To my knowledge, there is no prescribed blade length for either a fixed or folder in Virginia. Here is a portion of the relevant CCW statute:
§ 18.2-308. Personal protection; carrying concealed weapons; when lawful to carry
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 shall be guilty of a Class 1 misdemeanor.
Case law does provide some guidance on the above statute with respect to a fixed blade. See Gilliam v. Com., 49 Va.App. 508, 642 S.E.2d 774, (2007), which provides in part:
“n order to be a ‘weapon’ within the definition of ‘weapon of like kind,’ the item must be designed for fighting purposes or commonly understood to be a ‘weapon.’ ” Id. Once the item is determined to be a weapon, it must then be determined if the item possesses similar characteristics to the enumerated items in Code § 18.2-308(A), thus, making its concealment prohibited. Id.
To be a “weapon of like kind,” the knife must first be a weapon. Generally, a weapon is “[a]n instrument of offensive or defensive combat: something to fight with.” Delcid, 32 Va.App. at 18, 526 S.E.2d at 275 (citing Webster's New Collegiate Dictionary 1326 (1977)). Because a bladed instrument may be “possessed and used for non-aggressive as well as aggressive purposes,” determining whether the knife “is an implement or a weapon requires consideration not only of the physical character of the instrument itself, but also of the circumstances surrounding its possession and use.” Id. at 19, 526 S.E.2d at 275. Although the purpose for carrying the knife is irrelevant under Code §§ 18.2-308(A) and 18.2-308.2, “that purpose is one of the defining characteristics of the item in question.” Id.
Here, as shown, the knife in question has a 6-inch blade and a 5 1/2-inch handle. The blade has one dull, straight edge, and one sharp edge. Both edges come to a sharp point. The knife contains the inscription “MCR-11 Handmade” on one side, and “Taylor/Seto Surgical Japan” on the other. The knife does not fold to cover the blade. Rather, a leather sheath protects the blade. The knife is clearly not an “innocuous household [knife or an] industrial kni[fe] which may be carried for legitimate purposes.” Richards, 18 Va.App. at 246 n. 2, 443 S.E.2d at 179 n. 2. Nor is it an implement possessed for “non-aggressive” purposes. See generally Delcid, 32 Va.App. at 19, 526 S.E.2d at 275. Moreover, Gilliam did not possess this item during the day at a job site. Instead, the knife was found in his possession after he was arrested for public intoxication around ten o'clock at night. And although Gilliam testified that he used the knife for construction, the trial court found this testimony incredible. Thus, we hold that there is sufficient evidence to support the conclusion that the knife in question is a weapon.
