Assisted opening legailty?

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    lukewonnacott

    Guest
    Are assisted opening knives treated as switchblades or manual folders under MD law? I can't find any concrete material on this, and the law itself doesn't seem to define the term "switchblade" at all, at least from what I can find.
     

    Qbeam

    Ultimate Member
    Apr 16, 2008
    6,074
    Georgia
    Ocean City has outlawed them (illegal to carry), don't know if possesion at home in Ocean City is included. Most everywhere else in MD is legal unless it is Federal or State buildings with detectors and posted signs.



    IANAL


    Q
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,232
    Carroll County
    My understanding is that assisted opening knives are legal in most places in Maryland.

    They are not legal in Baltimore City, or in Ocean City, I believe.

    Freddy Gray was arrested for possession of an assisted opening knife. You may remember the mayoress claimed the knife was legal, and that the arrest was thus Racist Oppression and a Crime Against Humanity, but she was wrong: the knife was illegal in the City.

    Perfectly legal in the Counties though.


    Comments from a knowledgeable MDS member:

    Here are your answers:

    1) Possession of a switchblade knife. When Mr. Gray ran at the sight of Police in a high crime area they possessed a reasonable articulable suspicion pursuant to Illinois v. Wardlow that Mr. Gray was involved in criminal activity and were entitled to pursue and detain Mr. Gray so that they could investigate and confirm or dispel said suspicion. Upon taking control of Mr. Gray they observed him to be in possession of a switchblade knife for which he was charged.

    2) ...

    3) Under Maryland Law assisted opening knives are not switchblades. Under Baltimore City Code, however, an assisted opening knife is illegal and is charged as a switchblade. This charge is reserved for career criminals and those who use said knives in the commission of their crimes. It's a charge used against those who simply don't get the message. Nobody employs this type of charge against a tax payer.


    ...


    But a warning regarding the bolded text: The same poster, PO2012 says (in a closed thread),

    ...The decision to arrest Freddie Gray was based upon Baltimore City Code 19 § 59-22 which states that carrying or possessing a knife "with an automatic spring or
    other device for opening and/or closing the blade" (italics mine) is illegal. Baltimore City Police Trainees are taught that this includes assisted opening knives and are specifically instructed by senior Assistant State's Attorneys to arrest anyone found in possession of such knives.

    https://www.mdshooters.com/showpost.php?p=3796062&postcount=239

    So whether a Baltimore City cop would actually arrest you or me for possession of an AO knife sounds like a matter for Officer Discretion.

    (We should all be very glad for that discretion. It is far preferable to zero tolerance policies.)
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    32,881
    To further repeat , AO legal under State Law, Balt City and Ocean City treat as Switchblade under respective City laws .

    Additionally , various counties have restrictions regarding minors and knives .

    And the second most common question/ misunderstanding about knives - State law has no restriction on blade length ( other than folding into the handle ) .
     

    1time

    Ultimate Member
    Apr 26, 2009
    2,258
    Baltimore, Md
    I don’t work in Baltimore City or Ocean City. I was in court last year and saw an officer I didn’t know discussing a case involving a “switch blade” that was very clearly an assist opening knife. Both the officer and states attorney were on board that it was a switch blade. I explained to them both that it was not a switchblade and explained the difference. I was leaving so I don’t know what they did with the case.

    The point is, it is very easy to have an officer and states attorney that truly believe what you have is a switchblade. They both seem like they open with a spring and I don’t believe most people understand how an AO knife works. Without a “knife expert” testifying or an attorney that is really good at explaining how it works to the judge, I can’t say how taking it to trial would work.

    I have given up on spring assist because I don’t ever want to deal with the hassle. Emerson Wave here. You can get $35 kershaws, spyderco, older benchmades or the real deal Ernie Emerson’s with the wave. Nothing is faster to get out.
     

    John from MD

    American Patriot
    MDS Supporter
    May 12, 2005
    22,731
    Socialist State of Maryland
    I have given up on spring assist because I don’t ever want to deal with the hassle. Emerson Wave here. You can get $35 kershaws said:
    +1 on the Emerson Wave. I have an original that I had spec'd out so that it would be legal in any country I would be traveling to . I can honestly say that they are fast to access and one of the strongest knives I have owned. I have cut through car doors, ammo cans, windshields and metal cabinets with it and it is still with me.

    That reminds me, I have to send it in for an overhaul - again. :rolleyes:
     

    Zorros

    Ultimate Member
    Dec 10, 2017
    1,407
    Metropolis
    If you think most police know the intracacies of the criminal statutes, well you would be wrong. If the police arrest you in good faith for what they believe to be a violation, too bad for you. Your lawyer will get the charges dismissed and it will cost you loss of freedom, time and money. Dumb it down to the lowest common denominator ( a swiss army knife?) or take a chance. My favorite police quote from a phone video taken at mckelden sq in balto city...” your constitutional rights have nothing to do with the law”. He appeared sincere. I am not knocking the police. They have a very hard job to do.
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Under MD state lay, a switchblade is defined as a knife that opens by way of hand pressure on a button. Hence an assisted opening (which opens by means of a "nudge" of the blade by a thumb stud) is not a switchblade under MD state law. As previously stated, in OC and Balti City assisted openers are classified differently and therefore illegal in those jurisdictions.
     

    ToneGrail

    MSI, NRA, & SAF Member
    Dec 18, 2008
    1,397
    Towson, People's Republik of MD
    I don’t work in Baltimore City or Ocean City. I was in court last year and saw an officer I didn’t know discussing a case involving a “switch blade” that was very clearly an assist opening knife. Both the officer and states attorney were on board that it was a switch blade. I explained to them both that it was not a switchblade and explained the difference. I was leaving so I don’t know what they did with the case.

    The point is, it is very easy to have an officer and states attorney that truly believe what you have is a switchblade. They both seem like they open with a spring and I don’t believe most people understand how an AO knife works. Without a “knife expert” testifying or an attorney that is really good at explaining how it works to the judge, I can’t say how taking it to trial would work.

    I have given up on spring assist because I don’t ever want to deal with the hassle. Emerson Wave here. You can get $35 kershaws, spyderco, older benchmades or the real deal Ernie Emerson’s with the wave. Nothing is faster to get out.

    Most non-assisted flipper knives are just as quick to open as assisted flipper knives. They pop open once you overcome the ball detent that keeps the blade closed. I don't even bother with assisted knives anymore because there is no practical difference between one and a non-assisted flipper other than legal issues.
     

    INMY01TA

    Ultimate Member
    Dec 29, 2008
    5,816
    Are switchblades legal to open carry? I believe the law says you can as long as you have no intent to harm another.
     

    AliasNeo07

    Ultimate Member
    Feb 12, 2009
    6,547
    MD
    Are switchblades legal to open carry? I believe the law says you can as long as you have no intent to harm another.

    I think so, but I was thinking about this the other day:

    How does one open carry a switchblade? I assume a pocket clip showing is not sufficient. What about a nylon sheath?

    I don't know. I've wondered this myself.
     

    Threeband

    The M1 Does My Talking
    MDS Supporter
    Dec 30, 2006
    25,232
    Carroll County
    No. My understanding is that true switchblades are illegal to carry everywhere in Maryland. It is legal to possess one at home, on your own property only.
     

    1time

    Ultimate Member
    Apr 26, 2009
    2,258
    Baltimore, Md
    No. My understanding is that true switchblades are illegal to carry everywhere in Maryland. It is legal to possess one at home, on your own property only.



    Looking at the charging language, a switchblade is considered a dangerous weapon. The charges are

    Cr14-101c1 which is wear and carry concealed on or about their person

    Cr14-101c2 which is openly wear and carry with the intent and purpose of causing injury to _____ in an unlawful manner

    Cr4-105a(1)(2) which is sell/barter/display/offer to sell/offer to barter a switchblade knife/shooting knife.

    That is all I see in the charging language (which must be written on the charging document).

    This is state laws, county/city code can be more strict.
     

    AliasNeo07

    Ultimate Member
    Feb 12, 2009
    6,547
    MD
    IANAL but as far as I know, legal everywhere but Baltimore and Ocean City.

    Not worth the risk for me though, for marginal benefits. YMMV
     

    Bikebreath

    R.I.P.
    MDS Supporter
    Jun 30, 2009
    14,836
    in the bowels of Baltimore
    Anyone know of a local shop that carries the Emerson Wave? I want one to replace my stainless steel Kershaw Zing.

    As a city resident I’ve felt the Zing isn’t that big of a deal. Yeah, illegal, but if a cop sees it he’s going to keep it and add it to his collection before he makes the fuss and have all the paperwork for a little knife. I have a very different attitude about being cavalier about a handgun.
     

    John from MD

    American Patriot
    MDS Supporter
    May 12, 2005
    22,731
    Socialist State of Maryland
    Anyone know of a local shop that carries the Emerson Wave? I want one to replace my stainless steel Kershaw Zing.

    As a city resident I’ve felt the Zing isn’t that big of a deal. Yeah, illegal, but if a cop sees it he’s going to keep it and add it to his collection before he makes the fuss and have all the paperwork for a little knife. I have a very different attitude about being cavalier about a handgun.

    I don no, remember what Freddy Gray's knife started? :innocent0
     

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