Understanding the Legal Landscape of Pocket Knives in West Virginia

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Understanding the Legal Landscape of Pocket Knives in West Virginia

West Virginia has fairly permissive laws when it comes to owning and carrying pocket knives, but there are important rules based on age, blade length, intent, and location. Understanding these rules is important for both residents and visitors.

What Types of Pocket Knives Are Legal in West Virginia?

Legal to Own

In West Virginia, most types of knives are legal to own, including:

Pocket knives

Hunting knives

Fixed-blade knives

Switchblades

Butterfly knives

Gravity knives

There is no statewide ban on any specific type of knife, except in certain restricted contexts.

Carrying Pocket Knives

Open Carry

Legal: You can openly carry any type of knife, including pocket knives, if you’re an adult in West Virginia.

No Blade Limit: There’s no specific limit on the blade length for open carry, though there are rules for certain locations.

Concealed Carry

Adults 21 and Older: If you are 21 or older and not prohibited from carrying a weapon (like a felon), you can carry any type of knife concealed without a permit.

Minors and 18–20-Year-Olds: People under 21 may carry knives concealed with blades 3.5 inches or less. If the blade is longer than 3.5 inches, you must carry it openly unless it’s for hunting, fishing, or is being used as a tool.

Intent Matters: It’s illegal to carry a knife with the intent to harm, no matter the blade length or type.

Blade Length Restrictions

Age GroupConcealed Carry Blade LimitOpen Carry Blade LimitNotes
Under 183.5 inchesNo limitMust be emancipated or married
18–203.5 inchesNo limitLonger blades must be open carry only
21 and olderNo limitNo limitMust not be a prohibited person

Location-Based Restrictions

Schools

Prohibited: Carrying any knife, even pocket knives with blades 3.5 inches or less, is strictly prohibited on school property (K–12), including school buses and events.

Penalty: Violating this rule could lead to felony charges, punishable by 2–10 years in prison and fines up to $5,000.

Government Buildings

Knives are generally prohibited in court facilities and some government buildings.

Bars and Public Transit

Local ordinances may restrict carrying knives in bars, liquor establishments, and on public transportation.

Statewide Preemption

State law overrides local laws. Since May 31, 2020, local governments cannot make knife laws that are stricter than the state law.

Penalties for Violations

School or government facility violations could result in felony charges, with penalties of 2–10 years in prison and fines up to $5,000.

Other violations may lead to misdemeanor charges, fines ranging from $100 to $1,000, and up to 12 months in jail.

Key Points for Pocket Knife Owners

Blade Length: Pocket knives with blades 3.5 inches or less are subject to fewer restrictions for most adults.

Intent: Carrying a knife with the intent to harm is always a crime, regardless of the knife’s type or size.

Restricted Locations: Never carry knives on school grounds, in government buildings, or in other restricted areas.

State Preemption: State laws apply uniformly across West Virginia, so local rules cannot be stricter.

Sources:

1. https://knifeup.com/west-virginia-knife-laws/
2. https://knifeade.com/west-virginia-knife-law/
3. https://nobliecustomknives.com/us-knife-laws/west-virginia-knife-laws/
4. https://www.knifeden.com/knife-laws-in-west-virginia/

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