Introduction to Balisongs

Balisong knives originated in the Philippines and are said to have been named after the Balisong river in Batangas. However, the first actual written account of them is from France in 1905. For the next 70 years, they were a well-kept secret, commonly used by regional knife enthusiasts and flipsider performers. As their popularity grew, American soldiers and Marines began to bring them home after serving overseas.
Called "Butterfly Knives," for the appearance of the handles ‘flying back’ and forward when flipped, these knives utilize a simple yet effective principle: two handles rotate on either end of the blade, which is sandwiched in between. While these knives can be made from many different materials and styles, a classic example contains a wavy-edged stainless steel blade, highly polished hardwood handles, and a pin or latch to hold the blade in the ‘open’ position.
Of these features, the most important ones to note are the latch and the pins. While the pin can be used to hold the knife closed (or shut) when not in use, some knives do not come with them, preferring instead to use only a latch.
This change is important because, while clipped knives are considered fully-functioning, ones without a pin are under controversy. The first landmark case to define a Balisong without a pinned blade as fully-functioning was Kessler v. State, an Oklahoma case decided in July of 1993. There, the court stated:
"Under this definition, the distinguishing characteristic of an ordinary folding knife (or one that is folded), including one less than six inches long, is that the writing edge of the blade is closed inside the handle so that it is not exposed to a person’s hand when the knife is held for use, while that of a butterfly knife is exposed to the person’s hand even when the knife is closed . Thus, we find a butterfly knife to be a knife not in common use."
While the court in Kessler reasoned correctly that a Balisong does not share "the defining characteristic" of a folding knife "when the blade is closed," New Jersey and California differ.
In the California case People v. Beal, the court stated that a Balisong considered a ‘switchblade’ under the state’s laws. Since switchblades are illegal, it followed that the one in question was considered a deadly weapon and the defendant’s actions qualified for enhanced sentencing under Penal Code 12022(b). However, in California, a Balisong has been defined as a folding knife if it is unique; that is, it has a single-edged blade measuring less than 2 inches long, open length of less than 3 inches, and a handle width of 3/8 inch or less.
In the Virginia Supreme Court case, simultaneous opinions were reached. In the case of Perry v. Commonwealth, the majority stated that the Balisong in question was a deadly weapon, relying heavily on Kessler. However, Justice Kinser dissented, stating that the Balisong flipknife is merely a folding knife and cannot be compared to a switchblade. He also gave a persuasive argument for the definition of switchblade in other states, and examined how Virginia was the only state in the country to consider a Balisong a switchblade. Thus, while some states can classify these knives as folding knives, it is up to the prosecutor in each case to decide whether it will be classified as illegal.

Balisongs and the Law

In Virginia, the ownership and carry of balisong knives is regulated under state law. While the state does not have specific laws addressing balisong knives, they are subject to similar regulations as other types of folding knives under Virginia Code § 18.2-311.
Under Virginia law, it is illegal for a person to carry any knife with a blade longer than three inches, concealed, without a permit that provides a general exception to this law. (A list of those exemptions from concealed weapons laws can be found at Virginia Code § 18.2-308). As for manufacture and sales, knives with a blade 12 inches or longer are considered dangerous and their manufacturing, sale, or use was prohibited by Virginia for a period of time from 1958 to 1976.
However, while the manufacture and sale of dangerous knives (with a blade 12 inches or longer) is no longer prohibited, there are still restrictions against sale or manufacture of knives defined as "switchblades" or "balasong knives" by state law.
While the state code does not specifically define what a "balisong knife" is, the Virginia Attorney General’s Office defines a "balisong knife" as a type of knife "with two handles. The blade folds out from between the handles when in use. This type of bifold knife is also called a "butterfly knife." See 2011-051, December 15, 2011 Letter Opinion. In addition, balisong knives have been outlawed in some Virginia counties, such as Loudon, created unlawful under Loudon County Code § 650.02.

Important Case Law

While the statutory language provides a general framework, key rulings in Virginia’s courts can offer insight into how the law is applied in the real world. For instance, circuit courts are held to follow rulings issued by the Virginia Supreme Court. Few things can strike more fear in the hearts of Virginia’s knife carriers than the phrase "balisong knife." The court’s decision in Adams v. Commonwealth, 12 Va. App. 964 (1991), established a precedent that stated a knife could only be a "balisong" so long as it had a blade less than three sections. While other issues were involved in the case, this key holding provides an important legal basis for those carrying knives that they wish to brand as a "butterfly."

Evaluating Knife Laws by State

In addition to the potential legality of a balisong knife in Virginia, one must also consider the surrounding states and how they may view the proper carrying and use of a balisong knife.
In Maryland, possession of a knife with a blade over 3 inches is illegal. But, as per the 1981 Maryland Attorney General Opinion (76 Op. Atty. Gen. Md. 12 – Dec. 7, 1990), folding knives are not considered a "dirk," "dirk knife," "dagger" or "throwing knife" and therefore may be carried, with or without a blade exposed.
In North Carolina, it is legal to carry a balisong []provided you are not doing so for illegal or aggressive purposes. G.S. 14-269 prohibits the concealment or display of certain weapons, including dirks, daggers, razors, and knives that are eight inches end to end. However, the North Carolina Knife Rights Amendment became effective on Oct. 1, 2013. This amendment made it illegal to "prosecute a person for possessing, purchasing, selling, offering to purchase or sell, transporting, or transferring a straight, unbroken, uninterrupted, fully enclosed sheath knife in a closed position," unless it is done with ferocious intent . If the knife is carried in a way that it can be observed by others, it would not be concealed, and it is said that North Carolina residents have the right to carry a knife of any length, straight, curved, or otherwise without any special licensing or permits. Keep in mind, though, that each individual case is fact-specific.
The law surrounding balisong knives in Tennessee changed when the Knife Rights Knife Preemption Law became effective on July 1, 2014. Knife Rights’ Knife Preemption Law removes state and local authority to regulate "carry" or "possession" of a knife, unless specifically provided in the statute. T.C.A. § 39-11-106(5) and the definitions of "knife" under T.C.A. § 39-17-1302. These provisions allow for more freedom in carrying a knife, provided that it is not done for a dangerous purpose, but instead, carried for a lawful purpose such as traveling to or from a job, school, campsite, etc. However, there are regulations placed on carrying knives in public buildings, at public parks, public recreation buildings and grounds, public playgrounds, and school property.

Harm for Violating Knife Laws

The penalties for owning, carrying, or possessing a balisong in violation of Virginia law can range from a "slap on the wrist" to serious consequences. It can be a Class 2 or 4 misdemeanor (i.e., criminal conviction) for generally carrying them in public, carrying them concealed without a permit, bringing them to certain public places, like schools, etc. These penalties can include fines and/or jail time and may also result in a permanent criminal record.
Permits are available for people who need to carry a knife in connection with their profession, such as for employment of school purposes. For those who live outside the Commonwealth, however, the laws are somewhat more stringent. Knife-carrying laws differ from state to state, so try to understand the rules of the state you’re in before venturing out into public.
Prior to purchasing any knife, know the knife laws governing your residence, and know the knife laws where you’ll be using your knife. If traveling, consider carrying a copy of the state laws with you just in case a police officer questions you about the blade you’re carrying (that will only happen if the officer has reason to suspect your knife violates that state’s knife laws).

Advice for Collectors and Owners

For those who appreciate the craftsmanship and artistry behind balisong knives, there is a responsible way to enjoy them in Virginia. Long-time viewers of "For the Record Live!" may know our firm’s long history in the knife industry; you can read more about Matt Hawes’ family’s deep roots at American Knife & Tool Institute, but we’re committed to the same ideals of safety and responsibility that AKTI promotes.
If you are a collector or enthusiast, consider these tips and pointers to make sure that you can enjoy your hobby within Virginia legal requirements:

• Stick to the folding blade for collectors. While collectors may be tempted by the cool factor of fixed blades like the Tabanan or other one-piece variations of the traditional butterfly knife, the law is clear on these prohibitions for now.
• If you carry a balisong knife , educate yourself and start small. It’s better to practice with a dull trainer in a safe environment than with a real blade and risk injury to yourself or others.
• If you purchase a knife online, be sure to understand how it will be delivered to Virginia. Because some carriers (for example, USPS) will not ship knives, you may need to consider a different carrier that does not have such restrictions.
• Any knife is only as safe as it is responsibly and legally handled. With an eye for safety that includes the safety of others as well as of the knife itself, the knowledgeable collector or enthusiast can both enjoy his or her hobby and comply with the law.

We invite collectors and enthusiasts to follow our blog as new developments arise in butterfly knife law.