Are auto-opening knives legal in MD (not OC or Bmore)

I carry an automatic Spyderco. You can carry an auto knife if you have a carry permit.

teratos said:

I carry an automatic Spyderco. You can carry an auto knife if you have a carry permit.

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I know this is correct... but does anyone know if you can carry an auto knife in Baltimore or OC if you have a carry permit, or are these places still verboten?

I believe with a permit, fixed blades are also legal in MD. ?

teratos said:

I carry an automatic Spyderco. You can carry an auto knife if you have a carry permit.

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Or if you don't have a carry permit.

See the post below.

P-12 Norm said:

Back in the 1970's there was controversy as to whether carrying a Buck 110 in a belt sheath was concealing a weapon, as "lockblade" knives were under attack as "weapons". Not sure when they COMAR was updated, but the clarification of what constitutes concealment was clarified, and an auto-knife that clips in a pocket is NOT considered to be concealed. If it is down IN your pocket with no part exposed, it is.
I currently have several auto-knives I carry, although I also carry manual one handed opening knives, as well.
Knives are great tools, and like guns, something that should always be readily at hand.

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^^This

There's a Maryland case that held a pocket clip is 'common knowledge' the person has a knife, thus not concealed.

Doesn't mean it may not be confiscated, but one should ultimately prevail, though it may be costly.

Doctor_M said:

I know this is correct... but does anyone know if you can carry an auto knife in Baltimore or OC if you have a carry permit, or are these places still verboten?

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It looks like there is no state-level pre-emption for knife laws. A quick google for Baltimore yields City code 59-22:

It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring or other device for opening and/or closing the blade, commonly known as a switch-blade knife.

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There doesn't seem to be any exemption for State-issued W&C holders.

Found an interesting article on this situation which hit the news back in 2015 related to Freddie Gray: https://baltimore.cbslocal.com/2015/05/18/varying-knife-laws-can-confuse-across-state-local-lines/

It sounds like we need a Freddie Gray law that codifies state-level pre-emption. I wouldn't be surprised to learn that this issue disproportionately affects minorities as well.

That's kind of what I thought. Thank you for confirming.

teratos said:

I carry an automatic Spyderco. You can carry an auto knife if you have a carry permit.

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MSP said I don't get a carry permit....i would shoot my eye out

eruby said:

There's a Maryland case that held a pocket clip is 'common knowledge' the person has a knife, thus not concealed.

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I'd like a citation for that if you have it. I collect case law on knives on my site, and as of this writing don't have one that addresses pocket clips. Of course, if there is no citation, then this claim must be treated as suspect.

Switchblade knife laws are obsolete. That doesn't mean they're not enforced where applicable. It's just that they've been overtaken by technology.

Cold Steel (no relation) and other good knife makers, for example, have designed many good knives that are at least as fast and many times faster and more efficient than any switchblade. Better steel. Better lockup. And far better suited for self defense. And whether or not they're used for self defense is really something that can't be proven in court (unless you're one of these people who talk about how they're going to carve up bad guys like a Thanksgiving turkey if they “mess” with you or your loved ones).

I carry knives as a matter of course. And on the one day I didn't take it with me, I was accosted by two large retrievers while walking home from work. Clearly they were owned, and for some reason they were looking for trouble. When I instinctively reached for my 5-inch tanto, it wasn't there. The only thing I has was a book bag with almost nothing in it. So I removed it as these dogs came at me in two directions. I then remembered that when dogs do attack, one's the dominant and the other tales the lead of the first, and that's exactly what they were doing. And the larger of the two was calling the shots. So I ignored the second and hoped I could bluff the first with my small backpack.

And it worked. I took an aggressive stance and it retreated, and the second didn't close the gap. When the first retreated, so did the second. It's important to say at this point that I was not misreading these dogs. They clearly were up to no good and, had I not been able to bluff the first, both would have been a problem.

Back in 1973, in Marietta, California, I was attacked and badly bitten by a Doberman. I didn't want me to be a repeat. It was in the desert and I was a military dependent at the time. I went to a nearby military base and got a tetanus shot. Then I arranged to have the dog incarcerated for rabies observation.

So I kicked myself for not having my knife. The 5-inch knife I had was a Maxam $6 knife. I worked at NIH at the time, so if I had to go on campus, I knew I couldn't go through the metal detector. So I'd plant the knife at the bottom of a bush and then retrieve it later before walking home.

Anyway, from then on, I had my knife, and now that I'm old enough not to give a damn what they think my intentions might be, I carry it whenever I go out.

The last thing I want now is to be caught again with no means to defend myself. And when in mixed company with people who want to disarm the public, I just agree. Then I tell them I'm for disarming the police, and the military. Can't have wars if your military doesn't have guns, grenades, missiles and such. And if the public don't need guns, neither do cops. How many uniformed cops are robbed or beaten up? Almost none. They clearly don't need 'em. The only time they use them is if they're the aggressors, so let them try to talk their way out of being victims like the rest of us, and see how that works out for 'em.

They can always try carrying a knife!

..

Just to make things clear as mud, here are my lever-auto Predators from Mikov... 3 3/4" dagger blades w/1 false edge, double bolsters and leather belt holsters, one w/buffalo horn scales and the other w/stag horn scales.

They are autos with simulated double-edge dagger blades but are not concealed in their belt holsters.

lets make this thread really muddy and throw in MD law on a neck knife. That is my knife of choice. Legal to carry if exposed. Illegal if concealed. Great way to draw unwanted attention to yourself. Let's just face it MD sucks!

Just don't carry a ghost knife lol

JKM525 said:

Spring assisted is legal, auto-open like a switchblade is illegal

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Owning is 100% legal.

Carrying is the gray area.

So what I'm reading is that owning an auto is 100% legal. Open carrying an auto is 100% legal as long as your intent for carrying is not to harm another person.

"Open carry" has some grey area. Appears that there is case precedent that points to having a knife clipped in your pocket with the clip exposed (the only way I really carry) meets the definition of "open" carry.

I have autos that I'd like to carry but am obviously worried about being that test case no one wants to be so I have some very nice/expensive knives just sitting in the house.

What's interesting is that I feel like a visible pouch/sheath with the knife in it (to constitute open carry) could almost be considered more concealed than just having it in your pocket since the knife is more covered.

Sigh with these stupid MD laws...

We're not that bad in MD. There's 10 states in the US where you can't even own them, and many states that have more restrictions on knife carry in general.
I have some optimism because Knife Right has succeeded in getting many, many state laws changed over the past couple of years. Maybe we'll be next. I'd be happy if they just unequivocally made fixed blades legal for concealed carry. Change "penknife" to "knife" in 4-101.

P-12 Norm said:

Back in the 1970's there was controversy as to whether carrying a Buck 110 in a belt sheath was concealing a weapon, as "lockblade" knives were under attack as "weapons". Not sure when they COMAR was updated, but the clarification of what constitutes concealment was clarified, and an auto-knife that clips in a pocket is NOT considered to be concealed. If it is down IN your pocket with no part exposed, it is.
I currently have several auto-knives I carry, although I also carry manual one handed opening knives, as well.
Knives are great tools, and like guns, something that should always be readily at hand.

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^^^Yup

(not that I ever gave a chit about legalities if carrying knives)

Are auto-opening knives legal in MD

Don't know & don't care...

I have carried one every day (except for in police stations, airports & courthouses) for at least 25 years...

The knife is clipped to my right front pocket, so the clip is clearly visible...

I have been around Policemen & no one has ever said a thing...

Same at Work, in Stores & in Banks...

My best guess it that a cop "might" confiscate it if he had an issue with it, but I doubt that I would be arrested unless I had it out of my pocket & acting stupid...

Folding knives are ok to conceal. It's the straight knives that you cannot conceal.
[EDIT] And even then, if your job requires it, or, you have a CCW, ypu are exempt.

calicojack said:

Folding knives are ok to conceal. It's the straight knives that you cannot conceal.
[EDIT] And even then, if your job requires it, or, you have a CCW, ypu are exempt.

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Oh, there's a question I've seen a few times recently - does a MD Wear & Carry Permit in fact authorize carrying things other than pistols? The language MSP is using seems to be all focused on the *handgun* permit, so I'm a bit unsure.

Will that be in the statute, or in MSP operational orders regarding enforcement? Or is there some case law history here?

echo6mike said:

Oh, there's a question I've seen a few times recently - does a MD Wear & Carry Permit in fact authorize carrying things other than pistols? The language MSP is using seems to be all focused on the *handgun* permit, so I'm a bit unsure.

Will that be in the statute, or in MSP operational orders regarding enforcement? Or is there some case law history here?

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It's part of the knife statute, CR 4-101. One of the exemptions is:

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

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This text effectively exempts permit holders from the entire carry statute.

There is no exemption for needing a knife for your job unless it's some kind of law enforcement.