Understanding the Legal Landscape of Pocket Knives in West Virginia

West Virginia offers permissive pocket knife laws, allowing ownership, open carry, and concealed carry of most types without blade length limits or permits for eligible adults.

Changes since 2016 have expanded rights, with statewide preemption preventing stricter local rules.

A “deadly weapon” under §61-7-2 includes knives (dirks, daggers, stilettos, switchblades over 3.5 inches) intended for harm, but excludes small pocket knives (blades ≤3.5 inches), hunting/fishing knives, or tools unless misused.

No knives are fully prohibited; automatics, balisongs, and fixed blades qualify as legal.

Carry Rules

Adults 21+ who can legally possess firearms (U.S. citizens, non-prohibited) may openly or concealed carry any knife without permits.

Minors face restrictions on deadly weapons unless emancipated; small pocket knives often exempt. Intent to harm voids legality, risking misdemeanor/felony charges.

Prohibited Places

Knives ban applies in schools (any blade, even ≤3.5 inches), courthouses, and airports. State preemption (SB 96, 2020) overrides city ordinances for uniformity.

Key Changes

  • 2016 (HB 4145): Allowed concealed deadly weapons for 21+ eligible persons.
  • 2020: Added knives to preemption, nullifying local bans.

Comparisons

Knife TypeOwnershipOpen CarryConcealed Carry (21+)
Pocket ≤3.5″ LegalLegalLegal
Switchblade LegalLegalLegal
Bowie/Dirk >3.5″ LegalLegalLegal (no intent)
Schools N/AProhibitedProhibited

Practical Advice

Carry responsibly as tools; avoid brandishing. Felons should consult counsel due to federal overlaps. Check updates via WV Legislature, as permissive stance prioritizes utility over restriction.

SOURCES:

  1. https://www.carved.com/blogs/life-at-carved/pocket-knife-rules-laws-by-state
  2. https://knifeup.com/west-virginia-knife-laws/

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