2020 West Virginia Code
Chapter 61. Crimes and Their Punishment
Article 7. Dangerous Weapons
§61-7-2. Definitions

(1) Blackjack means a short bludgeon consisting, at the striking end, of an encased piece of lead or some other heavy substance and, at the handle end, a strap or springy shaft which increases the force of impact when a person or object is struck. The term blackjack includes, but is not limited to, a billy, billy club, sand club, sandbag, or slapjack.

(2) Gravity knife means any knife that has a blade released from the handle by the force of gravity or the application of centrifugal force and when so released is locked in place by means of a button, spring, lever, or other locking or catching device.

(3) Knife means an instrument, intended to be used or readily adaptable to be used as a weapon, consisting of a sharp-edged or sharp-pointed blade, usually made of steel, attached to a handle which is capable of inflicting cutting, stabbing, or tearing wounds. The term knife includes, but is not limited to, any dagger, dirk, poniard, or stiletto, with a blade over three and one-half inches in length, any switchblade knife or gravity knife, and any other instrument capable of inflicting cutting, stabbing, or tearing wounds. A pocket knife with a blade three and one-half inches or less in length, a hunting or fishing knife carried for hunting, fishing, sports, or other recreational uses, or a knife designed for use as a tool or household implement is not included within the term knife as defined in this subsection unless the knife is knowingly used or intended to be used to produce serious bodily injury or death.

(4) Switchblade knife means any knife having a spring-operated blade which opens automatically upon pressure being applied to a button, catch, or other releasing device in its handle.

(5) Nunchaku means a flailing instrument consisting of two or more rigid parts, connected by a chain, cable, rope, or other nonrigid, flexible, or springy material, constructed in such a manner as to allow the rigid parts to swing freely so that one rigid part may be used as a handle and the other rigid part may be used as the striking end.

(6) Metallic or false knuckles means a set of finger rings attached to a transverse piece to be worn over the front of the hand for use as a weapon and constructed in such a manner that, when striking another person with the fist or closed hand, considerable physical damage may be inflicted upon the person struck. The terms metallic or false knuckles includes any such instrument without reference to the metal or other substance or substances from which the metallic or false knuckles are made.

(7) Pistol means a short firearm having a chamber which is integral with the barrel, designed to be aimed and fired by the use of a single hand.

(8) Revolver means a short firearm having a cylinder of several chambers that are brought successively into line with the barrel to be discharged, designed to be aimed and fired by the use of a single hand.

(9) Pepper spray means a temporarily disabling aerosol that is composed partly of capsicum oleoresin and causes irritation, blinding of the eyes, and inflammation of the nose, throat, and skin that is intended for self-defense use.

(10) Deadly weapon means an instrument which is designed to be used to produce serious bodily injury or death or is readily adaptable to such use. The term deadly weapon includes, but is not limited to, the instruments defined in subdivisions (1) through (8), inclusive, of this section or other deadly weapons of like kind or character which may be easily concealed on or about the person. For the purposes of 18A-5-1a of this code and 61-7-11a of this code, in addition to the definition of knife set forth in subdivision (3) of this section, the term deadly weapon also includes any instrument included within the definition of knife with a blade of three and one-half inches or less in length. Additionally, for the purposes of 18A-5-1a of this code and 61-7-11a of this code, the term deadly weapon includes explosive, chemical, biological, and radiological materials. Notwithstanding any other provision of this section, the term deadly weapon does not include any item or material owned by the school or county board, intended for curricular use, and used by the student at the time of the alleged offense solely for curricular purposes. The term deadly weapon does not include pepper spray as defined in subdivision (9) of this section when used by any person over the age of 16 solely for self-defense purposes.

(11) Concealed means hidden from ordinary observation so as to prevent disclosure or recognition. A deadly weapon is concealed when it is carried on or about the person in such a manner that another person in the ordinary course of events would not be placed on notice that the deadly weapon was being carried. For purposes of concealed handgun licensees, a licensee is considered to be carrying on or about his or her person while in or on a motor vehicle if the firearm is located in a storage area in or on the motor vehicle.

(12) Firearm means any weapon which will expel a projectile by action of an explosion.

(13) Controlled substance has the same meaning as is ascribed to that term in 60A-1-101(e) of this code.

(14) Drug has the same meaning as is ascribed to that term in 60A-1-101(m) of this code.