A small turn toward common sense: A dive knife is not a "concealed weapon"

[TPKeller]

You have to celebrate the small displays of common sense where ever you can find them.

 

A recent unpublished* Virginia Circuit Court of Appeals has ruled that in the context of the Concealed Weapons statute in Virginia (§ 18.2-308), a dive knife is not a weapon, but a tool.

 

Excerpts from the ruling (full text found here):

 

Applying that framework here, we must first determine whether the knife McMillan possessed is one of the items enumerated in Code § 18.2-308(A). Plainly, it is not.

 

For an item "to be a ‘weapon’ within the definition of ‘weapon of like kind,’ the item must be designed for fighting purposes or commonly understood to be a ‘weapon.’ "

 

A scuba knife is a safety device and a tool. See Karen Berger, Scuba Diving: A Trailside Guide 70 (2000) ("Diving knives are not defensive weapons; they are tools. Knives are useful for disentangling yourself from sea vegetation or fishing lines. You can use them to pry something loose or to dig, making sure not to harm aquatic life. ...") Like a kitchen knife and a box cutter, a scuba diver’s knife was not designed for fighting purposes nor is it commonly understood to be a weapon. Because a diver’s knife is not a weapon, the three-step inquiry ends here.

 

Though a scuba diver’s knife is potentially dangerous, Code § 18.2-308(A) does not proscribe concealment of all potentially dangerous items. This Court must strictly construe penal statutes and, as such, reverse McMillan’s conviction for possession of a concealed weapon by a convicted felon.

 

This won't make any difference today or tomorrow, but one can hope that common sense might just become contagious.

 

*Generally, "unpublished" rulings do not set precedent, so this ruling will have limited direct impact on future cases.

 

Theron

[TheVegasMan]

Not sure how this applies here: My dive knife is either in my gear bag or strapped to my calf, can't think of where either location would be considered to be concealed. And don't think I'll ever be in VA with it.

[tombo]

Common sense may dictate that a dive knife is not a concealed weapon for paroled felons, but even non-felons will lose them to the ever-vigilant Transportation Safety Administration.

[TPKeller]

I posted this as a general FYI information post. There are plenty of stories about divers who have been denied the transportation of a basic, potentially life-saving tool, simply because it could also be used to hurt someone.

 

I was encouraged by the ruling that I posted because the case seemed to show that someone, for once, used a bit of common sense.

 

I fully understand that this particular case has very little effect on most people, divers or not. However, the fact is, if you are carrying a knife of a certain size and style in your gear bag, or even strapped to your calf, if it is out of plain sight, you could very well be charged with carrying a concealed weapon in Virginia. And as tombo mentioned, try bringing one onto an airplane.

 

I can relate this situation to seat belts: A seat belt could be used to strangle someone, so therefore, we should cut them out of all automobiles. After all, it is very unlikely that you will really need that seat belt to save your life this trip... That is the exact same logic used to deny the transportation of a dive knife for someone who is traveling with their gear to a dive site.

 

No big deal here, I was just passing along what I thought was some interesting information. :)

 

Theron

[scubaran]

("Diving knives are not defensive weapons; they are tools. Knives are useful for disentangling yourself from sea vegetation or fishing lines. You can use them to pry something loose or to dig, making sure not to harm aquatic life. ...")

 

This isn't true.... On TV in every other episode of a program that has divers they use their knives to fight sharks and/or cut the regulator hoses of enemy divers. Geez folks keep informed. :p

 

... He says, lightening up the conversation ;)

 

Randall

[TPKeller]

("Diving knives are not defensive weapons; they are tools. Knives are useful for disentangling yourself from sea vegetation or fishing lines. You can use them to pry something loose or to dig, making sure not to harm aquatic life. ...")

 

This isn't true.... On TV in every other episode of a program that has divers they use their knives to fight sharks and/or cut the regulator hoses of enemy divers. Geez folks keep informed. :p

 

... He says, lightening up the conversation ;)

 

Randall

Doh! And I totally forgot about James Bond!!!!!

 

;)

 

Theron