If you’re a knife owner or enthusiast in West Virginia, it’s essential to familiarize yourself with the state’s knife laws to ensure you’re compliant and avoid any legal issues.
While West Virginia has relatively relaxed regulations for owning and carrying knives, there are still specific rules and restrictions that apply.
In this blog post, we’ll explore the key aspects of West Virginia’s knife laws, including legal and illegal knives, concealed carry laws, age restrictions, and prohibited areas.
West Virginia Knife Law Overview
West Virginia allows the ownership and carrying of various types of knives with relatively few restrictions. However, the state does regulate how knives can be carried, especially when it comes to concealed carry, as well as where they can be carried.
Legal Knives in West Virginia
In West Virginia, many types of knives are legal to own and carry. These include:
- Pocket Knives: These are typically folding knives with a blade shorter than 3.5 inches. They are not considered deadly weapons and are subject to fewer regulations.
- Hunting Knives: These knives are typically used for outdoor and hunting activities.
- Fixed Blade Knives: Fixed-blade knives are legal to own, but their carry may be more restricted.
- Bowie Knives: Large fixed-blade knives popular for hunting and self-defense are also legal.
- Swiss Army Knives & Multi-tools: These versatile tools that combine knives and other functions are generally legal to carry.
- Switchblades & Butterfly Knives: These are legal in West Virginia, but specific restrictions may apply regarding concealment and age limits.
- Gravity Knives: Legal, but with restrictions depending on age and how they are used.
While these knives are legal, be mindful of the concealed carry restrictions, particularly when it comes to carrying a knife with the intent to harm or in places where knives are prohibited.
Illegal Knives
West Virginia does not have a specific list of knives that are entirely illegal, but certain knives may face restrictions based on their usage, especially in relation to concealed carry laws. Some knives that may be more heavily regulated include:
- Switchblades
- Gravity Knives
- Ballistic Knives
- Metal Knuckle Knives
- Undetectable Knives
These types of knives are generally legal to own, but it’s illegal to carry them with the intent to harm, especially for individuals under the age of 21. Possessing or carrying one of these knives in a concealed manner may lead to misdemeanor charges, especially if you’re underage.
Carrying Knives in West Virginia
Open Carry
Open carry of most knives is legal in West Virginia. This means you can carry a visible knife without violating the law, as long as it does not exceed any specific restrictions.
However, knives that are categorized as “dangerous weapons” such as switchblades, gravity knives, or ballistic knives, may have limitations on their sale, transfer, and possession, as outlined in the West Virginia Code. Always be mindful of local rules for minors or restricted areas such as schools.
Concealed Carry
West Virginia allows the concealed carry of knives, but there are a few conditions:
- Age: If you are 21 or older, you can legally carry most types of knives concealed. However, knives carried for self-defense purposes may be scrutinized more carefully.
- Under 21: If you’re under 21 but over 18, concealed carry of knives classified as “deadly weapons” may be illegal. It’s essential to understand whether your knife qualifies as a deadly weapon, especially if it has certain characteristics, such as a long blade or automatic opening mechanism.
It’s also important to note that concealed carry permits for firearms do not automatically cover knives, so it’s crucial to ensure that you have the proper understanding of what is allowed when carrying a concealed knife.
Exceptions and Restrictions
Minors and Prohibited Persons
Individuals aged 21 and older are generally allowed to carry knives with fewer restrictions. However, if you’re between the ages of 18 and 20, carrying a concealed knife that qualifies as a “deadly weapon” could result in misdemeanor charges.
Restricted Areas
Even in a state like West Virginia with relatively relaxed laws regarding knives, there are certain areas where knives are prohibited, especially when concealed. These include:
- Government Buildings: Carrying a knife with a blade longer than 4 inches into courthouses, city halls, or other government buildings is illegal.
- Schools: Schools, including K-12 educational facilities, prohibit the possession of knives, regardless of whether the blade is concealed.
- Other Locations: Some private properties or businesses may restrict the carrying of knives, particularly if the property owner has posted signs indicating that weapons are not allowed.
Tools and Implements
West Virginia makes exceptions for knives that are used as tools or implements. For example, knives used for recreational activities like fishing or hunting, or for general utility purposes (such as pocket knives), are generally exempt from most restrictions as long as they don’t meet the criteria for a “deadly weapon.”
Local Knife Ordinances and Statewide Preemption
Statewide Preemption
West Virginia has statewide preemption laws, which means that localities such as cities or counties cannot pass or enforce regulations that are stricter than state laws regarding knives.
This ensures that knife laws are uniform across the state, and local governments cannot impose harsher restrictions than those set by the state legislature.
Notable Legal Cases
- State of West Virginia v. Alexander Thomas Infante: In 2023, Infante was charged after using a knife to threaten a taxi driver. This case highlighted the legal proceedings surrounding the use of a knife as a weapon in a public setting.
Timeline of Major Knife Law Changes
- 2016: The West Virginia Legislature overruled a veto from the governor, leading to the enactment of Bill 2016 WV HB 4145. This bill repealed and amended several provisions regarding the carry of deadly weapons, including knives.
- 2020: Senate Bill 96 added knives to the state’s definition of “deadly weapons” under the preemption law, limiting local jurisdictions’ ability to regulate knives.
West Virginia offers relatively flexible laws when it comes to owning and carrying knives. However, it’s essential to understand the specific restrictions surrounding the concealed carry of certain knives, the age requirements, and the prohibited areas where knives are not allowed.
Always be aware of the laws governing your type of knife, and ensure you’re compliant with local regulations, especially when it comes to concealed carry.
