community" frequently refer to this as a benchmark for a knife to be effective.
However, it is also a commonly held belief amongst criminologists that impacting physical distance is not as great a factor in determining the outcome of a violent confrontation as the reaction time of the involved parties. As such, it may actually be relatively difficult to actually maintain a 21-foot distance throughout a confrontation, unless you happen to get really lucky with your timing. To be frank about this, the likelihood of this happening is almost non-existent.
The practical use of an automatic knife has some solid legal basis to consider. Since automatic knives can be, along with other ‘deadly weapons,’ grounds for an affirmative defense of self-defense, the use of one in a threatening situation may be legally justifiable if your actions prior to deployment of the knife had somehow created the situation in which a self-defense was appropriate. As such, drawing the knife to make a threat or to pursue the attacker may not be legal, even if the attacker uses a deadly weapon in the first place.
How Knife Laws Compare in other States
In Virginia, automatic knives are considered illegal switchblade knives and are only permitted to be possessed by those with a valid permit or who are exempt by statute. Texas is also rigid in its regulation of automatic knives: section 46.13 of the Texas Penal Code defines prohibited weapons, which are misdemeanors in most cases, to include a knife that has a blade that automatically opens or mechanically releases a blade or folds into the handle. Oklahoma, on the other hand, is far more lenient than most states. The possession of an automatic knife is permissible under any circumstance in that state. Other states like New Jersey and New York also have blanket bans prohibiting ownership of any automatic knife, regardless of context or circumstance . For reference, North Carolina is in fact much more lenient than Virginia, as section 3 -10 of its general statutes allows for unlimited private ownership of automatic knives only prohibited carry at "public assemblies, parades, funerals, or other demonstrations of any kind upon the streets or highways or other public property of this State." The ban on public carry is also not applicable to law enforcement agencies or officials. The absence of legislation prohibiting the possession or carry of automatic knives definitely gives North Carolinians more leverage than their counterparts south of the border.