Is it legal for active duty military to carry a Benchmade 5000 auto knife in Virginia? Law References?

Unlike a lot of other states, Virginia does not make an exception to it's weapon laws for members of the military, though it does make exceptions for police. My hypothesis is, as a member of the Armed Forces, the execution of your duties occurs outside the US or is confined to US bases. For example, you cannot take your machine gun or grenades home legally. Therefore, the same applies to switchblades, which you may legally use on duty when training or deployed, but you may not carry around town when off duty.

The applicable law is § 18.2-308. Note however that under part B, it is legal to buy such a knife, transport it from place of purchase to one's home, and to own and keep it there. You may not carry it on your person or in your car though.

Well if it has an assisted opening meaning a spring that flips the knife open, or a button or lever that opens the knife then yeah it could be illegal. There is a lot of grey area with that sort of thing and as long as you're not running into the police a lot you should be fine. Where ya stationed BTW Quantico?

Simple answer. You can legally buy it but you cannot posses it when you are not on US military property while in the USA. If you are deployed overseas you are not subject to local laws. Leave it on base when in then USA.

Your military status makes no difference with regard to state law.

Being in the military doesn't exempt you from laws.

And don't take legal advice from a store.

Unless you are on duty, all military personnel have to obey local weapon laws.

No, you cannot. 4 inches is the law. If the blade is longer, you cannot carry it, openly or concealed on your person.

You need Clearance from your CO on this issue.