Legality of automatic knife?
This is a discussion on Legality of automatic knife? within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; Hi,
I'm new to the forum, and this would seem the best place for this thread.
I was given a Benchmade Presidio 5500 for Christmas ...
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January 26th, 2010 07:27 PM
#1
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Legality of automatic knife?
Hi,
I'm new to the forum, and this would seem the best place for this thread.
I was given a Benchmade Presidio 5500 for Christmas by my brother. He and I both hold Virginia CCW permits. He told me that it is legal for me to carry this knife in Virginia as long as I have a valid CCW. I can't find anything in the Virginia regulations pretaining to legal/illegal carry. Could someone point me toward the laws that pertain to this? It's a beautifully made, sharp knife, and maybe even superior to my SOG thumb opener.
Thanks
Tom
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January 26th, 2010 07:27 PM
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January 26th, 2010 07:43 PM
#2
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Virginia Code Section 18.2-311 describes certain weapons, including some knives, which are illegal to possess in Virginia. Additionally, refer to for specific prohibitions concerning concealed weapons. It is suggested that you contact your county or city authorities to inquire as to whether or not there are applicable local ordinances.
More specifically.....LIS > Code of Virginia > 18.2-308
Google is your friend 
Hope this helps.
“Owning a handgun doesn’t make you armed any more than owning a guitar makes you a musician.” Jeff Cooper
http://carniakcustom.com/
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January 26th, 2010 07:56 PM
#3
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This is where I'm confused. Va Code 18-2.308, section A, lists weapons which are illegal to carry. Section D states conditions for legally carrying concealed weapons. If you have a permit, it is still illegal to have a spring operated knife? Am I just not reading it correctly, or is it a little confusing. If it's illegal, I would seem to have a $200 fishing sinker, since I cannot sell, trade or barter the knife.
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January 26th, 2010 08:01 PM
#4
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Contact your local PD with a "hypothetical" situation. I have a friend in the York County Sheriff's department you can call. His name is Officer Henry. Tell him MoHawk told you to call him and ask. Also, welcome to the forum from right down the road.
Freedom itself was attacked this morning by a faceless coward, and freedom will be defended

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January 26th, 2010 08:05 PM
#5
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I was under the impression that automatic knives were goverened by federal laws and not state. I am not saying this is fact, just my impression.
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January 26th, 2010 08:14 PM
#6
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Originally Posted by
RMS
I was under the impression that automatic knives were goverened by federal laws and not state. I am not saying this is fact, just my impression.
Import of automatic knives is a federal concern; any knife which separates ("shoots") the blade could be classified as a concern. But a basic switchblade or similar which is already in-country is not a federal matter. IANAL!
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January 26th, 2010 08:15 PM
#7
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Just curious, what does IANAL stand for? I have a dirty mind and read it WAY different lol
Freedom itself was attacked this morning by a faceless coward, and freedom will be defended

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January 26th, 2010 08:38 PM
#8
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IANAL = I Am Not A Lawyer
Knife laws are different by state. In NC for example, our CHP only permits carry of a handgun, not any other kind of weapon. Concealed carry of a "pocket knife" is legal without a permit, unless it has any kind of spring or automated opening mechanism. I am not certain, but I think carry of such a knife is legal if it is not concealed (clipped to your belt or whatever).
Some states issue concealed weapon permits that permit the concealed carry of certain knives that would otherwise be illegal.
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January 26th, 2010 08:43 PM
#9
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Thanks. See? I was WAY off
Freedom itself was attacked this morning by a faceless coward, and freedom will be defended

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January 27th, 2010 10:42 AM
#10
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Originally Posted by
MoHawk
Just curious, what does IANAL stand for? I have a dirty mind and read it WAY different lol
Acronym Finder
is also your friend, I use it a lot.
Abbreviations and acronyms dictionary: Find definitions for over 4,219,000 abbreviations, acronyms, and initialisms
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January 31st, 2010 05:08 PM
#11
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Love to know if these knives can be carried in CT?
I was looking at them online. Are they built well?
What about an assisted folder?
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January 31st, 2010 06:09 PM
#12
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Originally Posted by
Extreme Defender
Love to know if these knives can be carried in CT?
I was looking at them online. Are they built well?
What about an assisted folder?
- They're not legal in CT since automatics are considered switchblades. Assisted folders are perfectly legal since you actually have to manipulate the blade a certain distance before the spring is activated.
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January 31st, 2010 06:24 PM
#13
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Thanks for the info.
Anyone want to suggest a good high end assisted folder legal in CT?
Links please!
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January 31st, 2010 06:24 PM
#14
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Just because you have a permit to CC dose not include all weapons, if the weapon is illeagle to own then oviously you canot carry, this includes auto open knifes, machine guns, and grenades.
I had the same problem in Ky when I was with the 101st ABN (ASSLT) div, as a rappel master I was issued a Benchmade auto open knife, however I coluld not leagaly posess in Ky, the Army has sence then issued licences thru local states to those whos job requires this type knife.
Bottom line, check with local LE
Timid people sleep peacefully at night because rough men stand ready to do violence on their behalf.
Molôn Labé!
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January 31st, 2010 06:35 PM
#15
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Originally Posted by
Extreme Defender
Thanks for the info.
Anyone want to suggest a good high end assisted folder legal in CT?
Links please!
I think the Kershaw Scallion/Chive/Leek has one of the best assisted opening mechanisms on the market.
Kershaw Ken Onion Leek Black Tini Plain Edge Assisted Opener 3" blade - Knifecenter.com
You can also look at the Benchmade knives with Axis locks. They are not assisted opening, but are extremely fast to deploy. You can adjust the tension on the Axis lock and can literally flip your wrist to open the knife. The Axis lock is also one of the strongest locks on the market. It's my EDC.
Benchmade Kulgera Axis Lock 3.6" Black S30V Plain Edge Blade Model 930BK - Knifecenter.com
My next knife is going to be an Emerson with Wave opening. You can actually open it faster than a switchblade. You simply "hook" the Wave on the corner of your pocket and the knife will open up as soon as you take it out of your pocket.
Emerson Knives at Knife Center
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