West Virginia’s knife laws are relatively permissive, especially following legislative changes in recent years. However, there are important distinctions regarding age, blade length, location-based restrictions, and the difference between open and concealed carry.
Definition and General Legality
- In West Virginia, it is legal to own and carry most types of knives, including pocket knives, switchblades, butterfly knives, and even ballistic knives.
- There are no statewide prohibitions on the ownership of any specific type of knife.
Blade Length and Pocket Knives
- A pocket knife with a blade of 3.5 inches or less is generally not considered a “deadly weapon” under state law and is exempt from many restrictions.
- Pocket knives with blades shorter than 3.5 inches are treated as tools or household implements, provided they are not used in a threatening manner.
Open Carry
- Open carry of knives, including pocket knives, is broadly allowed in West Virginia, with no specific blade length restrictions for open carry except in certain restricted locations.
Concealed Carry
- Individuals aged 21 and older who are not otherwise prohibited (such as felons or non-citizens) may carry concealed knives, including those considered “deadly weapons,” without a permit.
- For those aged 18 to 20, concealed carry is more restricted: only manual folding knives and fixed-blade knives with blades not exceeding 3.5 inches are clearly compliant.
- Carrying a concealed knife with the intent to harm is a criminal offense regardless of age or knife type.
Location-Based Restrictions
- Knives, including pocket knives with blades 3.5 inches or less, are prohibited on all primary and secondary school property (K–12), including school buses and school-sponsored activities.
- Certain government buildings, such as courthouses, may prohibit knives with blades longer than 4 inches.
- Knives locked in a parked vehicle on school property are generally exempt from these restrictions.
Minors
- Minors (under 18) are generally prohibited from possessing deadly weapons, including knives, unless emancipated or married.
Statewide Preemption
- As of May 31, 2020, West Virginia has statewide preemption, meaning local governments cannot enact knife laws stricter than state law.
Summary Table: Key Points for Pocket Knives
| Aspect | Legal Status/Restriction |
|---|---|
| Ownership | Legal for all knife types |
| Open Carry | Legal for all knife types |
| Concealed Carry (21+) | Legal for all knife types without a permit |
| Concealed Carry (18–20) | Legal for pocket knives ≤ 3.5″ blade; more restrictions apply |
| Blade Length Limit | ≤ 3.5″ not considered deadly weapon for most purposes |
| Schools | All knives prohibited, including pocket knives |
| Government Buildings | Restrictions may apply, esp. for blades > 4″ |
| Minors (<18) | Generally prohibited from possessing deadly weapons |
| Statewide Preemption | Yes, local laws cannot be stricter than state law |
Practical Guidance
- Adults 21 and older can carry almost any pocket knife, openly or concealed, except in restricted locations like schools and certain government buildings.
- Pocket knives with blades 3.5 inches or less are the safest legal option for those under 21 or anyone concerned about compliance.
- Always check for posted restrictions in sensitive areas and keep up to date with state statutes for any changes.
West Virginia offers significant flexibility for responsible knife owners, but awareness of age, location, and blade length restrictions is essential for legal compliance.
Sources:
- https://www.akti.org/state-knife-laws/west-virginia/
- https://nobliecustomknives.com/us-knife-laws/west-virginia-knife-laws/
- https://knifeup.com/west-virginia-knife-laws/
- https://knifeade.com/west-virginia-knife-law/
- https://www.bladeforums.com/threads/west-virginia-knife-laws.1563358/
- https://www.carved.com/blogs/life-at-carved/pocket-knife-rules-laws-by-state
