Where can I find it in writing?

Z

ZipTieNinja

Joined
Mar 17, 2001
Messages
83
OK, This is getting ridiculous... (I'm in Virginia btw)

I love Balisong knives, and have been using them for 10 years now, and need proof that they are not illegal. I am in an EMT-B course to get certified so I can volunteer with my local rescue squad. One of the guys in the class is a corrections officer. He claims that they are illegal, but did not try to do anything about mine, or the switchblade anouther student had. He is a nice person, but thats what brought this up again... I have been told by some officers that they are, others that they are not, about 50/50. I used to be able to find the definition of a switchblade, and gravity knife in the Code Of Va., but now I can't. Where can I find it in writing? Who should I go to to find out in my local government?

Any help would be great. I just can't stand not having the proof I need to end the debate once and for all. :rolleyes: I think I may just give the DA a call and see what he/she has to say about the matter. The only thing I can get out of anyone is "its up to the officer involved".

I could get really broad and say this:
"The right of the people to keep and bare arms shall not be infringed"
The American Heritage Dictionary defines "Arms" as "A weapon, especially a firearm." this means knife laws are unconstitutional.
I don't think that argument would hold up in court though. ;)

Any help would be great, and a dirrect link would be even better.
Thanks, and stay safe,
Zip.
 
Balisongs are not illegal in Virginia. However, it is illegal to carry one concealed, because a balisong is considered to be a "weapon of like kind" to a dirk. :confused:

The case law is Delcid v. Commonweath.
 
dsvirsky,
Perfect! Thats what I needed. Got any more? :D I forgot all about case laws... I will try and find more on my own, thanks for the point in the right dirrection.

I tried the code of Va site. Not much help now. I was at one time able to find the definition for a switch blade, and a gravity knife, but I think they changed it or somthing... (I'll try some more) I was useing the "Its not this, or this, or that, so its OK" argument. Got pulled over for a bad sticker on my truck, and was able to get the officer to let my knife be. Of course, he said said it was illegal because it was considered a concealed weapon due to the fact that you could not see the blade when it was closed. :rolleyes:

The problem is that there is no state database for the police officers of Va to turn to, and find out for certain. You can't blame the officers for a lack of resources. They should have access in the cars just like they do with criminal info, and plate numbers....
Just so long as nothing is "added" in the creation of the database, it would solve a lot of problems. That and it should be public as well! That way we can know whats what, and avoid trouble to begin with.

Thanks for the help everyone. I will pass the info along to my class mate. ;)
Stay Safe.
Zip.
 
That link to the Delcid case and it's dissenting opinion is very interesting. Thanks for posting it. I would recommend it for anyone interested in knife law issues. It's a good illustration of how 2 judges can have 2 legally legitimate but opposite opinions on the question of whether the pocket knife in that case was illegally concealed. Furthermore, it illustrates how the phrase "or weapon of like kind" in a statute can extend the reach of the statute in a very subjective way. The issues are relevant not just to Balisongs in Virginia, but for knife owners everywhere.

By the same logic cited in the opinion, that statute could be interpreted to cover not just balisongs, but any sort of pocket knife, especially any one-handed opener with a locking blade and a point such as a Sebenza or many common modern pocket knives. In fact, the logic of the case might apply even more easily to a thumb-stud knife than a balisong.

It also points up the relevance of context, such as the fact that the defendant was the subject of a "disorderly conduct" complaint (although never charged with that) and he responded affirmatively to the question "do you have any weapons?" While these elements may not have been absolutely necessary in establishing the line of logic that led to the opinion, they were definitely discussed as contributory to the decision.

That raises the possibility that a person could legally conceal a balisong in VA if he does not characterize it as a weapon and does not become the subject of a complaint to the police. Furthermore, this case could be an example of how to combine several behaviours that separately would be legal, while together they are a crime.
 
big thing about virginia... it's a commonwealth, not a state... check local laws, but as stated before, most localities consider a balisong of like kind to a dirk or dagger, being it functions as a fixed blade in the full open position. So, its not too difficult to get a kydex sheath and carry it sheathed :)
 
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