assissted opening knives, legal?

Alexp08 · Jan 7, 2014

Im sure this has been beat to death but I cant find anything on it with the search function.

I was under the assumption that "assisted opening" knives were legal, and automatic and switchblades were illegal.

However I was just told that all three are illegal.

is this true?

dist1646 · Jan 7, 2014

Assisted opening is legal. My understanding is that switchblades are illegal to sell in Md. but there are exceptions for LEO. Hopefully someone will have a definite answer for the switchblades.

TylerFirearms · Jan 7, 2014

Md. CRIMINAL LAW Code Ann. § 4-101 (2013) defines as weapon as:

"Weapon" includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.

It states that a person may not carry a weapon except for (along with others):

an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

Md. CRIMINAL LAW Code Ann. § 4-105 (2013) says about transfers of switchblades or shooting knives:

(a) Prohibited. -- A person may not sell, barter, display, or offer to sell or barter:

(1) a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife;

My interpretation (and I'm not a lawyer, just someone who can read)? You can't transfer it (because they define it) but you can carry it (because they only define a switchblade) as a reasonable precaution against apprehended danger. I wouldn't swing it around in the middle of the mall, but I carry mine all the time and have never had a problem. But, I also don't whip it out all the time, either. When I came back from Afghanistan, I had to have my Commander's approval to get it through U.S. Customs. My opinion is if you're using it for legal purposes, no one will bother you. Try and use it in a crime and it will hem you up.

Just my two cents - not legal advice.

Roneut · Jan 8, 2014

The phrase "in the handle of the knife" from 4-105 above has been ruled in courts to mean that the triggering device that causes the blade to open is part of the handle, not the blade itself. An assisted opener requires moving the blade itself, and this does not count as a switchblade. Furthermore, because an AO is a "knife with the blade folding into the handle" (per the landmark precedent-setting case Mackall in the 70s) it counts as a "penknife" for purposes of 4-101 above (the carry law) and this is legal for carry. Extremely obvious proof of this can be observed in the hundreds of brick and mortar stores around the state that sell assisted-openers, several of which I know for a fact have police officers as routine customers. If they were considered switchblades, the store owner would be arrested immediately, as per 4-105 the mere offering of a true switchblade in a store is a misdemeanor. Please note that 4-105 has no exceptions for police officers or anyone else, because it is a ban on offering for sale, not a ban on buying.

There is one caveat: It is possible to encounter a "McGuigan," a cop who's understanding of the law is outright wrong (named for the famous pocketknife false-arrest case in Maryland) and they may attempt to confiscate and/or make an arrest for an AO. While I have heard of two instances of this in Maryland, neither was prosecuted.

NickZac · Jan 8, 2014

The AO type which use a torsion bar and the engagement is done by a component connected to the blade (thumb stud of flipper) is legal on paper in the sense that it is the user's generated inertia which begins the opening process, but local usage of any knife always has an iffy factor...especially if authorities or non-knife people have a poor understanding of laws or interprets what we would use a knife for utility as 'threatening'. It's the same concept of how even in areas in which no laws on blade size exist, there are still limitations imposed by social interpretation and one's own environment (ex: one could probably not use a 5 inch folder in an office setting in front of others without sparking what leads to the next terror alert...)

There are some knives advertised as AO which by law constitute automatics, but these are generally cheapie knives made overseas (generally China) from companies with loose morals...you aren't going to see respectable makers pushing automatic knives as being something they aren't...and as a general rule these knives are so crappy that one would be crazy to own one for anything other than novelty. There are also a ton of legal Chinese AOs which are also just complete junk...most of which come from three primary producers...

HazyDayz · Jul 22, 2014

glistam said:
The phrase "in the handle of the knife" from 4-105 above has been ruled in courts to mean that the triggering device that causes the blade to open is part of the handle, not the blade itself. An assisted opener requires moving the blade itself, and this does not count as a switchblade. Furthermore, because an AO is a "knife with the blade folding into the handle" (per the landmark precedent-setting case Mackall in the 70s) it counts as a "penknife" for purposes of 4-101 above (the carry law) and this is legal for carry. Extremely obvious proof of this can be observed in the hundreds of brick and mortar stores around the state that sell assisted-openers, several of which I know for a fact have police officers as routine customers. If they were considered switchblades, the store owner would be arrested immediately, as per 4-105 the mere offering of a true switchblade in a store is a misdemeanor. Please note that 4-105 has no exceptions for police officers or anyone else, because it is a ban on offering for sale, not a ban on buying.

There is one caveat: It is possible to encounter a "McGuigan," a cop who's understanding of the law is outright wrong (named for the famous pocketknife false-arrest case in Maryland) and they may attempt to confiscate and/or make an arrest for an AO. While I have heard of two instances of this in Maryland, neither was prosecuted.

So does that make an axis lock illegal? That mechanism allows the blade to be opened without actually touching the blade.

Boats · Jul 22, 2014

The difference between a switchblade and an assisted opener is a bias towards closure. Close an assisted opener enough and it will jump into the handle. Switchblade, not so much.

Assisted openers are legal, switchblades are not (basically.)

The one caveat is there is a federal exemption on switchblades < 3" in length for one- armed persons.

Ragnar · Jul 22, 2014

Where does this one fall? It's an out-the-front knife that Benchmade classifies as "automatic," but the opening action involves sliding the tab all the way forward in a slot, not just pressing a button.

http://www.benchmade.com/products/14850

HazyDayz · Jul 22, 2014

That's an automatic OTF. LEO and military only.

Boats · Jul 22, 2014

HazyDayz said:
That's an automatic OTF. LEO and military only.

+1

Second Amendment · Jul 22, 2014

My brother is Federal LEO. He is allowed to carry one and he does.

Mark75H · Jul 22, 2014

Maybe not 100% accurate, but don't switchblades' mechanisms hold the blade under tension while assisted opening blades stay closed via natural positions of their springs. AO's complete the opening of the blade (which is begun manually) vs releasing a blade held under tension.

Is this correct, at least in general?

Ragnar · Jul 22, 2014

HazyDayz said:
That's an automatic OTF. LEO and military only.

Well, only legal for military and LEO to purchase in-state. Civilians can own and carry one "as a reasonable precaution against apprehended danger," right?

HazyDayz · Jul 22, 2014

Mark75H said:
Maybe not 100% accurate, but don't switchblades' mechanisms hold the blade under tension while assisted opening blades stay closed via natural positions of their springs. AO's complete the opening of the blade (which is begun manually) vs releasing a blade held under tension.

Is this correct, at least in general?

As far as I am aware you have the mechanics correct.

Roneut · Jul 23, 2014

HazyDayz said:
So does that make an axis lock illegal? That mechanism allows the blade to be opened without actually touching the blade.

No, unless the axis lock releases some kind of tensioned device that makes the blade spring open under it's own power (some Benchmade autos use the axis lock as the release button). The blade merely falling open under the force of gravity or via inertia is not a switchblade under Maryland's definition. This is why butterfly and gravity knives are actually legal in Maryland, unlike most other states where switchblade language contains references to gravity, inertia, centrifugal force etc.

HazyDayz · Jul 23, 2014

Huh. Cool. I didn't know that about butterflies either. Thanks for the info.

Rebelwon · Jul 23, 2014

Next question - would that AO be considered a concealed weapon if kept in the console in a car?

Roneut · Jul 24, 2014

Rebelwon said:
Next question - would that AO be considered a concealed weapon if kept in the console in a car?

No. Because an AO is a "penknife" within the meaning of state law, it is exempt from all legal regulation in terms of carry, period. They can be sold, bartered, lent, gifted, transported, or carried in any way you wish, barring local county or city ordnance (which I have never found).

303_enfield · Jul 24, 2014

glistam said:
No. Because an AO is a "penknife" within the meaning of state law, it is exempt from all legal regulation in terms of carry, period. They can be sold, bartered, lent, gifted, transported, or carried in any way you wish, barring local county or city ordnance (which I have never found).

Don't bring them to Ocean City. They put an emergency ordnance banning them this year.http://mdcoastdispatch.com/2014/05/15/ocean-city-to-ban-sale-of-knives-laser-pointers-2/

Bohlieve410 · Jul 24, 2014

I've had no problems with my ZT Tanto in my limited interaction with law enforcement, including Bmore City and MoCo. Just remember, it's for utility purposes and NEVER self defense. And make sure the officer(s) knows that and that you have it on you.

assissted opening knives, legal?

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