Knife question for Va. Firefighters

[Jessie]

I know as firefighters we can possess auto opener knives. I'm having trouble verifying if we can possess them while off duty. Does anyone know for sure?
The most common use would be for vehicle extrication and you can happen upon that need anywhere at any time.

 

[bennettfam]

Why couldn't you??

 

[Doug M.]

State law. LE (and fire, I think) are exempt from the similar restriction here, but only on duty and while traveling to and from. Silly, I know.

 

[Jessie]

That's why I'm asking. I don't need problems because I forgot to take it out of my pocket and went to the store or something similar. I can see that happening very easily.
Thanks for the reply.

 

[Doug M.]

My answer was for bennettfam, and utterly unresponsive to your question. I suspect you need to find the relevant statute in VA and see what it says. That aside, as a practical matter since it is small enough to be in your pocket, the odds of being discovered are really small unless you do something else really dumb (resulting in arrest and a search incident to arrest), in which case it will be the least of your problems.

 

[kudzu3]

Does your dept have a chief? Why not ask him and ask for documentation? Case closed.

 

[Road Rat]

Does your dept have a chief? Why not ask him and ask for documentation? Case closed.

Tis easier to ask on the www....................you can get several different responses; none of which will be correct!!

 

[Jessie]

Thanks everyone. I was hoping a Va. Firefighter has been down this road and could shed some light on info. I'll keep searching state law. So far its been user unfriendly.

 

[Edmo]

As you have determined, legalities of auto knives are based on state law.

I'm fortunate to live in a state where autos are allowed (Arkansas). As a retired USAF Pilot I was issued and carried auto knives while in uniform. I think you will find LEOs will likely give you a "professional courtesy" pass even if you carry an auto while off duty as long as you aren't being stupid with it. Just don't carry it to the non-free states such as NJ or NY.

Although I think assisted openers and manual flippers are just as fast to deploy, autos are fun to have and use.

If your budget allows, I highly recommend the Benchmade Triage auto. It comes in both auto and manual versions with the non-auto being a bit less spendy. Well made, good steels, seatbelt cutter blade, and glass breaker included.

Benchmade Triage auto

Edmo

 

[FishingPilot]

VA Regs

I didn't see anything about Fire Fighters being exempt, only LE.

 

[cowart]

I'll keep searching state law. So far its been user unfriendly.

This knowledgeable source indicates that it is not legal.
A Note on Virginia Law - Switchblades & Balisongs - KnifeLawsOnline.com

The actual state law lists a great many exceptions to the switchblade prohibition. There is no mention of firefighters in the exceptions. See
https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

That would *seem* to indicate that it is illegal for firefighters to carry them *on* duty. You might want to explore the source of the authorization (if it exists) for carrying them on duty. It might cover off duty as well.

 

[Jessie]

Ok, before everyone decides to pile on here I'll try and clarify it.
I've checked state statutes, case law and court opinions and so far have not found the answer to the original question.
Asking my chief would be to ask his opinion. I don't need his documentation, I have a county ID. I am just asking if any Va. FF/EMT has dealt with this and where to find the pertinent info.
And so far, asking questions at this web site has been very informative in the past for a variety of issues.

 

[Jessie]

This knowledgeable source indicates that it is not legal.
A Note on Virginia Law - Switchblades & Balisongs - KnifeLawsOnline.com

The actual state law lists a great many exceptions to the switchblade prohibition. There is no mention of firefighters in the exceptions. See
https://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+18.2-308

That would *seem* to indicate that it is illegal for firefighters to carry them *on* duty. You might want to explore the source of the authorization (if it exists) for carrying them on duty. It might cover off duty as well.

Thanks, I've checked that and in paragraph #4, I think it is, the statement of being a " county govt. employee "
Makes it legal to have them at least while on duty.

 

[Jessie]

VA Regs

I didn't see anything about Fire Fighters being exempt, only LE.

Note above^^^

 

[OilTrader]

This has come up quite often on knife-related forums. If my memory serves, switchblades are legal to own in VA as long as you are carrying them on your own property. However, it is illegal possess them anyplace else and to ship them in any manner. So the question begs how are you supposed to obtain one in the first place? Balisongs or butterfly knives fit into this category also. There is no possession carve out for public employees or volunteers.

Assisted Openers are legal anywhere in the state. Kershaw and Zero Tolerance SpeedSafe knives are 100% OK to carry anywhere. And as a collector of these, they open every bit as fast and are much less temperamental. Simply put, they work. Benchmade also has their AXIS Assisted line of knives that are 100% legal too.

The American Knife and Tool Institute might be able to clarify my answers better and cite VA law. They are the NRA for the knife world. AKTI Link

 

[Doug M.]

One easy answer might be to stick to a fixed blade knife, even if it is not as convenient.

As for asking the Chief: Hahahahahahaha. Unless there is a huge difference between the fire and LE services, which as far as I have been able to discern there is not, about the last place I would ever seek competent advice on a legal issue is at the command level. After all the time I have spent doing LE legal, I cringe every time I see a command officer open their mouth and opine about a matter of law.

 

[woodsltc]

VA Regs

I didn't see anything about Fire Fighters being exempt, only LE.

I'm sure the Virginia law makers are looking out for your best interest..........you might cut yourself!!

Don

 

[Jessie]

I will probably pass on getting one since the law is so ambiguous.
It's just that with heavy fire gloves it can be almost impossible to open and close a folder even with both hands which sometimes you don't have because of circumstances. It's a pain that it is such a hassle and doesn't help the victim at all.
A two way out&in auto with partial serrations would be ideal if legal and I could find one. So far only plain double edge seem to be the choice there.
It is what it is I guess. I'll just fall back on our academy motto "Whatever it takes "

Mods. Feel free to close this thread.

 

[FishingPilot]

Thanks, I've checked that and in paragraph #4, I think it is, the statement of being a " county govt. employee "
Makes it legal to have them at least while on duty.

Define county government employee. Are volunteer firemen county employees? i doubt it, but.....you never know around here. I don't think we have any paid FF in this area except for the city.

 

[johnsonl]

There are no exceptions in VA state code for firefighters to legally carry an automatic knife, on or off duty.
That being said, I don't know of any local or state officer that would give you a hard time about having an automatic knife while on duty, especially if you are cutting them out of their recently totaled cruiser with it. There are exceptions, of course; we have our share of "by the book" types.
Of course, if your automatic knife was discovered stuck in someone, you might have some 'splainin' to do.
There are plenty of ways to open a knife more quickly and discreetly than an automatic. Skills will always beat out automation.