West Virginia is considered one of the more permissive states when it comes to pocket knives and other edged tools, but there are important details and exceptions that every resident and visitor should understand.
What Types of Knives Are Legal?
- Virtually All Knives Are Legal: West Virginia law does not prohibit the ownership or possession of any specific type of knife. This includes pocket knives, hunting knives, Bowie knives, switchblades, butterfly knives (balisongs), stilettos, daggers, and even ballistic knives.
- No Ban on Switchblades or Automatics: Switchblades and other automatic-opening knives are legal to own and carry.
Open Carry vs. Concealed Carry
- Open Carry: You may openly carry any type of knife in West Virginia, regardless of blade length, as long as you are not in a restricted location and not using the knife in a threatening or unlawful manner.
- Concealed Carry:
- Age 21 and Older: Anyone 21 or older who is not otherwise prohibited (such as felons or certain non-citizens) may carry any knife concealed without a permit—including knives with blades longer than 3.5 inches and automatics.
- Ages 18–20: Individuals between 18 and 21 may carry manual folding knives and fixed-blade knives with blades up to 3.5 inches concealed. Longer blades or automatics may only be carried openly or in certain lawful contexts (such as hunting or fishing).
- Under 18: Minors are generally prohibited from possessing deadly weapons, including many knives, unless emancipated or married.
Critical Blade Length: 3.5 Inches
- Why It Matters: The 3.5-inch blade length is a critical legal threshold. Knives with blades longer than 3.5 inches are considered “dangerous weapons” when carried concealed by those under 21, and stricter rules apply.
- Pocket Knives as Tools: Pocket knives with blades shorter than 3.5 inches are generally not classified as deadly weapons and are subject to fewer restrictions, especially for younger carriers and in certain lawful uses (e.g., hunting, fishing).
Location-Based Restrictions
- Schools: All knives—including pocket knives with blades under 3.5 inches—are strictly prohibited on school property (K–12), including school buses and school-sponsored activities. There are limited exceptions for knives locked in vehicles or for vehicular pick-up/drop-off zones.
- Other Restricted Areas: While state law preempts most local knife regulations, knives may still be prohibited in certain government buildings, courthouses, and similar locations.
Statewide Preemption
- Uniform State Law: Since 2020, West Virginia has a statewide preemption law, meaning local governments cannot enact knife regulations stricter than state law. This ensures consistent knife laws throughout the state.
Summary Table: Pocket Knife Laws in West Virginia
Age Group | Open Carry | Concealed Carry (Blade ≤ 3.5″) | Concealed Carry (Blade > 3.5″) |
---|---|---|---|
Under 18 | Generally prohibited | Generally prohibited | Prohibited |
18–20 | Allowed | Allowed | Open carry only (exceptions for hunting/fishing) |
21+ | Allowed | Allowed | Allowed |
Key Takeaways
- Most knives, including pocket knives, are legal to own and carry in West Virginia.
- Anyone 21 or older can carry any knife, openly or concealed, unless otherwise prohibited.
- Under 21: Concealed carry is limited to knives with blades 3.5 inches or less.
- All knives are banned on school property.
- State law preempts local ordinances, ensuring uniformity across West Virginia.
Always check the latest statutes or consult a legal expert if you have specific questions about knife carry or ownership in particular situations.
Sources:
- https://www.akti.org/state-knife-laws/west-virginia/
- https://nobliecustomknives.com/us-knife-laws/west-virginia-knife-laws/
- https://code.wvlegislature.gov/61-7-2/
- https://www.carved.com/blogs/life-at-carved/pocket-knife-rules-laws-by-state
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