Switchblade knife; exception to carry concealed. (HB1432)

Introduced By

Del. Lee Ware (R-Powhatan) with support from co-patron Del. Scott Lingamfelter (R-Woodbridge)

Progress

Introduced
Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Description

Carrying a switchblade knife; exception. Authorizes any person to carry a switchblade knife concealed when such knife is carried for the purpose of engaging in a lawful profession or recreational activity the performance of which is aided by the use of a switchblade knife. The bill removes switchblade knives from the list of weapons the selling, bartering, giving, or furnishing of which is a Class 4 misdemeanor. Amends § 18.2-311, of the Code of Virginia. Read the Bill »

Outcome

Bill Has Failed

History

DateAction
11/16/2016Committee
11/16/2016Prefiled and ordered printed; offered 01/11/17 17100835D
11/16/2016Referred to Committee for Courts of Justice
01/06/2017Impact statement from DPB (HB1432)
01/13/2017Assigned Courts sub: Criminal Law
01/16/2017Subcommittee recommends reporting (7-Y 4-N)
01/20/2017Reported from Courts of Justice (13-Y 7-N) (see vote tally)
01/24/2017Read first time
01/25/2017Passed by for the day
01/26/2017Passed by for the day
01/27/2017Read second time
01/27/2017Amendment by Delegate Ware agreed to
01/27/2017Engrossed by House as amended HB1432E
01/27/2017Printed as engrossed 17100835D-E
01/30/2017Read third time and passed House (57-Y 39-N)
01/30/2017VOTE: PASSAGE (57-Y 39-N) (see vote tally)
01/30/2017Impact statement from DPB (HB1432E)
01/31/2017Constitutional reading dispensed
01/31/2017Referred to Committee for Courts of Justice
02/06/2017Reported from Courts of Justice (10-Y 5-N) (see vote tally)
02/07/2017Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/08/2017Read third time
02/08/2017Passed Senate (22-Y 16-N) (see vote tally)
02/08/2017Reconsideration of Senate passage agreed to by Senate (39-Y 0-N) (see vote tally)
02/08/2017Passed Senate (23-Y 16-N) (see vote tally)
02/10/2017Enrolled
02/10/2017Bill text as passed House and Senate (HB1432ER)
02/10/2017Impact statement from DPB (HB1432ER)
02/10/2017Signed by Speaker
02/13/2017Signed by President
02/13/2017Enrolled Bill communicated to Governor on 2/13/17
02/13/2017G Governor's Action Deadline Midnight, February 20, 2017
02/20/2017G Vetoed by Governor
02/22/2017Passed by motion rejected
02/22/2017Passed by until Wednesday, April 5, 2017
04/05/2017Placed on Calendar
04/05/2017House sustained Governor's veto

Video

This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 3 clips in all, totaling 7 minutes.

Transcript

This is a transcript of the video clips in which this bill is discussed.

VIRGINIANS AS YOU MIGHT GUESS. THERE WAS NO TESTIMONY ON THEIR BEHALF IN COMMITTEE. I DON'T KNOW OF ANY OPPOSITION. [LAUGHTER] AND I WOULD ASK THAT THE HOUSE ENDORSE THIS AND MOVE IT TO ITS THIRD READING. HOUSE BILL 1477. A BILL TO AMEND AND REENACT SEVERAL SECTIONS OF THE CODE. RELATING TO DOGS AND CATS; LIFETIME LICENSES. REPORTED FROM COMMITTEE ON AGRICULTURE, CHESAPEAKE AND NATURAL RESOURCES WITH AMENDMENTS.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM CAROLINE, MR. LaROCK.

Del. Dave LaRock (R-Loudoun): I MOVE THE ADOPTION OF THE COMMITTEE AMENDMENT.

[Unknown]: THE QUESTION IS ADOPTION OF THE COMMITTEE AMENDMENT. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. , THE MOTION IS AGREED TO.

Del. Dave LaRock (R-Loudoun): I THINK I FINALLY FOUND A DOG AND CAT BILL THAT IS NOT CONTROVERSIAL AFTER MANY YEARS OF SEARCH. LADIES AND GENTLEMEN OF THE HOUSE, THIS MEASURE AFTER A STUDY DONE LAST YEAR BETWEEN ANIMAL CONTROL OFFICERS AND VETERINARY ASSOCIATION AND OTHER PARTNERS LED TO A CONSENSUS IT WOULD BE PERMISSIVE TO ALLOW A LOCAL GOVERNMENT IN THEY CHOOSE TO EFFECT A LIFETIME PET LICENSE AND AS A PART OF THAT IF THEY CHOOSE AS WELL THIS IS PART OF THE COMMITTEE AMENDMENTS A REQUIREMENTS MICROCHIPPING THE ANIMAL TO GET A LIFETIME LICENSE. I HOPE IT WOULD BE THE PLEASURE OF THE BODY TO ENGROSS THE BILL AND PASS IT TO ITS THIRD READING.

[Unknown]: THANK YOU. CONTINUING WITH THE BLOCK. PAGE 7 OF TODAY'S PRINTED CALENDAR. UP, HOUSE BILL 15. A BILL RELATING TO PUBLIC INSTITUTIONS OF HIGHER EDUCATION; ACADEMIC CREDIT FOR REPORTED FROM COMMITTEE ON AMERICAN SIGN LANGUAGE COURSES. EDUCATION WITH SUBSTITUTE. WITH AN AMENDMENT IN THE NATURE

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM STANTON, OF A SUIT. MR. BELL.

[Unknown]: THANK YOU, MR.ER. MR. SPEAKER AND MEMBER OF THE HOUSE IN 2011 WE PASSED LEGISLATION THAT WOULD PERMIT AMERICAN SIGN LANGUAGE SATISFACTORY COMPLETION TO COUNT AS A FOREIGN LANGUAGE CREDIT. THE INTENT OF THAT BILL APPARENTLY WAS NOT CLEARLY STATED IN THE CODE WHEN IT PASSED AND THERE HAS BEEN IN AN ATTEMPT TO CLEAR THAT UP CONFUSION. THIS BILL COMES FORWARD THIS YEAR AND SIMPLY SAYS THAT SUCCESSFUL COMPLETION OF AMERICAN SIGN LANGUAGE COURSES IN EITHER SECONDARY SCHOOL OR ANOTHER INSTITUTION OF HIGHER EDUCATION TOWARDS SATISFACTION OF THE FOREIGN LANGUAGE ENTRANCE REQUIREMENT WHICH IS ALREADY IN THE CODE. AND ALSO INCLUDES PLACEMENT AND COURSE CREDIT REQUIREMENTS OF THE PUBLIC INSTITUTION OF HIGHER IT GOES FURTHER TO SAY THAT EACH EDUCATION. PUBLIC INSTITUTION SHALL COUNT CREDIT RECEIVED FOR SUCCESSFUL COMPLETION OF AMERICAN SIGN LANGUAGE AT THE INSTITUTION TOWARDS SATISFACTION OF ITS FOREIGN LANGUAGE COURSE CREDIT REQUIREMENT. I WOULD MOVE TO ENGROSS THE BILL AND PASS IT TO ITS THIRD READING.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS ON ADOPTION OF THE COMMITTEE SUBSTITUTE. ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE SUBSTITUTE IS AGREED TO.

[Unknown]: HOUSE BILL 1520. A BILL TO AMEND TO SEEK AN EXEMPTION FROM THE FEDERAL REFORM LATED GASOLINE PROGRAM FOR GASOLINE SOLD FOR FARM USE. REPORTED FROM COMMITTEE ON AGRICULTURE, CHESAPEAKE AND NATURAL RESOURCES WITH SUBSTITUTE. THE MR. KNIGHT. I MOVE THE SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): ALL IN FAVOR SAY AYE. THOSE OPPOSED, NO. THE SUBSTITUTE IS AGREED TO. THE GENTLEMAN FROM VIRGINIA BEACH.

[Unknown]: MR. SPEAKER, HINSKE 1520 ALLOWS FOR ALL FARMERS IN THE STATE OF VIRGINIA TO HAVE ETHANOL FREE GAS DELIVERED TO THEIR FARM. ETHANOL DESTROYS AND CORRODES THE GASKETS AND HOSES. I MOVE THE HOUSE ENGROSS THE BILL AND PASS TO ITS THIRD READING. HOUSE BILL 1556 A BILL TO AMEND AND REENACT TWO SECTIONS RELATING TO RELATING TO VIRGINIA POLYTECHNIC INSTITUTE AND STATE UNIVERSITY AND VIRGINIA STATE UNIVERSITY; PURPOSE AND COURSES OF STUDY. REPORTED FROM COMMITTEE ON EDUCATION WITH SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM CAROLINE, MR. ORROCK.

Del. Bobby Orrock (R-Thornburg): I MOVE THE ADOPTION OF THE COMMITTEE SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): THE QUESTION IS ON THE ADOPTION OF THE COMMITTEE SUBSTITUTE. AS MANY AS FAVOR THE MOTION SAY AYE. THOSE OPPOSED NO.

Del. Bobby Orrock (R-Thornburg): THE SUBSTITUTE IS AGREED TO.

[Unknown]: THIS IS LANGUAGE WORKED OUT AND AGREED TO BY VIRGINIA TECH AND VIRGINIA STATE AND WOULD ENSURE PROSPECTIVELY THAT BOTH OF THESE FINE INSTITUTIONS WILL ENSURE IN FUTURE STRATEGIC PLANS THAT THE CHARTER FUNCTIONS ESTABLISHED BY THE LAND GRANT UNIVERSITY STATUS WILL CONTINUE TO BE A CRITICAL PART OF THE TWO UNIVERSITY'S STRUCTURE. I HOPE IT WOULD BE THE PLEASURE
SENATOR HANGER.

Sen. Emmett Hanger (R-Mount Solon): THANK YOU, MR. PRESIDENT. AN INTRODUCTION, PLEASE.

[Unknown]: THE SENATOR HAS THE FLOOR.

Sen. Emmett Hanger (R-Mount Solon): THANK YOU, MR. PRESIDENT. THE SENATOR FROM ROCKINGHAM JUST RECOGNIZED SOME OF THE FOLKS FROM THE ADVANCED PLACEMENT FROM ROCKINGHAM COUNTY, BUT I'D LIKE TO EXPAND ON THAT A LITTLE BIT. WE ALSO HAVE SOME PARENTS, TEACHERS, STUDENTS FROM OTHER AREAS AROUND THE STATE ALONG WITH THIS GROUP FROM ROCKINGHAM COUNTY TODAY. THERE ARE FIVE VIRGINIA SCHOOL


[Unknown]: THE CONFLICT OF ETHICS AND ADVISORY COUNSEL, HEALTH RESEARCH BOARD AND BOARD OF TRUSTEES FOR THE VIRGINIA RETIREMENT SYSTEM. HOPE IT BE THE PLEASURE OF THE HOUSE TO PASS THE RESOLUTION.

Del. Bill Howell (R-Fredericksburg): SHALL THE RESOLUTION BE ADOPTED. THE CLERK WILL CLOSE THE ROLL.

Del. Lee Ware (R-Powhatan): AYES 98, NO'S 1. AYES 98, NO'S 1, THE RESOLUTIONS ARE ADOPTED.

[Unknown]: TURNING TO PAGE 34. PAGE 34 OF THE CALENDAR, PRINTED VERSION, RESOLUTION BEFORE US, HOUSE RESOLUTION 431, ENCOURAGING PUBLIC INSTITUTIONS OF HIGHER EDUCATION IN THE COMMONWEALTH TO PROTECT FREE SPEECH. BILL FROM COMMITTEE ON RULES WITH A SUBSTITUTE.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN FROM LOUDOUN, MR. LaROCK.

Del. Dave LaRock (R-Loudoun): THANK YOU, MR. SPEAKER. I WOULD ADD TO THE DESCRIPTION OF THE CLERK THAT WE WOULD ENCOURAGE THEM BY ASKING THEM TO FORM POLICIES, AND I WOULD ADD THAT THIS IS VERY MUCH IN KEEPING WITH THE SPIRIT OF THE GENTLEMAN FROM AUGUSTA'S BILL, NUMBER 1401, WHICH PASSED THIS HOUSE BY A VOTE OF 79-16, AND THE SENATE BY 36-4. TARGETS THE SAME NEED IT WILL COMPLEMENT THE DELEGATE'S BILL.

Del. Bill Howell (R-Fredericksburg): THE GENTLEMAN FROM FAIRFAX, MR. PLUMB.

[Unknown]: SPEAKING TO THE RESOLUTION.

Del. Bill Howell (R-Fredericksburg): GENTLEMAN HAS THE FLOOR.

[Unknown]: MR. SPEAKER, LADIES AND GENTLEMEN OF THE HOUSE, I KNOW SOMETIMES WE PASS THESE RESOLUTIONS LIGHTLY, BUT I WANT YOU TO TAKE A COUPLE MINUTES TO LOOK AT THIS, AND HELP ME THINK THROUGH WHAT IT IS THE PROBLEM WE'RE TRYING TO SOLVE. WE ARE GOING TO PASS THIS RESOLUTION, IF YOU LOOK DOWN AT WHAT WE ARE GOING TO DO WITH IT, WE ARE GOING TO MAKE COPIES OF IT AND SEND IT OFF TO THE PRESIDENTS OF OUR

Comments

William McGee writes:

PLEASE DO NOT PASS THIS BILL - as a retired school administrator I have had to retrieve loaded guns, box cutters, knives, scissors, Exacto knives and other weapons from angry students. Allowing "Switch Blade" Knives to be sold, and carried as a concealed weapon is not a wise or prudent law for the Commonwealth of Virginia. Inevitably, students will get their hands on these weapons and take them to school to show off or use if they are angry or being bullied. Most schools do not have metal detectors, the "Switch Blade" knives are extremely concealable and are made specifically to hide their true nature and intent. Many can be concealed out in the open due to their intentionally deceptive design. Please do not pass this Bill... shame on the Senate for passing the Senate Version, I hope none of their constituents have to go to school to address a problem that may arise from this very flawed legislation.

Doug Simon writes:

Schools already restrict students from carrying any kind of knife. There is absolutely no reason to restrict a law-abiding adult from carrying a knife that opens with one hand. Although this law is not written in reference to carriage of the knife for self defense, it is absurd that I can currently legally carry a concealed handgun, but not a push-button knife. Changes to this antiquated knife law are long overdue. Nice job on VA HB 1432!

Garlon Bennett writes:

Switch Blades and regular knives have no difference in concealability or lethality. Its literally a difference of deployment used, the use of a switch or the manual use of your thumb to open a blade. Both can be just as fast as the other, either way, a knife is a knife. As many may not know, you can already legally carry a knife on school property that under 3 inches as an adult. Lets not play the "think about the kids" card because its already easy to get ahold of switchblades in Virginia, all it takes is a few hours drive to a neighboring state. As a knife collector and enthusiast, the current legislation on switchblades and other edged weapons are asinine and outdated. Switchblade's were stigmatized in the mid-late fifties as an extremely deadly weapon, when its just as lethal as a kitchen knife or your grandfathers trapping knife. If you are worried about children bringing weapons to school due to fear, maybe you should have polices and viable punishments for bullies and outreach programs for kids to be able to talk and not have to resort to weapons ( and of the ones William McGee listed) that are legal to own and possess off of school grounds or fall under the "less than 3 inches" legislation for adults. I say good on our legislators to make a change!

Isabel Steilberg writes:

Thank you for voting "no" on HB 1432.

Casey Crumpler writes:

I don't see the big deal with it because it is no different than a knife that isn't automatic. Some people need to get over themselves and put their pride aside. It is just a knife! a student or just anyone can kill or hurt anyone with anything they want or can get their hands on !!!! This in my opinion is so stupid that we are fighting over this and that people have to be so childish about this stuff, you all are grown adults if you don't like it than it is your opinion and you need to keep your opinion to yourself. I agree with mister Garlon Bennett on this because he makes strong points that more people need to listen to, he seems like an intelligent man. VOTE YES on HB 1432!

Will Z. writes:

For any of the un informed people please read this article before making your mind up. There really is no difference between auto knives and spring assisted knifes. Spring assisted knives are COMPLETELY LEGAL in Virginia RIGHT NOW! It is literally a small technicality in the law. So to the teacher that confiscated knives in school and somehow he thinks this is going to help students get knives, to refresh your memory you have to be 18 to purchase these. So please before you say anything please read this article linked below. Thanks. https://www.knife-depot.com/blog/why-switchblades-should-be-legal/

WIll Z writes:

As Garlon was saying the action of the knife does not make any difference in concealability lethality it's just opens the knife which is a TOOL in a different way. Auto knives were invented for women to use because it made it easier for them to open it. Spring assisted knives that are already completely legal and sold at every sports store including Walmart in Virginia open faster and easier than most auto knives. Remember people this is a tool!