This is a discussion on Expandable batons in Virginia . . . LEOS know ?? within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; Originally Posted by rhinokrk If your state refers to a lead/metal pipe as illegal, it's illegal. Call your DPS and ask. Huge +1 on training, ...
Our Constitution was made only for a moral and religious people. It is wholly inadequate to the government of any other"
~John Adams
Pocket knives are defined as folding blade of 3" or less. I see the point you're making regarding the "auto" portion baton or knife. The problem is in the intent or use of a baton. While it could be argued it is a good dog defense, no county prosecutor will buy that as an excuse if it is demonstrated you carry it everywhere.
One big problem we as citizens face is that LEOs generally refuse to answer the gray area questions, and the court system ignores them. At least that's been my experience.
I may be wrong, but I dont think that there is anything in the VA Code that gives a blade limit for a concealed pocket knife. I carry an Endura 4 (3.9 in blade) so I was just wondering.
“Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . .
----- Thomas Jefferson
NRA member
from the State Police web site...
18.2-308.1.
A. If any person possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308,...
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I don't agree since the intent is not in question. Its what you are legally allowed to posses and carry. The way I've always been told is VA code is written to tell you what you are not allowed to
We face that problem with everything we do, whether its driving or carrying. Some times people think arrested=guilty and that is definetly not the case.
You do not fight like you train nor will you rise to the occasion, but rather default to the highest level you have mastered....Officer B. Harnish.
I am not responsible for any mispelngs or gramcraker mistakes caused by auto correct!
Its not about guns..........Its about Freedom!
-Joe
Quando omni flunkus, moritati.
Virginia Citizens Defense League
Rustburg, VA Volunteer Rescue Squad
Your misunderstanding the differences. No head shots was in reference to using an ASP or some kind of a baton. Not a firearm.
Also understand the difference between lethal and non lethal force. When you deploy a firearm, it is automatically considered lethal force. So it does not matter where you may shoot the person. Just the fact that you are using a firearm puts you in the lethal force category.
An ASP can be considered a non-lethal weapon. However, the ASP has the potential to cross over into the lethal weapon category depending on how and where you strike the person. Hence no headshots. My department's policy was no strikes on any body part above the waist.
This is why I say if you are not trained and certified to use those types of weapons, they are more of a liability than an asset. You would probably have a better legal defense if you carried a baseball bat.
I will support gun control when you can guarantee all guns are removed from this planet. That includes military and law enforcement. When you can accomplish that, then I will be the last person to lay down my gun. Then I will carry the weapon that replaces the gun.
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I know this is weird but 2 weeks ago a guy I was with was assaulted by a guy with an ASP at the TGI friday in downtown Fairfax.
He was at the bar and some guy thought he was hitting on his GF. Anyway to make a long story short. The guy assaulted my friend in the parking lot. Hit him in the head with the ASP. My friends friend took the ASP away from the guy and beat the living snot out of the guy. Apparenlty brook all the bad guys teeth, ripped and pratically took off the guys face.
You do not fight like you train nor will you rise to the occasion, but rather default to the highest level you have mastered....Officer B. Harnish.
I am not responsible for any mispelngs or gramcraker mistakes caused by auto correct!
Its not about guns..........Its about Freedom!
I have to agree with Chooie. You have to read the entire 18.2-308.1 subA to get it.
Specifics straight from the VA Legislative Code in case anyone is still confused (found here: Legislative Information System ):
§ 18.2-308.1. Possession of firearm, stun weapon, or other weapon on school property prohibited.
A. If any person possesses any (i) stun weapon as defined in this section; (ii) knife, except a pocket knife having a folding metal blade of less than three inches; or (iii) weapon, including a weapon of like kind, designated in subsection A of § 18.2-308, other than a firearm; upon (a) the property of any public, private or religious elementary, middle or high school, including buildings and grounds; (b) that portion of any property open to the public and then exclusively used for school-sponsored functions or extracurricular activities while such functions or activities are taking place; or (c) any school bus owned or operated by any such school, he shall be guilty of a Class 1 misdemeanor.
-The Mist (2007)"My God David, We're a Civilized society."
"Sure, As long as the machines are workin' and you can call 911. But you take those things away, you throw people in the dark, and you scare the **** out of them; no more rules...You'll see how primitive they can get."
“Laws that forbid the carrying of arms . . . disarm only those who are neither inclined nor determined to commit crimes . . .
----- Thomas Jefferson
NRA member
Your answer on knives is going to come from case law.
This guy was carrying a large steak knife...
FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
This one had a kitchen knife.
FindLaw for Legal Professionals - Case Law, Federal and State Resources, Forms, and Code
One of our magistrates issued a warrant for a violation of 18.2-308 under the 'like kind' clause for someone who had concealed an ASP baton. I don't know what happened with this charge when it went to court.
Randy
Defensive Training Concepts, Inc.
Staunton, Va.
Has it been mentioned yet that use of batons constitute use of of deadly force? Because, you know, it is?
If you're looking for a less-than-lethal alternative, you're looking into chemical sprays and electronic devices. Not batons.
-B