Legal Question: Fixed Blade Carry at Home

Veblen · Aug 22, 2020

Does the ban on concealed carry of fixed blades ("bowie knives") extend through personal private property (e.g., own personal residence, own back yard)?

Am I required to open carry my fixed blade buck knife while grilling in my back yard? I have to ask...it is Maryland.

{{Md. Code, CR § 4-101(C). Because they are classified as dangerous weapons by statute, only switchblades, dirks, bowie knives, razors, and star knives are illegal to carry concealed in Maryland.}}

Boats · Aug 22, 2020

If you are on your own property, you can carry whatever you want...concealed or open...so long as it is legal to own.

IANAL.

That said, unlike the handgun law, there is no provision in the dangerous weapon law for private property. The only provision is
" 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. "

IMHO: not being able to cut something that needs cutting is a "reasonable precaution against apprehended danger".

Roneut · Aug 22, 2020

The statute doesn't distinguish between public and one's private property for non-firearm weapons. There have been several cases, discussed at length in Chilcoat v State, of people convicted under this statute of carrying openly with intent to injure, though most are contentious and the case specifically illustrates that mere carry during an assault does not also mean a violation of this statute. There was one case that I cannot remember enough detail to find, but involved a concealed knife on a person who was at his residence. But here is the important part: He was a convicted felon on parole and the police were there to speak with him because he'd violated it, and he was acting weird and tried to run away from them.

Which comes to my point: Why would the cops be there on your private property in the first place? It's good to know the law, but it's also important to understand circumstances where it would even come up. Police are not going to magically materialize next to you the moment you have a knife concealed, and concealed knives are almost always an excuse charge after the violation of another law, such as unwitnessed domestic violence. Furthermore, I know of at least one case where a person had concealed fixed blades while stopped for running a stop sign, and the court threw out the charge because he hadn't broken any other laws and they felt the charge was too petty and not worth the court's time.

willtill · Aug 22, 2020

Not only do we have BGOS in Maryland, we have BKOS too.... :sad20:

outrider58 · Aug 22, 2020

willtill said:
Not only do we have BGOS in Maryland, we have BKOS too....

Right?

rseymorejr · Aug 22, 2020

If I ever get to the point where I'm afraid to carry a sheath knife in my yard please somebody shoot me.

whistlersmother · Aug 22, 2020

rseymorejr said:
If I ever get to the point where I'm afraid to carry a sheath knife in my yard please somebody shoot me.

Will the sheath knife be offered as karma at that time?

outrider58 · Aug 22, 2020

whistlersmother said:
Will the sheath knife be offered as karma at that time?

Great idea. In!

Mitral · Aug 22, 2020

Bet the Karma on that Blade would be Bad
Even if ya passed the fingerprint blood dna and psych eval. For non kitchen knife ownership.over 2”
I’m sure a fed knife tax would also be involved.

Darkemp · Aug 22, 2020

Veblen said:
Does the ban on concealed carry of fixed blades ("bowie knives") extend through personal private property (e.g., own personal residence, own back yard)?

Am I required to open carry my fixed blade buck knife while grilling in my back yard? I have to ask...it is Maryland.

{{Md. Code, CR § 4-101(C). Because they are classified as dangerous weapons by statute, only switchblades, dirks, bowie knives, razors, and star knives are illegal to carry concealed in Maryland.}}

The only thing you can’t carry in your backyard is a bat'leth- only Klingon warriors are permitted to do that and they still have to renew their permit annually in Marylandistan.

GrimReaper · Aug 22, 2020

I really wouldnt worry about it. Weapon carry restrictions generally do not apply to your own property. I cannot see a police officer charging you for carrying a knife on your own property, even in montgomery county.

Concealed is Concealed. No one will know anyway, better off carrying it concealed in MoCo

Jed195 · Aug 22, 2020

The folding knife I carry everyday is longer than the KABAR I carried in the Marines. I don't wear a fixed blade knife while being in my yard but wouldn't have an issue with it either.

Legal Question: Fixed Blade Carry at Home

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