Quick Legal Facts
Statewide Preemption:
Yes, effective May 31, 2020.
Minors:
Minors are prohibited from possessing deadly weapons unless the minor is married or otherwise emancipated.
Schools:
For purposes of the prohibition of knives on school property, any knife, including a pocket knife with a blade 3 1/2 inches or less, is prohibited.
Major Cities with Knife Ordinances:
Municipal Ordinances regarding knives are common in West Virginia.
Critical Dimensions:
3 1/2 inches, as applied to any dagger, dirk, poniard or stiletto, or as applied to a pocketknife, are considered “dangerous weapons”.
Restricted Knives:
None notes.
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. There are no restrictions regarding the possession or carry of knives for individuals who have reached the age of 21.
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. 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.
Minors – people under the age of 18 unless emancipated – may not possess knives in the deadly weapon class.
Relevant Statutes:
61-7-2. Definitions
(2) Gravity knife,
(3) Knife,
(4) Switchblade knife, and
(9) Deadly weapon,
61-7-3. Carrying a deadly weapon without provisional license or other authorization by persons under twenty-one years of age; penalties
61–7–7. 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; penalties
61-7-8. Possession of deadly weapons by minors; prohibitions
61-7-10. Display of deadly weapons for sale or hire; sale to prohibited persons; penalties
61-7-11. Brandishing deadly weapons; threatening or causing breach of the peace; criminal penalties
61-7-11a. 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
Statewide Preemption:
Yes. Effective May 31, 2020
Restrictions on Sale or Transfer:
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. It is also unlawful to display and offer to sell to passersby on any street, road, or alley, any deadly weapon.
Concealed Carry:
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.
Restrictions on Carry in Specific Locations/Circumstances:
All knives are “deadly weapons” under 61-7-11a which provides restrictions applicable to schools and court facilities.
- Definition of “Knife”
Not all knives fit within the definition of “Knife” for purposes of Chapter 61, Article 7 of the West Virginia code. This is significant because only a “Knife” as defined, along with a “Gravity knife” and “Switchblade knife,” is incorporated into the deadly weapon restrictions.
“Knife” is defined as follows:
‘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. The term ‘knife’ shall include, but not be limited to, any dagger, dirk, poniard or stiletto, with a blade over three and one-half inches in length, any switchblade knife or gravity knife and any other instrument capable of inflicting cutting, stabbing or tearing wounds. A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports or other recreational uses or a knife designed for use as a tool or household implement shall not be included within the term ‘knife’ as defined herein unless such knife is knowingly used or intended to be used to produce serious bodily injury or death.
- Definition of “Deadly Weapon”
The pertinent portion of the “Deadly weapon” definition includes “Knife,” “Gravity knife,” and “Switchblade knife” along with the non-cutting instrument novelties listed in 61-7-2 (for purposes of schools and court of law facilities, any knife is a deadly weapon):
‘Deadly weapon’ means an instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to such use. The term ‘deadly weapon’ shall include, but not be limited to, the instruments defined in subdivisions (1) through (8), inclusive, of this section or other deadly weapons of like kind or character which may be easily concealed on or about the person. For the purposes of [§ 61-7-11a], in addition to the definition of ‘knife’ set forth in subdivision (3) of this section, the term ‘deadly weapon’ also includes any instrument included within the definition of ‘knife’ with a blade of three and one-half inches or less in length. . .
- Definition of Concealed
Concealment is not an issue for individuals who have reached the age of 21. People under 21 who do not have a provisional license must avoid concealed carry of any “deadly weapon”. There isn’t a very clear definition of how it would apply to knifes though. The portion of the statutory definition pertinent to knives reads as follows:
‘Concealed’ means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried. . .
- Location-Based Restrictions
The West Virginia location-based restrictions on knives are typical. All knives are treated as “deadly weapons” for the purpose of 61-7-11a.
The school restrictions apply to all primary and secondary schools (K – 12). Private schools may opt out in writing. The restrictions include school buses, school premises, and school-sponsored activities. Knives locked in a parked vehicle are excluded. There is also an allowance for “areas of vehicular ingress and egress.” meaning a parent with a knife can pick up/drop-off a student provided he or she remains in the vehicle, and the knife is not obvious.
There are exceptions for state and federal law enforcement and the official mascots of the West Virginia Mountaineers and the Parkersburg South High School Patriots while acting in their official capacity.
The court facility restriction applies to the premises of any court of law. Certain exceptions for law enforcement are included.
- Consequences
Violations of the school and court facility weapon restrictions are classified as a felony, a person violating this subsection is guilty of a felony and, upon conviction thereof, shall be imprisoned in a state correctional facility for a definite term of years of not less than two years nor more than 10 years, or fined not more than $5,000, or both fined and imprisoned.
Violations of 61-7-3, are treated as misdemeanors. Those convicted are subject to a fine of at least $100, but not more than $1,000, and the possibility of confinement in jail for not more than 12 months.
