West Virginia’s laws regarding pocket knives and other knives are among the most permissive in the United States, offering residents and visitors significant flexibility in ownership and carry rights. Here’s a detailed overview of the legal landscape:
Ownership and Carry Rights
- Legal to Own Any Knife: West Virginia does not prohibit the ownership of any specific type of knife. This includes pocket knives, fixed-blade knives, switchblades, balisongs (butterfly knives), stilettos, Bowie knives, and even ballistic knives.
- Open Carry: Open carry of knives is generally permitted for all adults. There are no state laws restricting the open carry of knives, regardless of type or blade length, except in certain restricted locations.
- Concealed Carry:
- Age 21 and Over: Adults aged 21 and older, who are not prohibited from possessing firearms, may carry any knife concealed without a permit—this includes switchblades, balisongs, and other types commonly restricted elsewhere.
- Age 18–20: Individuals between 18 and 20 may carry manual folding knives and fixed-blade knives with blades not exceeding 3.5 inches concealed. Knives with blades longer than 3.5 inches may be carried openly, and possibly concealed if used for hunting, fishing, or as a tool, depending on interpretation.
- No Blade Length Limit for Adults: For adults 21 and over, there is no blade length restriction for concealed or open carry.
- Minors: Minors (under 18, unless emancipated or married) are prohibited from possessing “deadly weapons,” which can include knives, unless permitted for lawful activities such as hunting, fishing, or educational purposes under supervision.
Restricted Locations
- Schools: All knives, including pocket knives with blades 3.5 inches or less, are prohibited on school property, including school buses and school-sponsored activities. Knives locked in a parked vehicle are excluded. Parents may carry knives while picking up or dropping off students if they remain in the vehicle and the knife is not obvious.
- Other Restricted Locations: Typical restricted areas include government buildings, courthouses, and other locations where weapons are generally prohibited. Law enforcement and military personnel are exempt from these restrictions while on duty.
Statewide Preemption and Local Ordinances
- Statewide Preemption: As of May 31, 2020, West Virginia law preempts local governments from enacting knife ordinances that are more restrictive than state law. This means cities and counties cannot impose additional restrictions on knife ownership or carry.
- No Local Restrictions: No municipality can pass or enforce a knife law that is stricter than the state’s permissive regulations.
Legal Definitions and Considerations
- Deadly Weapon: Any knife can be considered a “deadly weapon” under West Virginia law, especially if used with intent to harm another person. Carrying a concealed deadly weapon with intent to harm is a crime.
- Intent Matters: The legality of carrying a knife is influenced by intent. Carrying a knife for lawful purposes (work, recreation, self-defense) is permitted, but carrying with intent to commit a crime is not.
Summary Table
| Category | West Virginia Law (2025) |
|---|---|
| Ownership | All knife types allowed |
| Open Carry | Permitted for all adults |
| Concealed Carry | Age 21+: any knife; Age 18–20: ≤3.5″ concealed, longer open |
| Minors | Not allowed unless emancipated/married or specific exceptions |
| Blade Length Limit | None for adults 21+; 3.5″ concealed for 18–20 |
| Restricted Locations | Schools, government buildings, etc. |
| Statewide Preemption | Yes |
| Local Ordinances | Not allowed to be more restrictive |
West Virginia offers some of the most permissive knife laws in the country. Adults 21 and over can own and carry any type of knife, open or concealed, without a permit. Minors are restricted, and all knives are prohibited on school property. State law preempts local ordinances, ensuring uniformity across the state. Always carry knives responsibly and be mindful of restricted locations
Sources
[1] https://www.akti.org/state-knife-laws/west-virginia/
[2] https://nobliecustomknives.com/us-knife-laws/west-virginia-knife-laws/
[3] https://www.carved.com/blogs/life-at-carved/pocket-knife-rules-laws-by-state
[4] https://code.wvlegislature.gov/61-7-2/
[5] https://knifeup.com/west-virginia-knife-laws/
