A warning on carrying spring-assisted knives.

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  • HardHatMan

    FBHO
    Jul 14, 2009
    5,473
    Virginia
    1262055260350.jpg
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    I understand the legally stopped part. But from what I bolded in MPDC post, it seems that he is taking weapons no matter the situation of the encounter.
    ie: If I stopped him and asked for a # for the nearest Tow company as my car just died. He may see my knife clipped inside my pocket and take it from me while he looked for the #. doesn't seem right.

    :sad20:
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    I mean thats what I try to do and actually most cops do the same thing. We also generally take penicls because guys can stab others in the eyes, CD's they are dangerous flying projectiles, IPODS because they are just going to get stolen anyway, smartphones because I don't want you video taping me, cars because civilians can't drive, the entire outter space solar system because it is a waste of government money, the god given rights of illegal aliens in this country. Police are also responsible for getting the Chapelle show cancelled, adding CA warning to mattresses, adding that damn safety switch to lighters, and police are 100% the reason those girls at hooters have to wear those stupid stockings and we can't see their real legs. OOH and DON'T YOU THINK ABOUT EATING CEREAL IN FRONT OF ME OR I WILL MASH YOUR FACE INTO THE MILK CUFF YOU AND TAKE THAT DAMN DANGEROUS SPOON.

    Did I leave anything else out that confiscate and violate rights?
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,503
    lets see....semi-useful post instead of speculating one way or the other....
    http://www.lexisnexis.com/hottopics/mdcode/
    CRIMINAL LAW
    TITLE 4. WEAPON CRIMES
    SUBTITLE 1. GENERAL PROVISIONS

    Md. CRIMINAL LAW Code Ann. § 4-101 (2011)

    § 4-101. Dangerous weapons


    (a) Definitions. --

    (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.
    (b) Exceptions for certain individuals. -- This section does not prohibit the following individuals from carrying a weapon:

    (1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

    (2) a special agent of a railroad;

    (3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

    (4) 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.

    (c) Prohibited. --

    (1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.
    (2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

    (3) (i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, Washington County, and Worcester County.

    (ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:

    1. on a bona fide hunting trip; or

    2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

    (d) Penalties. --

    (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

    (2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.

    It depends on the definition of a switchblade
    CRIMINAL LAW
    TITLE 4. WEAPON CRIMES
    SUBTITLE 1. GENERAL PROVISIONS

    Md. CRIMINAL LAW Code Ann. § 4-105 (2011)

    § 4-105. Transfer of switchblade or shooting knife


    (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; 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) Penalty. -- 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.

    So, if you're not allowed to carry a switchblade knife concealed, and the definition of "switchblade knife" is 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....thennnn i'd say there's a lot of interpretation as to whether or not a "spring assist" is a "switchblade". I'd like to see if there's caselaw that further defines "switchblade" in a more definate sense.

    If your benchmade was one similar to this.... http://www.knifecenter.com/item/BM9052BK/benchmade-a-f-o-ii-auto ...then yes, you pressed a button to release the blade and i could see it interpreted as a "switchblade". If it was more like this barrage http://www.knifecenter.com/item/BM583BK/benchmade-583bk-barrage-axis-assisted-3-6-inch ...then are you realllllllllly "applying pressure to a spring"? Makes the brain tickle.

    I do know that i'm just as fast opening my CRKT m16-13t with a carson-type flipper, or my SOG spec elite II by pulling back on the axis and flipping, or using the thumb stud as i am at opening my kershaws or even the front opening concord. However, this law may have you boned...depending on the interpretation of "switchblade"

    ...i read, but am not a lawyer so take this more as a question for the more knowledgeable folks than a proposed answer. I'm interested if basspro and most every other knife vender in maryland has been selling "illegal to conceal" knives all these years.
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    Smokey..........thank you for doing that as I did not have the time. Most of my earlier post were done by me on my phone at court. So this settles part of the debate but again I will bet my next paycheck that the OP's behavior or "unrelated incident" led to his arrest.
     

    11b10

    Member
    Jun 15, 2010
    99
    Union Bridge, MD
    All seemed well till he saw my Malco DK1 in my bucket.( Malco a manufacturer of HVAC tools,DK1 duct knife 1 6" double edged insulation knife) at which point he whacked out and I feared for my life much like the Ohio CCW encounter. He also felt the need to charge me with the steel bar used to knock out the concrete forms from riser shafts. He seemed convinced I was using drugs or up to no good instead of wetting a line after work and my tool bucket was his excuse to trash my truck. After going through all the trouble of cuffing me and putting me in his car he was taking me in for something. Disturb the doughnut your going to jail.

    Lets review the Ohio ccw encounter: I agree the cop gets a little heavy in the end, but if you watch all 17 min. of it you will discover what provoked the response from the cop.

    Guy with ccw middle of night parks at known intersection for prostitution-
    known prostitute is standing outside car with male aquaintence and ccw driver inside- cops roll up they know known prostitute (never good) also ask male aquintance "i know you", have I arrested you? (really not good) It sounds like a one point male aquintance gives fake name- ccw driver tells cops he is looking to find a sweeping truck for a job, since he is a laid of sweep truck operator- (guess he never heard of a phone) so he is riding around with known prostitute and aquintence while looking for said truck, but he just happens to be parked at an intersection known for prostitution with the female outside the vehicle--- "does this sound like most peoples normal saturday night??? then he tells the cop he knows her from when he drove cabs-- and he is giving them a ride somewhere-- story changes-- (so while giving them a ride looking for said sweeping truck, the known prostitute needed some air outside the car that just happened to be known for prostitution- wow- )

    I will now break it down for you-- prostitute and her BF had no car needed ride to intersection for work-- CCW holder an "idiot" of epic proportions drove them there for 20% of nights profits and a blowjob/ (use of his car) People make choices all the time then you are the author of your own fate.. Most likely had "born to lose" tattoed on his arm. These are the people who can never figure out why they are behind the 8 ball and getting ****ed.. Oh and the cop said once or twice I am tired of seeing you out here" in reference to the prostitute, so if they are trying to clean the area up and you make a decision to drive her and hang out you most likely are going to have problems.. But people like him are to stupid to realize this..
     

    Bigdtc

    Ultimate Member
    BANNED!!!
    Dec 6, 2007
    6,673
    South Carolina
    lets see....semi-useful post instead of speculating one way or the other....
    http://www.lexisnexis.com/hottopics/mdcode/


    It depends on the definition of a switchblade


    So, if you're not allowed to carry a switchblade knife concealed, and the definition of "switchblade knife" is 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....thennnn i'd say there's a lot of interpretation as to whether or not a "spring assist" is a "switchblade". I'd like to see if there's caselaw that further defines "switchblade" in a more definate sense.

    If your benchmade was one similar to this.... http://www.knifecenter.com/item/BM9052BK/benchmade-a-f-o-ii-auto ...then yes, you pressed a button to release the blade and i could see it interpreted as a "switchblade". If it was more like this barrage http://www.knifecenter.com/item/BM583BK/benchmade-583bk-barrage-axis-assisted-3-6-inch ...then are you realllllllllly "applying pressure to a spring"? Makes the brain tickle.

    I do know that i'm just as fast opening my CRKT m16-13t with a carson-type flipper, or my SOG spec elite II by pulling back on the axis and flipping, or using the thumb stud as i am at opening my kershaws or even the front opening concord. However, this law may have you boned...depending on the interpretation of "switchblade"

    ...i read, but am not a lawyer so take this more as a question for the more knowledgeable folks than a proposed answer. I'm interested if basspro and most every other knife vender in maryland has been selling "illegal to conceal" knives all these years.

    Good post.
    Here is the caveat...
    "in the handle of the knife".. my "spring-assisted" blade that I carry has no button on the handle = not a switchblade....
     

    HardHatMan

    FBHO
    Jul 14, 2009
    5,473
    Virginia
    Lets review the Ohio ccw encounter: I agree the cop gets a little heavy in the end, but if you watch all 17 min. of it you will discover what provoked the response from the cop.

    Guy with ccw middle of night parks at known intersection for prostitution-
    known prostitute is standing outside car with male aquaintence and ccw driver inside- cops roll up they know known prostitute (never good) also ask male aquintance "i know you", have I arrested you? (really not good) It sounds like a one point male aquintance gives fake name- ccw driver tells cops he is looking to find a sweeping truck for a job, since he is a laid of sweep truck operator- (guess he never heard of a phone) so he is riding around with known prostitute and aquintence while looking for said truck, but he just happens to be parked at an intersection known for prostitution with the female outside the vehicle--- "does this sound like most peoples normal saturday night??? then he tells the cop he knows her from when he drove cabs-- and he is giving them a ride somewhere-- story changes-- (so while giving them a ride looking for said sweeping truck, the known prostitute needed some air outside the car that just happened to be known for prostitution- wow- )

    I will now break it down for you-- prostitute and her BF had no car needed ride to intersection for work-- CCW holder an "idiot" of epic proportions drove them there for 20% of nights profits and a blowjob/ (use of his car) People make choices all the time then you are the author of your own fate.. Most likely had "born to lose" tattoed on his arm. These are the people who can never figure out why they are behind the 8 ball and getting ****ed.. Oh and the cop said once or twice I am tired of seeing you out here" in reference to the prostitute, so if they are trying to clean the area up and you make a decision to drive her and hang out you most likely are going to have problems.. But people like him are to stupid to realize this..

    Just stop. The cop threatened to murder the guy he pulled over then told him his partner would cover for him. How the **** could you defend the actions of the cop in that video?
     

    StantonCree

    Watch your beer
    Jan 23, 2011
    23,932
    It could be worse, one could be in DC! Washington D.C. Pepper Spray Laws: Must register pepper spray possesion with local law enforcement

    No one enforces that so don't worry......just done act like a d ick when your wrong people are good at talking themselves into iron bracelets
     

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