Thank you for the clarification. My error.
A warning on carrying spring-assisted knives.
- Thread starter buzzzyy
- Start date
The #1 community for Gun Owners of the Northeast
Member Benefits:
No ad networks! Discuss all aspects of firearm ownership Discuss anti-gun legislation Buy, sell, and trade in the classified section Chat with Local gun shops, ranges, trainers & other businesses Discover free outdoor shooting areas View up to date on firearm-related events Share photos & video with other members ...and so much more!
Member Benefits:
Thank you for the clarification. My error.
Lex Armarum
Ultimate Member
- Oct 19, 2009
- 3,450
Its been a couple years, I work in a private firm in AACo now, but I think I've met a Dombrowski while working in the District Court. Of course, I could also be mistaken. Still, the name sounds eerily familiar.
For the record, as much as I like to take on the police, the HoCo guys are a good lot in general. Very personable for the most part; even with defense attys.
A spring-assisted knife requires pressure on the stud to overcome some tension or a cam, opening the knife slightly, and then the pre-loaded spring assists the full opening of the blade. The spring can not open the blade from a closed position.
An auto/out-the-front like a stiletto merely requires a push of the button to release spring tension, and does the entire work of opening the knife from a fully-closed position. These are considered "switchblades."
BlindViper
Active Member
Folders can be carried concealed. However a "bowie" or fixed blade knife is a weapon.
(5) (i) "Weapon" includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.
as such you can not carry it on or about your person concealed or open
(c) (1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.
The law does not define a folding knife so it folds its legal even if the blade is 2' long.
BlindViper
Active Member
are you saying the spring assisted knives are illegal?
Ethan83
Ultimate Member
I thought for sure there was already judicial precedent in MD that spring-assisted knives are NOT switchblades, and fall fully under the 'penknife' definition, thus rendering them totally legit to carry at any time, for any reason, either concealed or openly.
Streetgang
OP4
So what makes a "switchblade" so bad? Why do we have it as an illegal device and yet my M-9 bayonette is far more dangerous than a Benchmade Auto Stryker that is illegal for me to carry in this state?
The M9 is classified as a dangerous weapon too, because of it being a fixed blade.
WeaponsCollector
EXTREME GUN OWNER
Because in the 1950's and before some gangsters and street thugs would carry those scary switchblades so after much fearmongering by the media and by politicians about the "growing switchblade menace", the general population became frightened and rather than blame the criminal they blamed the "evil assault knife".
Many movies and negative news stories came out showing how switchblades are weapons of mass destruction and with the help of some congresscritters they were banned, same with brass knuckles and today only the police and military are allowed to buy switchblades in many states including Maryland.
http://www.youtube.com/watch?v=eNYuSHk6S_c
I'm not sure where the "or open" came from above. The way I read it (as a non-lawyer of course) is:
Weapon: can not carry concealed on or about the person (meaning hidden in your clothes "on", or in your man-purse "about")
Weapon (eg: bowie knife): can carry openly without criminal intent, as noted in Smokey's post above.
Please read my previous post that outlines the statute and the associated caselaw.
Any knife may be legal or illegal, depending on the intent of the person carrying it. The size does not inherently make a knife a deadly weapon. Spring assist alone does not make a knife a switchblade.
mamasaidno
Member
Sorry to hear about your situation. Lets be real, it's a knife. Regardless of whether is it spring assisted, automatic, etc it's a knife. The police from what I read over reacted. Sounds like the police in Hegerstown have nothing better to do with their time. I myself carry a piranha mini guard. I use it everyday from opening mail, to repairing lacrosse sticks for the youth team I coach. Please keep us informed to your situation. Good luck.
smokey
2A TEACHER
- Jan 31, 2008
- 31,494
How is intent proven without action? If I'm charged when i'm carrying my benchmade bone collector d2 folder, or spyderco endura folder based on intent to injure an individual in an unlawful manner, how can intent be proven if there is no act? This is more of an honest question than trying to debate the issue, as I don't know the answer.
Even if someone WAS internally carrying a knife on the way to stab up an ex, how could they prove internal intent if the person said, "I am carrying this knife for all lawful purposes as a tool"? It seems to me(where clarification is welcome) that the intent provision was meant as an additional charge once someone has committed a crime, as it's impossible to refute, "all lawful purposes as a tool" if the person in question never said or did anything to indicate otherwise. If I'm in a mall, walking down the street, or pulled over for speeding, it seems highly unlikely any intent charge could stick unless I say something like, "give that knife back! i need it to illegally injure someone"
smokey
2A TEACHER
- Jan 31, 2008
- 31,494
Intent is an entire area of study within the law. I couldn't begin to give you a complete answer here.
Generally, intent is inferred from facts and circumstances.
StantonCree
Watch your beer
- Jan 23, 2011
- 23,932
Yeah I mean Jesus didn't ANY OF YOU watch C.S.I. yesterday? Or 24? If you pay close attention jack bauer gives a 10 min speech on the entire penial code/regulations/situational awareness/and how to spot a B.S. thread all while hang-gliding from his testicals killing 92 people with a colt det. special from 150 yards away and NEVER reloading once.
ezliving
Besieger
I can understand the cops screwing up and arresting on a bad charge. I can't excuse it, but I understand it. File under sheit happens.
I really can't understand or excuse why the prosecutor hasn't immediately dismissed the charge, apologized and sent the cops involved back to school with extra homework.
I really can't understand or excuse why the prosecutor hasn't immediately dismissed the charge, apologized and sent the cops involved back to school with extra homework.
StantonCree
Watch your beer
- Jan 23, 2011
- 23,932
So that's where you get your training?!?
The jack Bauer seminar was the first 2 weeks of the academy.
From there we immediatly moved on to the high intensity A team training. It was a fast paced 2 week course of smoking cigars and packing a bunch of grown men into a van. We had a minor break when one of my class mates accidently burned a cigar ash hole in the back seat of the van. Man we did push ups for hours.
The next two weeks were Bruce Willis/ Samuel L. Jackson/Eric Estrada training. We learned how to create massive amounts of damage chasing people for misdemeanor crimes and billing the city millions. We also learned what to say when you catch a criminal with drugs, "Only dopes use dope" and other catch phrases.
Ex. Once I was chancing a man for stealing the trash off a public street, he was also weaing a blue uniform (which I believe to be a prison uniform) that had department of public works on it. He then hopped into his ride and I got on my decked out OC chopper and chased him lights and sires throughout the city until he crashed into a Brawny paper towel company building and I stated, "That about wipes up his criminal career"
The last month and most important was taught by rapper tupac's ghost. It was how to talk without using real words and it was a basic breakdown on how to completely forget your command of the english language.
And now I have a gun and a ticket book and I'm coming to a city near you!!! My segway doesn't go very fast so it might take me a minute to get there. ANYWAY BETWEEN D.C. AND BALTIMORE THAT CAN ALLOW ME TO CHARGE MY SEGWAY HALFWAY THERE?
Users who are viewing this thread
Latest posts
-
SB 1097 Likely rewritten to eliminate QHIC HQL Wear and Carry instructors (2 Viewers)- Latest: BurkeM
-
-
