Virginia Law concerning Balisongs

M

majik89d

Joined
Nov 9, 2008
Messages
7
Hello all,
I am new to Balisong, and attend college here in VA and was wondering if anyone knew anything about laws concerning their legality. I have always heard they were illegal, but upon further research into VA state law I found no mention specifically of them as I have seen in other state's laws. VA only mention's switchblade's and "anything resembling the aforementioned".

Can anyone shed light on this for me?

~Mudre
 
Is that yes that means yes I can carry it, or yes it is illegal?

Also,

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=va&vol=2708041&invol=1

"A "weapon of like kind" includes a knife that, while not possessing the exact physical properties of the enumerated knives, has the characteristics of a fighting knife just the same. A butterfly knife, for example, is a locking pocketknife that folds into a two-part hinged handle. Its unusual handle does not resemble any of the knives listed in the statute. But its utility as a fighting weapon makes it a "like kind" weapon under Code  18.2-308(A)(v). Delcid, 32 Va. App. at 18, 526 S.E.2d at 275. In particular, its "fixed blade, sharp point, and
single-sharpened edge afford unquestionable utility as a stabbing weapon, useful in the same manner as a dagger, stiletto, or dirk."

??????


~Mudre
 
I lived in VA for many years, and it was always my understanding that balis were illegal. I could be wrong, but VA cops are pretty hardcore- at least in the north (Fairfax, Arlington counties etc.) Elsewhere in the state, things are a bit more relaxed.

The good news is that other folders up to 4" are fine to carry (not including autos). You can own balis in VA, but I personally wouldn't carry one. When I was a kid, one of our neighbors got busted for carrying a little keychain bali, and they hung him out to dry. He was a jerk, though, and who knows what else he was up to at the time.
 
Legal to own and carry openly. Illegal to carry concealed. The case you quoted is the relevant Court decision.
 
majik89d said:
Is that yes that means yes I can carry it, or yes it is illegal?

Also,

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=va&vol=2708041&invol=1

"A "weapon of like kind" includes a knife that, while not possessing the exact physical properties of the enumerated knives, has the characteristics of a fighting knife just the same. A butterfly knife, for example, is a locking pocketknife that folds into a two-part hinged handle. Its unusual handle does not resemble any of the knives listed in the statute. But its utility as a fighting weapon makes it a "like kind" weapon under Code 18.2-308(A)(v). Delcid, 32 Va. App. at 18, 526 S.E.2d at 275. In particular, its "fixed blade, sharp point, and
single-sharpened edge afford unquestionable utility as a stabbing weapon, useful in the same manner as a dagger, stiletto, or dirk."

??????


~Mudre
Click to expand...

I thought the dagger/auto gave it away.
Yes means its legal, no means its not legal.

and yes, that caselaw is scary, but in my lay opinion its not definitive

Several important facts
1) he was felon, 2) interfering with a police investigation (don't engage people cops are talking to) and 3) in a high crime high drug area
and 4) he apparently represented himself in the trial (DUMB!)
and after losing a motion to strike the knife from evidence, he presented no defense, and let the trial judge be the knife expert.
He was super super screwed from the get-go because 1) he was up to no good and 2) he was very stupid, and 3) had an idiot for a lawyer.


very similar tactics in california, where they re-define dirk/dagger as any "readily available stabbing implement", folding knives while folded do not meet the definition, and a good lawyer should have been able to argue
the same in virginia


You should really get the http://www.kniferights.org/ folks to get an actual lawyer to examine this, or even send bernard levine $10 to answer it Is a knife legal in your state?


I, myself, would not chance it (were I in VA), as I wouldn't have the time/cash to fight this in court if I had gotten busted,
even though I believe that verdict was wrong ( "weapon of like kind", gee a moped is like a tank, illegal!! look, its only 2 wheels, but it has wheels and an engine, illegal!!).
 
majik89d said:
Hello all,
I am new to Balisong, and attend college here in VA and was wondering if anyone knew anything about laws concerning their legality. I have always heard they were illegal, but upon further research into VA state law I found no mention specifically of them as I have seen in other state's laws. VA only mention's switchblade's and "anything resembling the aforementioned".

Can anyone shed light on this for me?

~Mudre
Click to expand...

Here is a good link to a site that will help.http://www.thehighroad.org/library/blades/knifelaws.html
 
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