Help me understand legality of OTF knives

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  • NattyBoh

    Ultimate Member
    Jul 29, 2010
    2,030
    So I've always carried a folder and still do. My folders never had any spring assists etc. Now as many say the Microtech OTF is considered illegal for Joe Public to carry but not to own within the confines of his home.

    Typically these are called Automatics. Here lies the question: why are they considered as such? The use a spring for deployment like many Kershaw knives do?

    Reason I'm asking is that a dealer at the Harrisburg outdoor show was selling a Microtech knockoff ( looked damn good to be honest... ) But touted it as MD legal. He said it's considered legal and NOT a automatic because of its spring assist design and the fact that of something obstructs it's path when being deployed, it won't deploy. So if your hand is in front of it and it's deployed, it'll essentially just bounce off your skin and not deploy. It'll just sit there loose until you lock it closed and then deploy again.


    What's the thought on this? Any hard yay or nay evidence?
     

    Blkhawk870

    Active Member
    Nov 15, 2014
    370
    Baltimore County
    I've always been told that as long as the handle doesn't have a button then it's considered legal. All of the Kershaw knives I have just have the thumb stud with the spring assisted opening. Once you have a button or device on the handle to open the knife it becomes an automatic. I could be wrong but that's what I was taught.
     

    Wendigo

    Hungry
    Mar 31, 2013
    1,421
    Reisterstown
    I don't know about that specific knife, but MD considers any knife that opens by mechanical action, by push button or lever, to be a switchblade. Switchblades are legal to own and to carry(open carry). I believe they're legal to buy but not to sell. Spring assisted openers are not switchblades because you must begin to open the knife yourself by pushing on the blade, the spring only assists. Gravity knives, I'm actually not sure what category they fall into, but would be a knife that opens by gravity alone or centrifugal force after locking mechanism is released. Whether it's a side folder or "out the front" type knife doesn't make any difference, only how it works.
     

    Wendigo

    Hungry
    Mar 31, 2013
    1,421
    Reisterstown
    I've always been told that as long as the handle doesn't have a button then it's considered legal. All of the Kershaw knives I have just have the thumb stud with the spring assisted opening. Once you have a button or device on the handle to open the knife it becomes an automatic. I could be wrong but that's what I was taught.

    I was taught a lot of funny stuff about knife laws too. Then I went and looked up the actual laws myself and realized that pretty much everything that everyone told me was either made up or those folks must've believed the Boyscout's rules on knives was actual law. :)
     

    navycraig

    Ultimate Member
    Aug 3, 2009
    1,359
    St. Mary's
    I don't know about that specific knife, but MD considers any knife that opens by mechanical action, by push button or lever, to be a switchblade. Switchblades are legal to own and to carry(open carry). I believe they're legal to buy but not to sell. Spring assisted openers are not switchblades because you must begin to open the knife yourself by pushing on the blade, the spring only assists. Gravity knives, I'm actually not sure what category they fall into, but would be a knife that opens by gravity alone or centrifugal force after locking mechanism is released. Whether it's a side folder or "out the front" type knife doesn't make any difference, only how it works.

    I think this is generally correct, but as usual, be careful of where you are. IIRC, spring assist knives are not allowed in Baltimore and Howard counties.
     

    NattyBoh

    Ultimate Member
    Jul 29, 2010
    2,030
    I don't know about that specific knife, but MD considers any knife that opens by mechanical action, by push button or lever, to be a switchblade. Switchblades are legal to own and to carry(open carry). I believe they're legal to buy but not to sell. Spring assisted openers are not switchblades because you must begin to open the knife yourself by pushing on the blade, the spring only assists. Gravity knives, I'm actually not sure what category they fall into, but would be a knife that opens by gravity alone or centrifugal force after locking mechanism is released. Whether it's a side folder or "out the front" type knife doesn't make any difference, only how it works.
    What's considered open carry, the pocket clip showing?

    Do you have a copy of that law? Or a link I should say
     

    Wendigo

    Hungry
    Mar 31, 2013
    1,421
    Reisterstown
    What's considered open carry, the pocket clip showing?

    Do you have a copy of that law? Or a link I should say
    http://mgaleg.maryland.gov/webmga/f...on=4-101&ext=html&session=2017RS&tab=subject5

    My understanding of open carry is that a reasonable person would recognize it as a knife and/or you are making no attempt to conceal it. I don't think MD has a definition of "open carry" so you would have to go by case law. I carry a fixed blade every day, and have for years, and have never had any issue. I also don't make any attempt to conceal it and it's obvious that it's a knife.

    If I was to carry the knife your talking about, I would clip it to my belt or pocket with the knife on the outside and feel confident about being within the law.
     

    Roneut

    Active Member
    Oct 10, 2010
    279
    http://mgaleg.maryland.gov/webmga/f...on=4-101&ext=html&session=2017RS&tab=subject5

    My understanding of open carry is that a reasonable person would recognize it as a knife and/or you are making no attempt to conceal it. I don't think MD has a definition of "open carry" so you would have to go by case law. I carry a fixed blade every day, and have for years, and have never had any issue. I also don't make any attempt to conceal it and it's obvious that it's a knife.

    If I was to carry the knife your talking about, I would clip it to my belt or pocket with the knife on the outside and feel confident about being within the law.

    Switchblades are defined under 4-105, which is also the [mostly unenforced] sale ban:
    http://mgaleg.maryland.gov/webmga/f...on=4-105&ext=html&session=2017RS&tab=subject5
     

    zoostation

    , ,
    Moderator
    Jan 28, 2007
    22,857
    Abingdon
    While a little gray I think that since the law defines hand pressure on a button, spring "or other device" to automatically open to be a switchblade, most all OTF's I have seen would be banned from sale since they have a sliding switch on them, regardless of what the marketing says. It also does not help that most manufacturers also consider and call their OTF knives automatics, a lot of them have it printed right on the box. Assist knives should be fine as mentioned except in cHarm City and OC AFAIK.

    §4–105.
    (a) 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) 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.
    [Previous][Next]]
     

    j_h_smith

    Ultimate Member
    Jul 28, 2007
    28,516
    Are these spring assisted knives to be considered like the 30 round mag? Meaning that you can't buy it in Maryland because they are illegal to sell in Maryland. BUT can you carry in Maryland (not in some localities) and it would be considered legal without any ramifications?

    That code only talks about the sale of such knife. There is nothing I see that describes what the law is in regard to carrying the same knife in Maryland.

    Confused..... as usual.
     

    sturmgewehr44

    Member
    Sep 13, 2009
    7
    Worcestor County
    It sure seems like the 30 mag deal. I’m from PA and find it odd that MD will allow ownership of automatic knives but has a stupid AWB. The AWB reminds me of the Clinton Ban where it’s just about the cosmetics of the Rifle.
     

    Roneut

    Active Member
    Oct 10, 2010
    279
    Are these spring assisted knives to be considered like the 30 round mag? Meaning that you can't buy it in Maryland because they are illegal to sell in Maryland. BUT can you carry in Maryland (not in some localities) and it would be considered legal without any ramifications?

    That code only talks about the sale of such knife. There is nothing I see that describes what the law is in regard to carrying the same knife in Maryland.

    Confused..... as usual.

    Yes, CR 4-105 only covers sale. But CR 4-101 covers carry. Long story short, 4-101 has no prohibitions against open carry of weapons* but does prohibit concealed carry of certain weapons, the switchblade being one named explicitly (but the penknife, which includes "assisted openers", being exempt.)
     

    ras_oscar

    Ultimate Member
    Apr 23, 2014
    1,666
    Are these spring assisted knives to be considered like the 30 round mag? Meaning that you can't buy it in Maryland because they are illegal to sell in Maryland. BUT can you carry in Maryland (not in some localities) and it would be considered legal without any ramifications?

    That code only talks about the sale of such knife. There is nothing I see that describes what the law is in regard to carrying the same knife in Maryland.

    Confused..... as usual.

    Based on nothing more than what my pedestrian brain says...

    If the Government makes illegal a thing formally legal , they are required to compensate persons being deprived of said thing. If the Government takes your home by imminent domain to build a bridge, they have to pay you fair market value. I don't think any state wants to be in the position of setting a price and buying an unknown number of items. It becomes a black hole, particularly if residents *can* travel to adjoining jurisdictions, purchase said item and return to "turn it in" at a profit.
     

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