‘Knife’ means an instrument, intended to be used or readily adaptable to be used as a weapon, consisting of a sharp-edged or sharp-pointed blade, usually made of steel, attached to a handle which is capable of inflicting cutting, stabbing or tearing wounds. This is significant because only a “Knife” as defined, along with a “Gravity knife” and “Switchblade knife,” is incorporated into the deadly weapon restrictions. Not all knives fit within the definition of “Knife” for purposes of Chapter 61, Article 7 of the West Virginia code. Bias towards closure is not an element of the gravity knife definition and the adverb “automatically” is an element of the switchblade definition. The definitions for gravity knife and switchblade knife are conventional. Defined terms pertaining to knives include: Definitions provide definitions for use within Article 7, captioned Dangerous Weapons. Effective Discussion: Defined Terms § 61-7-2.Ħ1-7-2. Restrictions on Carry in Specific Locations/Circumstances:Īll knives are ‘deadly weapons’ under § 61-7-11a which provides restrictions applicable to schools and court facilities. It is also unlawful to display and offer to sell to passersby on any street, road, or alley, any deadly weapon. It is unlawful per § 61-7-10 for anyone to knowingly sell, lend, or transfer a deadly weapon to a person prohibited from possessing a deadly weapon. Knives within the class of ‘deadly weapons’ may not be carried in a concealed manner by persons under the age of 21 who do not possess a provisional license.
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Possessing deadly weapons on premises of educational facilities reports by school principals suspension of driver’s license possessing deadly weapons on premises housing courts of law and family law courts Prohibited Knives: Brandishing deadly weapons threatening or causing breach of the peace criminal penaltiesĦ1-7-11a. Possession of deadly weapons by minors prohibitionsĦ1-7-10.Display of deadly weapons for sale or hire sale to prohibited persons penaltiesĦ1-7-11. Persons prohibited from possessing firearms classifications right of nonprohibited persons over twenty-one years of age to carry concealed deadly weapons offenses and penalties reinstatement of rights to possess offenses penaltiesĦ1-7-8. Relevant Statutes:Ħ1-7-3.Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age penaltiesĦ1–7–7. Minors – people under the age of 18 unless emancipated – may not possess knives in the deadly weapon class. People in this age group may carry knives in the deadly weapons class openly and/or apply for a “provisional license,” which, if granted, allows concealed carry. Persons at least 18, but not yet 21, commit a misdemeanor by carrying a concealed knife that meets the definition of a “deadly weapon.” There are various exceptions discussed below. There are no restrictions regarding the possession or carry of knives for individuals who have reached the age of 21.
The West Virginia statutory law regarding the possession and carry of knives is found in Chapter 61, Article 7 of the code, captioned “Dangerous Weapons.” A person’s age is a significant factor as to what knives may be carried concealed.
Three and one-half inches, as applied to any dagger, dirk, poniard or stiletto, or as applied to a pocketknife, are considered "dangerous weapons." See discussion.
Municipal Ordinances regarding knives are common in West Virginia. Schools:įor purposes of the prohibition of knives on school property, any knife, including a pocket knife with a blade three and one-half inches or less, is prohibited. Minors are prohibited from possessing deadly weapons unless the minor is married or otherwise emancipated.
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