A. If any person carries about his person, hidden from common observation, (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, stiletto knife, ballistic knife, machete, razor, sling bow, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind as those enumerated in this subsection, he is guilty of a Class 1 misdemeanor. A second violation of this section or a conviction under this section subsequent to any conviction under any substantially similar ordinance of any county, city, or town shall be punishable as a Class 6 felony, and a third or subsequent such violation shall be punishable as a Class 5 felony. For the purpose of this section, a weapon shall be deemed to be hidden from common observation when it is observable but is of such deceptive appearance as to disguise the weapon's true nature. It shall be an affirmative defense to a violation of clause (i) regarding a handgun, that a person had been issued, at the time of the offense, a valid concealed handgun permit.
B. This section shall not apply to any person while in his own place of abode or the curtilage thereof.
C. Except as provided in subsection A of § 18.2-308.012, this section shall not apply to:
1. Any person while in his own place of business;
2. Any law-enforcement officer, or retired law-enforcement officer pursuant to § 18.2-308.016, wherever such law-enforcement officer may travel in the Commonwealth;
3. Any person who is at, or going to or from, an established shooting range, provided that the weapons are unloaded and securely wrapped while being transported;
4. Any regularly enrolled member of a weapons collecting organization who is at, or going to or from, a bona fide weapons exhibition, provided that the weapons are unloaded and securely wrapped while being transported;
5. Any person carrying such weapons between his place of abode and a place of purchase or repair, provided the weapons are unloaded and securely wrapped while being transported;
6. Any person actually engaged in lawful hunting, as authorized by the Board of Wildlife Resources, under inclement weather conditions necessitating temporary protection of his firearm from those conditions, provided that possession of a handgun while engaged in lawful hunting shall not be construed as hunting with a handgun if the person hunting is carrying a valid concealed handgun permit;
7. Any attorney for the Commonwealth or assistant attorney for the Commonwealth, wherever such attorney may travel in the Commonwealth;
8. Any person who may lawfully possess a firearm and is carrying a handgun while in a personal, private motor vehicle or vessel and such handgun is secured in a container or compartment in the vehicle or vessel;
9. Any enrolled participant of a firearms training course who is at, or going to or from, a training location, provided that the weapons are unloaded and securely wrapped while being transported; and
10. Any judge or justice of the Commonwealth, wherever such judge or justice may travel in the Commonwealth.
D. This section shall also not apply to any of the following individuals while in the discharge of their official duties, or while in transit to or from such duties:
1. Carriers of the United States mail;
2. Officers or guards of any state correctional institution;
3. Conservators of the peace, except that a judge or justice of the Commonwealth, an attorney for the Commonwealth, or an assistant attorney for the Commonwealth may carry a concealed handgun pursuant to subdivisions C 7 and 10. However, the following conservators of the peace shall not be permitted to carry a concealed handgun without obtaining a permit as provided in this article: (i) notaries public; (ii) registrars; (iii) drivers, operators, or other persons in charge of any motor vehicle carrier of passengers for hire; or (iv) commissioners in chancery; and
4. Noncustodial employees of the Department of Corrections designated to carry weapons by the Director of the Department of Corrections pursuant to § 53.1-29.
Code 1950, § 18.1-269; 1960, c. 358; 1964, c. 130; 1975, cc. 14, 15, 594; 1976, c. 302; 1978, c. 715; 1979, c. 642; 1980, c. 238; 1981, c. 376; 1982, cc. 71, 553; 1983, c. 529; 1984, cc. 360, 720; 1985, c. 427; 1986, cc. 57, 451, 625, 641; 1987, cc. 592, 707; 1988, cc. 359, 793; 1989, cc. 538, 542; 1990, cc. 640, 648, 825; 1991, c. 637; 1992, cc. 510, 705; 1993, cc. 748, 861; 1994, cc. 375, 697; 1995, c. 829; 1997, cc. 916, 921, 922; 1998, cc. 662, 670, 846, 847; 1999, cc. 628, 666, 679; 2001, cc. 25, 384, 657; 2002, cc. 699, 728, 826; 2004, cc. 355, 423, 462, 876, 885, 900, 901, 903, 905, 926, 995, 1012; 2005, cc. 344, 420, 424, 441, 839; 2006, c. 886; 2007, cc. 87, 272, 408, 455; 2008, cc. 69, 75, 80, 309, 464, 742; 2009, cc. 235, 779, 780; 2010, cc. 387, 433, 576, 586, 602, 677, 700, 709, 740, 741, 754, 841, 863; 2011, cc. 231, 234, 384, 410; 2012, cc. 132, 175, 291, 557, 776; 2013, cc. 559, 746; 2014, cc. 45, 225, 450; 2015, cc. 38, 221, 730; 2016, cc. 257, 589, 672; 2020, cc. 142, 958; 2023, c. 611.
Notes of Decisions
Cited in
252
cases (
49 in the last 5 years), 1977–2026 · leading case:
McMillan v. Commonwealth, 686 S.E.2d 525 (Va. Ct. App. 2009).
McMillan v. Commonwealth, 686 S.E.2d 525 (Va. Ct. App. 2009).
· cites it 131× “I recognize the very legitimate and necessary purpose of Code § 18.2-308"to interdict the practice of carrying a deadly weapon about the person, concealed and yet so accessible as to afford prompt and immediate use.”
Steven Lee Hodges v. Commonwealth of Virginia, 771 S.E.2d 693 (Va. Ct. App. 2015).
· cites it 52× “2-301 and of misdemeanor possession of a concealed weapon in violation of Code § 18.2-308. On appeal, he challenges the sufficiency of the evidence to prove the violation of Code § 46.”
Farrakhan v. Com., 639 S.E.2d 227 (Va. 2007).
· cites it 28× “2 provides that it is a Class 6 felony for a previously convicted felon "to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308." In this appeal, we consider whether the Court of Appeals erred in…”
Harris v. Com., 650 S.E.2d 89 (Va. 2007).
· cites it 31× “2(A) make it unlawful for any person who has been convicted of a felony "to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of [Code] § 18.2-308." As relevant to this appeal, the weapons described in Code §…”
Thompson v. Com., 673 S.E.2d 469 (Va. 2009).
· cites it 39× “2(A), it is unlawful for any person who has been convicted of a felony "to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of [Code] § 18.2-308." As relevant to the butterfly knife at issue in this appeal,…”
Pruitt v. Com., 650 S.E.2d 684 (Va. 2007).
· cites it 36× “Following Pruitt's application for a review by a three-judge panel of the Court of Appeals, the petition was again refused for the reasons stated in the Court's prior order. Pruitt v. Commonwealth, Record No. 1135-05-3 (August 11, 2006).”
Amin v. Cnty. of Henrico, 755 S.E.2d 482 (Va. Ct. App. 2014).
· cites it 28× “Amin then filed an opening brief wherein he argued two assignments of error: (1) that the conviction is void as a matter of law as there exists no Henrico County Ordinance 22-2 incorporating Virginia Code § 18.2-308, and (2) the trial court erred in denying his motion to…”
Delcid v. Commonwealth, 526 S.E.2d 273 (Va. Ct. App. 2000).
· cites it 42× “Rather, by reference to Code § 18.2-308, it proscribes concealing the following specific kinds of knives: "any dirk, bowie knife, switchblade knife, ballistic knife, razor .”
O'Banion v. Commonwealth, 531 S.E.2d 599 (Va. Ct. App. 2000).
· cites it 28× “" Code §§ 18.2-308(A), 18.2-308.2. The Code does not absolutely prohibit a felon from carrying a knife, but proscribes specific kinds of knives and those of like kind.”
Elias P. Doulgerakis v. Commonwealth of Virginia, 737 S.E.2d 40 (Va. Ct. App. 2013).
· cites it 14× “Doulgerakis, appellant, was convicted, in a bench trial, of misdemeanor possession of a concealed weapon in violation of Code § 18.2-308. On appeal, he argues that because the handgun was being possessed within the meaning of Code § 18.”
— Va. Code Ann. § 18.2-308(0) — 1 case
— Va. Code Ann. § 18.2-308(1) — 1 case
— Va. Code Ann. § 18.2-308(A) — 85 cases
McMillan v. Commonwealth, 686 S.E.2d 525 (Va. Ct. App. 2009).
“I recognize the very legitimate and necessary purpose of Code § 18.2-308"to interdict the practice of carrying a deadly weapon about the person, concealed and yet so accessible as to afford prompt and immediate use.”
Farrakhan v. Com., 639 S.E.2d 227 (Va. 2007).
“2 provides that it is a Class 6 felony for a previously convicted felon "to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of § 18.2-308." In this appeal, we consider whether the Court of Appeals erred in…”
Harris v. Com., 650 S.E.2d 89 (Va. 2007).
“2(A) make it unlawful for any person who has been convicted of a felony "to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of [Code] § 18.2-308." As relevant to this appeal, the weapons described in Code §…”
Thompson v. Com., 673 S.E.2d 469 (Va. 2009).
“2(A), it is unlawful for any person who has been convicted of a felony "to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of [Code] § 18.2-308." As relevant to the butterfly knife at issue in this appeal,…”
Pruitt v. Com., 650 S.E.2d 684 (Va. 2007).
“Following Pruitt's application for a review by a three-judge panel of the Court of Appeals, the petition was again refused for the reasons stated in the Court's prior order. Pruitt v. Commonwealth, Record No. 1135-05-3 (August 11, 2006).”
— Va. Code Ann. § 18.2-308(A)(2) — 1 case
— Va. Code Ann. § 18.2-308(A)(i) — 6 cases
— Va. Code Ann. § 18.2-308(A)(ii) — 5 cases
Delcid v. Commonwealth, 526 S.E.2d 273 (Va. Ct. App. 2000).
“Rather, by reference to Code § 18.2-308, it proscribes concealing the following specific kinds of knives: "any dirk, bowie knife, switchblade knife, ballistic knife, razor .”
— Va. Code Ann. § 18.2-308(A)(v) — 5 cases
Delcid v. Commonwealth, 526 S.E.2d 273 (Va. Ct. App. 2000).
“Rather, by reference to Code § 18.2-308, it proscribes concealing the following specific kinds of knives: "any dirk, bowie knife, switchblade knife, ballistic knife, razor .”
— Va. Code Ann. § 18.2-308(B) — 8 cases
Steven Lee Hodges v. Commonwealth of Virginia, 771 S.E.2d 693 (Va. Ct. App. 2015).
“2-301 and of misdemeanor possession of a concealed weapon in violation of Code § 18.2-308. On appeal, he challenges the sufficiency of the evidence to prove the violation of Code § 46.”
Delcid v. Commonwealth, 526 S.E.2d 273 (Va. Ct. App. 2000).
“Rather, by reference to Code § 18.2-308, it proscribes concealing the following specific kinds of knives: "any dirk, bowie knife, switchblade knife, ballistic knife, razor .”
Pruitt v. Com., 650 S.E.2d 684 (Va. 2007).
“Following Pruitt's application for a review by a three-judge panel of the Court of Appeals, the petition was again refused for the reasons stated in the Court's prior order. Pruitt v. Commonwealth, Record No. 1135-05-3 (August 11, 2006).”
— Va. Code Ann. § 18.2-308(B)(10) — 3 cases
Elias P. Doulgerakis v. Commonwealth of Virginia, 737 S.E.2d 40 (Va. Ct. App. 2013).
“Doulgerakis, appellant, was convicted, in a bench trial, of misdemeanor possession of a concealed weapon in violation of Code § 18.2-308. On appeal, he argues that because the handgun was being possessed within the meaning of Code § 18.”
Steven Lee Hodges v. Commonwealth of Virginia, 771 S.E.2d 693 (Va. Ct. App. 2015).
“2-301 and of misdemeanor possession of a concealed weapon in violation of Code § 18.2-308. On appeal, he challenges the sufficiency of the evidence to prove the violation of Code § 46.”
— Va. Code Ann. § 18.2-308(B)(8) — 1 case
— Va. Code Ann. § 18.2-308(C) — 4 cases
Pruitt v. Com., 650 S.E.2d 684 (Va. 2007).
“Following Pruitt's application for a review by a three-judge panel of the Court of Appeals, the petition was again refused for the reasons stated in the Court's prior order. Pruitt v. Commonwealth, Record No. 1135-05-3 (August 11, 2006).”
— Va. Code Ann. § 18.2-308(C)(10) — 1 case
Steven Lee Hodges v. Commonwealth of Virginia, 771 S.E.2d 693 (Va. Ct. App. 2015).
“2-301 and of misdemeanor possession of a concealed weapon in violation of Code § 18.2-308. On appeal, he challenges the sufficiency of the evidence to prove the violation of Code § 46.”
— Va. Code Ann. § 18.2-308(C)(4) — 2 cases
— Va. Code Ann. § 18.2-308(C)(8) — 6 cases
— Va. Code Ann. § 18.2-308(D) — 8 cases
— Va. Code Ann. § 18.2-308(D)(5) — 2 cases
— Va. Code Ann. § 18.2-308(E) — 2 cases
— Va. Code Ann. § 18.2-308(J) — 1 case
— Va. Code Ann. § 18.2-308(K) — 1 case
— Va. Code Ann. § 18.2-308(M) — 3 cases
— Va. Code Ann. § 18.2-308(N) — 7 cases
McMillan v. Commonwealth, 686 S.E.2d 525 (Va. Ct. App. 2009).
“I recognize the very legitimate and necessary purpose of Code § 18.2-308"to interdict the practice of carrying a deadly weapon about the person, concealed and yet so accessible as to afford prompt and immediate use.”
O'Banion v. Commonwealth, 531 S.E.2d 599 (Va. Ct. App. 2000).
“" Code §§ 18.2-308(A), 18.2-308.2. The Code does not absolutely prohibit a felon from carrying a knife, but proscribes specific kinds of knives and those of like kind.”
Thompson v. Com., 673 S.E.2d 469 (Va. 2009).
“2(A), it is unlawful for any person who has been convicted of a felony "to knowingly and intentionally carry about his person, hidden from common observation, any weapon described in subsection A of [Code] § 18.2-308." As relevant to the butterfly knife at issue in this appeal,…”
— Va. Code Ann. § 18.2-308(O) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.