Specifically, both a knuckle knife and brass knuckles have a metal grip for the user’s hand to fit inside of, and a metal portion that protrudes past the user’s fist. The court explained that a knuckle knife is nearly identical to a set of brass knuckles, except that it contains a spring-loaded blade. On appeal, the court agreed with the lower court, affirming the defendant’s conviction. The trial court rejected the defendant’s motion to strike, finding the defendant guilty. The statute lists a number of prohibited items, including “any pistol, revolver… any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, sling bow, spring stick, metal knuckles, or blackjack…or any weapon of like kind as those enumerated in this subsection.” Virginia Code section 18.2-308(A) prohibits a person from carrying a hidden weapon. At trial, the defendant moved to strike the indictment, arguing that a knuckle knife was not included among the prohibited items in section 18.2-308(A). However, when the arresting officer seized the knuckle knife, he did not know that it was a knife, thinking it was a pair of brass knuckles. Police later arrested the defendant, confiscating the knife. The defendant then lifted the boy up and pretended to stab him in the chest and stomach before putting the boy down. Initially, the defendant held the knife at his side, but raised it as he approached the boy. The defendant got upset, and told the boy, “hit my car again and see what happens.” The defendant left, returning with a metal knuckle knife. At some point, the boy nearly hit the car with the football. Ultimately, the court concluded that a knife falls within the category of prohibited items, affirming the defendant’s conviction.Īccording to the court’s opinion, a young boy was playing football near the defendant’s car. Recently, a state appellate court issued a written opinion in a Virginia weapons offense case, requiring the court to determine if a knife counts as a “weapon” under the language of Virginia Code section 18.2-308(A).
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