Auto Opening Knife

Is it legal for active duty military to carry a Benchmade 5000 auto knife in Virginia? Law References?

I am wanting to purchase a Benchmade 5000, auto knife at a local retailer, but I was reading the Virginia state law and it specifies switchblades as being illegal. Even though the store claims that it can sell them to me since I am active duty military, can I legally open carry it while not at work? If so what are the legal references?

Unlike a lot of other states, Virginia does not make an exception to it’s weapon laws for members of the military, though it does make exceptions for police. My hypothesis is, as a member of the Armed Forces, the execution of your duties occurs outside the US or is confined to US bases. For example, you cannot take your machine gun or grenades home legally. Therefore, the same applies to switchblades, which you may legally use on duty when training or deployed, but you may not carry around town when off duty.

The applicable law is § 18.2-308. Note however that under part B, it is legal to buy such a knife, transport it from place of purchase to one’s home, and to own and keep it there. You may not carry it on your person or in your car though.

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