Pocket knife carry

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  • lee2

    Banned
    BANNED!!!
    Oct 8, 2007
    19,012
    So does a pocket knife have to be carried in your pocket to be legal in md?
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,173
    Two different questions.

    It is legal to carry however doesn't serve to consist the elements of an assault charge.

    We have also seen that in jurisdictions having local restrictions on , say, assisted openers , will treat the sight of a pocket clip as indicative of being said locally prohibited knife.
     

    torched02

    Rottie's Rule!
    May 6, 2013
    310
    The blade also needs to be with in the legal requirements in Maryland.......which is set by individual counties not the State. ie: The counties of Cambridge and Frederick MD. ban concealed carry if the blade is longer than 3"........Cheverly MD. is 2.5 and Laurel outlaws switchblades of all kinds. Check your local laws where you live but generally carrying a knife concealed has many more restrictions than open carry does. (MD. as a State) imposes no maximum blade length limit on knives that are open carried. FWIW......
     

    Roneut

    Active Member
    Oct 10, 2010
    279
    So does a pocket knife have to be carried in your pocket to be legal in md?

    The term is "pen knife" rather than "pocket knife" in state law. It means any folder that isn't a switchblade (Mackall v State), and you can carry it however you want because per state law, it doesn't actually count as a weapon. http://mgaleg.maryland.gov/2016RS/Statute_Web/gcr/4-101.pdf

    I would say it depends on which leo stops you and what his day has been like.

    No Sir. The courts have established that it is the LEO's responsibility to understand this law. Arrests for a folder lead to said LEO getting hauled into federal court on a false arrest suit: http://www.ca4.uscourts.gov/opinions/Unpublished/011565.U.pdf

    The blade also needs to be with in the legal requirements in Maryland.......which is set by individual counties not the State. ie: The counties of Cambridge and Frederick MD. ban concealed carry if the blade is longer than 3"........Cheverly MD. is 2.5 and Laurel outlaws switchblades of all kinds. Check your local laws where you live but generally carrying a knife concealed has many more restrictions than open carry does. (MD. as a State) imposes no maximum blade length limit on knives that are open carried. FWIW......

    Don't forget Baltimore and Ocean City where assisted openers are illegal.

    But by and large, most law on folders are rare, generally confined to cities, and enforced so rarely even some local LEO have never heard of them. Also there are some misconceptions. For example, in Cambridge the municipal code states it's only illegal to carry >3" "with intent to use it unlawfully against another," rather that outlawing mere carry itself. Otherwise all the hunters and fishermen in that area would be boned. Also Cambridge is a city, not a county, just saying because I have family there. When I went and checked the other municipal codes, I found that Frederick (both the county and the city), Cheverly and Laurel have no knife laws. Municode.com is a fantastic resource for finding (or disproving the existence of) local laws.
     

    torched02

    Rottie's Rule!
    May 6, 2013
    310
    The term is "pen knife" rather than "pocket knife" in state law. It means any folder that isn't a switchblade (Mackall v State), and you can carry it however you want because per state law, it doesn't actually count as a weapon. http://mgaleg.maryland.gov/2016RS/Statute_Web/gcr/4-101.pdf



    No Sir. The courts have established that it is the LEO's responsibility to understand this law. Arrests for a folder lead to said LEO getting hauled into federal court on a false arrest suit: http://www.ca4.uscourts.gov/opinions/Unpublished/011565.U.pdf



    Don't forget Baltimore and Ocean City where assisted openers are illegal.

    But by and large, most law on folders are rare, generally confined to cities, and enforced so rarely even some local LEO have never heard of them. Also there are some misconceptions. For example, in Cambridge the municipal code states it's only illegal to carry >3" "with intent to use it unlawfully against another," rather that outlawing mere carry itself. Otherwise all the hunters and fishermen in that area would be boned. Also Cambridge is a city, not a county, just saying because I have family there. When I went and checked the other municipal codes, I found that Frederick (both the county and the city), Cheverly and Laurel have no knife laws. Municode.com is a fantastic resource for finding (or disproving the existence of) local laws.

    Maryland’s knife law situation is made more complicated by local ordinances. These frequently impose length limits on top of the state’s already fairly comprehensive limitations. Both Cambridge, MD and Frederick, MD ban concealed carry if the blade is longer than 3”, while Cheverly, MD sets the length at 2.5”. Laurel, MD outlaws switchblades entirely, even for ownership. This checkerboard of conflicting rules could present difficulties to knife owners who frequently move around the state while carrying.

    Guess you missed a page in your overly extensive Knife research.........Everyone is an expert. :lol:
     

    Roneut

    Active Member
    Oct 10, 2010
    279
    Maryland’s knife law situation is made more complicated by local ordinances. These frequently impose length limits on top of the state’s already fairly comprehensive limitations. Both Cambridge, MD and Frederick, MD ban concealed carry if the blade is longer than 3”, while Cheverly, MD sets the length at 2.5”. Laurel, MD outlaws switchblades entirely, even for ownership. This checkerboard of conflicting rules could present difficulties to knife owners who frequently move around the state while carrying.

    Guess you missed a page in your overly extensive Knife research.........Everyone is an expert. :lol:
    I don't follow. I looked up each of those municipal codes and did not see these laws. If what you say is true, can you provide a link?
     

    highli99

    Ultimate Member
    Nov 10, 2015
    2,551
    West Side
    Thank God we have these complicated restrictions. If not I'm sure society would devolve into a giant folding knife fight club.
     

    torched02

    Rottie's Rule!
    May 6, 2013
    310
    I don't follow. I looked up each of those municipal codes and did not see these laws. If what you say is true, can you provide a link?

    Sure Inspector Gadget.........www.knifeden.com

    The article that I referenced is dated July 23, 2015, Not sure how Smokey can cite a code that says it is "not a law anymore" when it is dated 3 years prior to the article that I provided.

    Personally I don't really care what the law states as I don't carry a knife for protection or otherwise.......Why bring a knife to a gun fight,

    Secondly if your going to make the statement that certain counties, cities or munis.... "Have no knife laws at all" (your quote), you better be darn sure that is true when some unsuspecting MDS'er that read your extensively researched post gets jacked up and jailed for carrying a 3.5in folder in his/her pocket.
     

    Roneut

    Active Member
    Oct 10, 2010
    279

    Thanks, that explains why it was out there at least. I'm guessing the knifeden.com article was drawing from that handgunlaw.us PDF file that is still very popular, but hasn't been updated in a while. I just sent them a list of references for the municipal laws, since they do ask that you send in corrections. I'll see what they say. I understand that I could be wrong and that someone could get in trouble, but I have to balance that with combating rumors of laws that don't exist, because they infringe on the freedom of well-meaning people. Somebody has to at least question it, or the rumor just lives on.
     
    Last edited:

    smokey

    2A TEACHER
    Jan 31, 2008
    31,509
    Sure Inspector Gadget.........www.knifeden.com

    The article that I referenced is dated July 23, 2015, Not sure how Smokey can cite a code that says it is "not a law anymore" when it is dated 3 years prior to the article that I provided.

    Personally I don't really care what the law states as I don't carry a knife for protection or otherwise.......Why bring a knife to a gun fight,

    Secondly if your going to make the statement that certain counties, cities or munis.... "Have no knife laws at all" (your quote), you better be darn sure that is true when some unsuspecting MDS'er that read your extensively researched post gets jacked up and jailed for carrying a 3.5in folder in his/her pocket.

    Articles are not as valid as codified law that I cited straight from cheverly's Web page. I'm sure you can find an article (probably by Chad) saying the dildAR is the finest home defense rifle of all time... go to the source of the law for the truth.
     

    Gary Slider

    Active Member
    Feb 15, 2009
    121
    glistam, Thank you. The site will not be updated for 5 or 6 days as I just updated it. But thank you for the info and especially the links that took me right to what I needed to see. Very much appreciated.
     

    Biggfoot44

    Ultimate Member
    Aug 2, 2009
    33,173
    Is that the six sided AR ?

    But back on knives; Even if folding knives have no place in your defensive strategy, they are very important to always keep at hand if only for the utility and occasional rescue value.
     

    smokey

    2A TEACHER
    Jan 31, 2008
    31,509
    Is that the six sided AR ?

    But back on knives; Even if folding knives have no place in your defensive strategy, they are very important to always keep at hand if only for the utility and occasional rescue value.


    ;-)
     

    Minuteman

    Member
    BANNED!!!
    Thx glistam, good poop!

    Also, CCW permit holder is exempt from restrictions on carrying "weapons", I.e fixed blade knives (Bowie, dirk or otherwise). Just a reminder. Another good reason to get your gun permit, even if you choose to never carry a gun.
     

    Minuteman

    Member
    BANNED!!!
    There was a bill proposed recently in Maryland, I think last General Assembly, that would have made a knife preemption, like we have for guns. So some nanny city or county council couldn't make up some new bs law, only state law would apply.

    Of all the goofy laws we have in Maryland, the state knife laws are generally pretty good. Most hinges on intent, and if knife actually used in a crime it's a big deal, but mere possession, especially of a pen knife (any folding knife), is good.
     

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