Switchblades in Maryland

Simon Yu · Oct 15, 2008

urbanwarrior said:
The Benchmade 3300 Infidel is a full auto stilleto, not a switchblade.

Technically the term applies to all automatic knives, not just Italian style automatic stilettos. Thanks to movies set in the 50's though, that style is what most people think of (it also makes discussing Medieval/Renaissance fixed blade stilettos a bit confusing at first).

Does anyone know if I would be able to go to PA or VA and get one? I am LEO and may possibly get someone to sell me one over the internet, but would rather just get my hands on one.

Looks like sale is illegal in PA and VA, though possession can be okay. West Virginia seems to allow sales if I'm reading things right.

Charybdis69 · Oct 16, 2008

SkItZiAnIsT said:
you can't have a switchblade, but you can have a 'semi-auto' knife. thats what i have and its just as fast as a switchblade, its spring assisted. you can pick one up @ the north pt. flea market in dundalk for about $10. they come in different sizes, i have the small one because the springs on the big one don't have a good power ratio.

thats is my knife, made by tiger, but mine is all black w/ a black synthetic handle, they also come in silver w/ a black synth. handle.

I have a spring assisted Kershaw shallot. It's just as fast.

But I wonder if this double edged knife is legal? I thought that double edged blades were not legal, unless that only applies to knives over a certain size. i.e. bowie knives. Just about every bowie knife I've seen has a "false edge" at the top of the blade. I was told that you could sharpen that edge, but then that knife would be "illegal" - more so than carrying around a 14"+ blade.

novus collectus · Oct 16, 2008

MD "dangerous weapons" section does not say anything about double edges and I doubt it is mentioned at all in the code.

Article - Criminal Law

§ 4-101.

(a) (1) In this section the following words have the meanings indicated.

(2) "Nunchaku" means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.

(3) (i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products.

(ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.

(4) "Star knife" means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.

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

(ii) "Weapon" does not include:

1. a handgun; or

2. a penknife without a switchblade.

§ 4-105.

(a) 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; or

(2) a device that is designed to propel a knife from a metal sheath by means of a high-compression ejector spring, commonly called a shooting knife.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 12 months or a fine of not less than $50 and not exceeding $500 or both.

Those are the only real mentions of knives I know of.

Simon Yu · Oct 16, 2008

novus collectus said:
MD "dangerous weapons" section does not say anything about double edges and I doubt it is mentioned at all in the code.

Those are the only real mentions of knives I know of.

"Dirk" is often used in legalese as a term for all daggers, not just what would technically be considered a dirk.

However, the knife SkiT posted is a single edged affair from the looks of it, a spear point blade with one side sharpened and the other side entirely a false edge. Spear points are a fairly common blade style, most don't have the false edge take up the entire opposite side of the edge though.

novus collectus · Oct 16, 2008

Simon Yu said:
"Dirk" is often used in legalese as a term for all daggers, not just what would technically be considered a dirk.

But a dirk has a fixed blade. Also the mention of a dirk is kinda repetive and a holdover of language from the initial 1860s concealed weapons law. Today it is generally illegal to carry any fixed blade knife concealed, dirk or not.

However, the knife SkiT posted is a single edged affair from the looks of it, a spear point blade with one side sharpened and the other side entirely a false edge. Spear points are a fairly common blade style, most don't have the false edge take up the entire opposite side of the edge though.

Sorry, I am not a knife guy so this is all I could read:

However, the knife SkiT posted is a single edged affair from the looks of it, a spear point blade with one side sharpened and the other side entirely a false edge. Spear points are a fairly common blade style, most don't have the false edge take up the entire opposite side of the edge though. [I have no idea what he is saying, but I want one ]

urbanwarrior · Oct 16, 2008

Well it looks like I'm off to WVA in the near future to try to find one of these bad boys. Thanks for the help.

Simon Yu · Oct 16, 2008

novus collectus said:
But a dirk has a fixed blade. Also the mention of a dirk is kinda repetive and a holdover of language from the initial 1860s concealed weapons law. Today it is generally illegal to carry any fixed blade knife concealed, dirk or not.

And technically a bowie knife has nothing to do with being a fixed blade either and refers to a specific blade shape that is sometimes found, albeit rarely, on folding knives. Doesn't stop the lawyers and legislators from using the term that way.

novus collectus · Oct 16, 2008

Simon Yu said:
And technically a bowie knife has nothing to do with being a fixed blade either and refers to a specific blade shape that is sometimes found, albeit rarely, on folding knives. Doesn't stop the lawyers and legislators from using the term that way.

As I see it, yes, it would stop them. The courts have said any non-switchblade folding knife is a pen knife.

Id. at 766. The Mackall court then discussed the definition of penknife:

"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.
Id. at 769 n.13 (emphasis added).
In short, the Maryland Court of
Appeals clearly defined penknife as any knife whose blade folds into
the handle.

http://pacer.ca4.uscourts.gov/opinion.pdf/011565.U.pdf

Simon Yu · Oct 16, 2008

novus collectus said:
As I see it, yes, it would stop them. The courts have said any non-switchblade folding knife is a pen knife.

I was referring more to how they use bowie knife as a term for fixed blades in general, despite it not being an accurate description. I somehow doubt that pointing out I'm carrying a fixed blade tanto/aiguichi/jambiya/kris/stiletto/karambit/khukri/any number of other blade types I am horribly mispelling right now due to laziness and medicine concealed would get me out of trouble if caught.

novus collectus · Oct 16, 2008

Simon Yu said:
I was referring more to how they use bowie knife as a term for fixed blades in general, despite it not being an accurate description. I somehow doubt that pointing out I'm carrying a fixed blade tanto/aiguichi/jambiya/kris/stiletto/karambit/khukri/any number of other blade types I am horribly mispelling right now due to laziness and medicine concealed would get me out of trouble if caught.

Concealed it does not matter what kind of non-penknife it is because the statute says a dangerous weapon "of any kind" concealed is prohibitted. The courts have ruled a piece of wire is a concealed deadly weapon that was in a pocket (it was used as a garrote).

mikec · Oct 17, 2008

urbanwarrior said:
The Benchmade 3300 Infidel is a full auto stilleto, not a switchblade. Does anyone know if I would be able to go to PA or VA and get one? I am LEO and may possibly get someone to sell me one over the internet, but would rather just get my hands on one.

Knife Center in College Park has them: http://www.knifecenter.com/kc_new/store_store.html?ttl=Benchmade%20Automatic%20Openers&srch=eqWWWCAT_2datarq%3Dauto%26eqCATE%20CODEdatarq%3Dbm

Not sure if they are a stocked item or what. I have bought from them and have been pleased. (just not an automatic knife.)

JasonMD85 · Oct 29, 2008

I had one before. I found a fully automatic Benchmade that I fell in love with and bought. I asked a police officer one day about the legalities of it. He told me it was okay to own, as long as I don't carry it. He also said most LEOs wouldn't give me any crap for it unless I was already being arrested for something, or the LEO wanted a nice new knife. Then he offered to buy it

So, from what I can tell, you can buy them here, and you can own them, but you can't carry em. Kinda like a handgun.

novus collectus · Nov 9, 2008

JasonMD85 said:
I had one before. I found a fully automatic Benchmade that I fell in love with and bought. I asked a police officer one day about the legalities of it. He told me it was okay to own, as long as I don't carry it. He also said most LEOs wouldn't give me any crap for it unless I was already being arrested for something, or the LEO wanted a nice new knife. Then he offered to buy it

So, from what I can tell, you can buy them here, and you can own them, but you can't carry em. Kinda like a handgun.

I think cops can buy them, but civillians cannot.

boothdoc · Nov 11, 2008

I bought this at the last gun show. They told me it was legal and I went to the Westminster State Police barracks and was told they are legal. Nice unit.

repair-man · Nov 12, 2008

boothdoc said:
I bought this at the last gun show. They told me it was legal and I went to the Westminster State Police barracks and was told they are legal. Nice unit.

What model is that?

Trumpet · Nov 17, 2008

novus collectus said:
I think cops can buy them, but civillians cannot.

Not directed at you, but what a crock of shit. Cops are civilians.

Donnie Brasco · Nov 17, 2008

Before I started carrying a knife on me at all times again, I actually called and talked to one of the Sergeants here at the Annapolis police station about it.

He actually said that it is a bit of a Grey area when it comes to carrying a weapon in Maryland.

He told me that if I am carrying something that the blade should be no more than 3 inches long at the very longest and if I am carrying it to make sure that it has a clip and is visible otherwise I may run into trouble.

Also, he said not to carry anything into a public place like a bar or club, that is a no-no.

I had just acquired a Ken Onion Scallion and wanted to be sure I was in the clear before I got in trouble.
To be honest with you, one of these things is really pushing the envelope.
The law states that it can't be anything that has a mechanism in the handle that propels the blade by action of the finger.

But I still am carrying it

Funny thing,
He actually turned me on to this site to get more clarification.

Donnie Brasco · Nov 17, 2008

Yeah, only Law enforcement and military are supposed to be able to buy automatics anymore.

But I agree, Cops are civilians and some of them I don't trust anymore than anyone else

K Train · Nov 17, 2008

i'm thinking of selling one of my microtech troodons if someone is interested

novus collectus · Nov 17, 2008

Donnie Brasco said:
Before I started carrying a knife on me at all times again, I actually called and talked to one of the Sergeants here at the Annapolis police station about it.

He actually said that it is a bit of a Grey area when it comes to carrying a weapon in Maryland.

He told me that if I am carrying something that the blade should be no more than 3 inches long at the very longest and if I am carrying it to make sure that it has a clip and is visible otherwise I may run into trouble.

Also, he said not to carry anything into a public place like a bar or club, that is a no-no.

I had just acquired a Ken Onion Scallion and wanted to be sure I was in the clear before I got in trouble.
To be honest with you, one of these things is really pushing the envelope.
The law states that it can't be anything that has a mechanism in the handle that propels the blade by action of the finger.

But I still am carrying it

Funny thing,
He actually turned me on to this site to get more clarification.

Officer Hal Dalton perchance?

There are a lot of myths about knife law and many of them date back to the 80s and 90s. Since quite a while ago actually there was a determination that a folding blade of any length is legal and can be worn concealed open or closed.
A cop was even successfully sued over this once for false arrest in the past seven years or so.

Switchblades in Maryland

The #1 community for Gun Owners of the Northeast

Member Benefits:

Ultimate Member

Active Member

Banned

Ultimate Member

Banned

Member

Ultimate Member

Banned

Ultimate Member

Banned

Ultimate Member

Active Member

Banned

Ultimate Member

Attachments

Active Member

SCSC/NRA life member. MSI member

Member

Member

PARATROOPER

Banned

Users who are viewing this thread

Log in

Forum statistics