Legality of German paratrooper gravity knives?

Are these legal in Maryland? I assume they are but I'm not sure on the whole gravity extension thing and the length of the blade. Are these outlawed in any state?

I'm no lawyer but I think they're legal to own just not legal to carry or sell similar to switchblades.

I recall reading about a Maryland court case in the 1970s in which they were declared "deadly weapons", making them illegal to carry

WeaponsCollector said:

I'm no lawyer but I think they're legal to own just not legal to carry or sell.

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Yes , that is how I read it as well ..

But I am not 100% sure an would like some clarification myself


It may be legal for sale, just not legal to carry

Maryland Case Law:
- "'Gravity knife' constituted a dangerous or deadly weapon."
(1964)

I actually own one of these.

Regarding legality, like any weapon you most certainly can carry one openly. 4-101 of the criminal code is quite explicit: Only concealed carry is regulated in the state except for handguns (Or carry with intent to unlawfully injure, but somehow I doubt that's what you plan on doing).

For concealed carry, it comes down to weather or not it counts as a "penknife," which by law are exempt from regulation at the state level and thereby legal for 100% concealed carry. Penknife is covered by Mackall v State, 1978:

"Penknife" is not defined in the statute. Even if the General Assembly had the dictionary definition in mind when it first enacted the statute in 1886, this concept of a "penknife" had obviously changed when the exception was amended to "penknife without switchblade." Penknives today are commonly considered to encompass any knife with the blade folding into the handle, some very large.

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This definition has been upheld multiple times in state and federal court. Given that the definition of "switchblade" provided under 4-105 requires some sort of switch-triggered automatic spring action, and that Mackall came after (and thus overrides) the commonly alluded-to "gravity knife" case in the 1960s, it would seem to me that a gravity knife counts as a penknife for purposes of law. I'd bet your average officer probably would not even know what kind of knife it is should you happen to aggravate one enough that he decides to search you. Mind, there are local county or city municipal codes that may apply.

Sources:
http://mgaleg.maryland.gov/2014RS/Statute_Web/gcr/4-101.pdf
http://mgaleg.maryland.gov/2014RS/Statute_Web/gcr/4-105.pdf

kingfish said:

Are these legal in Maryland? I assume they are but I'm not sure on the whole gravity extension thing and the length of the blade. Are these outlawed in any state?

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The 2A is about the right of the people to keep and bear arms. Knives, swords, halbards and rifles and pistols are arms. Why do we only concern our selves with arms that go bang?

glistam said:

I actually own one of these.

Regarding legality, like any weapon you most certainly can carry one openly. 4-101 of the criminal code is quite explicit: Only concealed carry is regulated in the state except for handguns (Or carry with intent to unlawfully injure, but somehow I doubt that's what you plan on doing).

For concealed carry, it comes down to weather or not it counts as a "penknife," which by law are exempt from regulation at the state level and thereby legal for 100% concealed carry. Penknife is covered by Mackall v State, 1978:



This definition has been upheld multiple times in state and federal court. Given that the definition of "switchblade" provided under 4-105 requires some sort of switch-triggered automatic spring action, and that Mackall came after (and thus overrides) the commonly alluded-to "gravity knife" case in the 1960s, it would seem to me that a gravity knife counts as a penknife for purposes of law. I'd bet your average officer probably would not even know what kind of knife it is should you happen to aggravate one enough that he decides to search you. Mind, there are local county or city municipal codes that may apply.

Sources:
http://mgaleg.maryland.gov/2014RS/Statute_Web/gcr/4-101.pdf
http://mgaleg.maryland.gov/2014RS/Statute_Web/gcr/4-105.pdf

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This.
I know prosecutors and cops who don't know that a SB is legal is carried openly. In fact I had to show the statute to a crim defense buddy who was defending a SB possession case. While in that instance the knife was concealed, the state was required to prove the reasonableness of the search that led to its discovery (the state did, tje client wad convicted)

I pointed out to my cop buddy that SBs are legal if not concealed. He said most cops would still arrest you if they search you and find a SB on you, even if open carry.

Comforting I know, but also reality.

There's no spring in a gravity knife and it acts more like a stilleto there is no mechanism in the knife that would extract the blade. This is just my opinion

I, too, own one. Newer production knife but really cool nonetheless. Hell of a blade

Maryland knife laws are archaic...and something difficult to understand (and enforce).

IIRC, the big issue with gravity knives are if they fall under the "dangerous/deadly" clause or a "penknife". While they vaguely define a "deadly weapon", technically virtually anything with an edge can potentially constitute a, "deadly weapon"...which is highly dependent upon usage, characteristics, intent, blade, and context.

It has been a while since I read the Switchblade Act, but IIRC the traditional German Paratrooper Knife is what constitutes a, "gravity knife," and the Switchblade Act explicitly mentions these in the same language as an automatic knife (this wording is very vague). This is presumably because, like an OTS automatic, a switch that is separate from the blade is what engages/disengages a knife that is free-floating from the actual switch/locking mechanism.

With MD, there probably is no one in government who even understands the difference...and it is probably why it did not better define the knives ruled. As noted, Maryland does not mention this as a 'weapon' in the sense of an automatic. However, that does not mean a gravity knife is NOT considered automatic. MD needs to be more specific in explaining the law...

One site says that in MD you can OWN a gravity knife, but NOT CARRY one...but if that the law itself doesn't specify I am confused a little to how they determined this definitively.
http://www.knifeup.com/maryland-knife-laws/

IIRC, the amendment to the Switchblade Act to protect assisted-opening knives would not apply to a classic Paratrooper Gravity Knife because no pressure needs to be placed on the blade. Regardless of the above, no one is going to give you a hard time for just owning one in a collecting sense. With that said, it probably isn't a good carry choice due to the vague wording of the law, IMHO. Also, many of them tend to be larger in size and that plus the opening can make the sheeple uncomfortable...

Thanks. Is there a particular length of knife or blade that is considered dangerous?

kingfish said:

Thanks. Is there a particular length of knife or blade that is considered dangerous?

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No the length has no meaning in statute or case law for any knife. There's a handful of city ordinances here and there but absolutely not at the state level.

Anderson v State 1990 places burden of proof on the state to prove a knife is not a penknife and is indeed a dangerous weapon. I've see a few fixed blade (definitely not a penknife) arrests thrown out simply because there was no offensive intentions and the knives were utilitarian in nature.

glistam said:

No the length has no meaning in statute or case law for any knife. There's a handful of city ordinances here and there but absolutely not at the state level.

Anderson v State 1990 places burden of proof on the state to prove a knife is not a penknife and is indeed a dangerous weapon. I've see a few fixed blade (definitely not a penknife) arrests thrown out simply because there was no offensive intentions and the knives were utilitarian in nature.

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The concern tho is context through interpretation...and in a state that is ridiculously liberal and libs tend to be about as open to knives as they are guns...

Some ridiculous lib could see someone using a knife to open a bag of peanuts and then make some wild accusation that the individual was (intentionally) using the knife in a 'threatening' or 'intimidating' manner or some other wild accusation that implies (harmful [AKA offensive weapon]) intent and such usage in the accused fashion could potentially change everything.

And because what defines a pocket knife is not very specific relative to the variety on the market today, my concern with any larger knife is a tendency for libs to look at that knife in the same sense they look at AR-15s...as weapons that are only made to kill, that the objects themselves are at fault before individuals, only used by social deviants, something the average citizen does not need, something that 'common sense' would say to make illegal, and something with zero redeeming value hence it has to be illegal.

I cant answer your question about legality but www.dansammo.com has them for sale $39.99 including shipping. They are in the odds and ends catagory.