Understanding Your Knife Rights in West Virginia: A Legal Guide

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Understanding Your Knife Rights in West Virginia: A Legal Guide

West Virginia is known for having some of the most permissive knife laws in the United States. However, there are important nuances regarding age, carry method, location, and intent that every resident and visitor should understand to stay within the law.

Types of Knives Legal to Own and Carry

West Virginia law does not prohibit the ownership or possession of any specific type of knife. This means you can legally own and carry:

  • Pocket knives
  • Hunting knives
  • Fixed-blade knives (including Bowie knives)
  • Switchblades and butterfly (Balisong) knives
  • Gravity knives
  • Ballistic knives
  • Stilettos, daggers, dirks, and poniards

There are no statewide restrictions on the types of knives you may own or carry, making West Virginia one of the least restrictive states in this regard.

Open Carry vs. Concealed Carry

Carry MethodLegal Status (Age 21+)Legal Status (Age 18-20)Notes
Open CarryLegal for all knivesLegal for all knivesFew restrictions, except in certain locations
Concealed CarryLegal for all knivesRestricted: Only manual folding/fixed blades ≤3.5″Concealed carry of “deadly weapons” is allowed without a license for those 21+ and not otherwise prohibited
  • Open Carry: You may openly carry any type of knife, such as on your belt, with few restrictions except in certain locations like schools or courthouses.
  • Concealed Carry: Anyone 21 or older may carry any knife concealed, provided they are not otherwise prohibited (e.g., felons, non-citizens). Those aged 18–20 may only carry certain knives (manual folding or fixed blades ≤3.5 inches) concealed without a license.

Age Restrictions

  • Under 18: Minors are generally prohibited from possessing deadly weapons, unless emancipated or married.
  • 18–20: May carry manual folding or fixed blade knives with blades not exceeding 3.5 inches concealed; longer blades may be carried openly.
  • 21 and Over: No restrictions on the type or length of knife for open or concealed carry, unless otherwise prohibited by law.

Location-Based Restrictions

Certain locations remain off-limits for knives, regardless of age or carry method:

  • Schools (K–12): All knives, including pocket knives with blades ≤3.5 inches, are prohibited on school property, school buses, and at school-sponsored activities. Exceptions exist for knives locked in parked vehicles or for vehicular pick-up/drop-off if the knife is not visible and the person remains in the vehicle.
  • Court Facilities: Knives are prohibited in courthouses and similar government buildings.
  • Other Restricted Locations: Always be aware of posted signs and local rules for government buildings, as federal property and some private businesses may set their own restrictions.

Statewide Preemption

West Virginia has statewide preemption on knife laws, effective since May 31, 2020. This means local governments cannot enact knife ordinances stricter than state law, ensuring uniformity across the state.

Intent and Use

Carrying a knife with the intent to harm is a crime, regardless of the type or length of the knife. Using a knife in a threatening or dangerous manner can result in criminal charges.

Sale and Transfer Restrictions

It is illegal to knowingly sell, lend, or transfer a deadly weapon (including certain knives) to anyone prohibited from possessing one, such as minors or felons. Public street sales are also restricted.

Best Practices

  • You can own and carry virtually any knife in West Virginia, openly or concealed, if you are 21 or older and not otherwise prohibited.
  • Concealed carry is more restricted for those under 21, especially for blades longer than 3.5 inches.
  • Never carry knives onto school property or into court facilities.
  • State law preempts local ordinances, but always check for posted signs or federal property rules.
  • Use knives responsibly and avoid carrying with intent to harm.

Understanding these guidelines will help you exercise your knife rights safely and legally in West Virginia.

Sources:

  1. https://www.akti.org/state-knife-laws/west-virginia/
  2. https://code.wvlegislature.gov/61-7-2/
  3. https://nobliecustomknives.com/us-knife-laws/west-virginia-knife-laws/
  4. https://knifeup.com/west-virginia-knife-laws/
  5. https://knifeade.com/west-virginia-knife-law/

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