Legal Question in Criminal Law in Virginia

Automatic Knife

I've owned an Automatic Knife (switchblade) for about 6 years but I've taken it out of the house only once since I bought it. The pertainant federal code seems to only regulate interstate commerce of switchblades except this one htt p://uscode.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t13t16+1633+4++%28switchblade%29%20%20%20%20%20%20%20%20%20%20 but seeing as Virginia is not a possession of the US, I don't see how it applies; is this correct? Virginia law explicitly prohibits carrying a switchblade concealed per htt p://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308, but that still leaves open carry. Then there's Virginia Law 18.2-311. It says that possession constitutes prima facie evidence of intent to sell... which would be illegal. So if I could prove that I did not intend to sell the switchblade, there would be no problem correct? Ultimately my question is, if possible, how do I legally carry an automatic knife in public?

PS: The URLs have spaces because the site prohibits them in the body. :S


Asked on 5/09/07, 10:08 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Automatic Knife

It should be obvious that the Commonwealth's criminal code does not favor carrying switchblade knives and it would seem that in so doing one would always risk the possibility of being charged under the statute which you've cited(Sec. 18.2-311)as long as it's on the books, so to speak, even thought the case would later likely be dismissed, meaning, yeah, it's probably more trouble than it's worth.

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Answered on 5/15/07, 11:44 am


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