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Old January 16th, 2021, 08:53 AM #1
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AUTOMATICS LEGAL WITH WEAR & CARRY ?

Just wondering if anyone knows if itís legal to carry automatics, OTF, neck knives, etc. in Maryland if you have a wear & carry permit? Thank you.
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Old January 16th, 2021, 10:05 PM #2
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If you have a wear and carry permit, yes it is legal. With caveats.

Having a permit makes you functionally exempt from CR 4-101's prohibitions. This is the law that normally makes concealed carry of some knives illegal.
However, a permit does not make you exempt from CR 4-102 (carry on K-12 school grounds), nor has any effect on local ordinances (which are fairly rare) unless those ordinance contain the their own exception language. A permit also does not make it legal for a knife merchant to sell you an automatic, either under state (4-105) or federal law.

A wear and carry permit is not necessary to legally carry a neck knife openly, or a non-spring-loaded OTF knife.
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Old January 17th, 2021, 10:40 AM #3
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Quote:
Originally Posted by glistam View Post

A wear and carry permit is not necessary to legally carry a neck knife openly, or a non-spring-loaded OTF knife.
I haven't looked, but isn't a non spring loaded OTF knife a "gravity knife" and are prohibited?
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Old January 17th, 2021, 10:46 AM #4
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And auto-knife is considered a concealed weapon so carrying one on a permit is too legal . I carry mine at times

I want to say that is what i was told by someone smarter then i . Please ask for legal advice , don't count on free advice
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Old January 17th, 2021, 11:23 AM #5
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DTA when it comes to laws. Look at the actual law:
Maryland Criminal Law 4-101 States:

(b) This section does not prohibit the following individuals from carrying a weapon:


(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer’s official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator’s official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or
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Old January 17th, 2021, 12:15 PM #6
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I carry an auto simply because of this provision in the law...
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Old January 17th, 2021, 12:48 PM #7
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I’ve never been clear in the difference in an auto and assisted knife. I usually carry a ZT 0566cf which is labeled as “assisted”. When folded, part of the blade protrudes from the back of the knife, and when pulled with the index finger, a flat spring assists with the opening of the blade. How does MD classify that? Mine has the carbon fiber vs black handle shown. Thanks


https://youtu.be/dQtSj3lFILM
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Old January 17th, 2021, 04:11 PM #8
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Quote:
Originally Posted by Blaster229 View Post
I haven't looked, but isn't a non spring loaded OTF knife a "gravity knife" and are prohibited?
No, because gravity knives are not part of the law in Maryland. They're not in the statute nor in any case law I can find for this state. There's an very old one I've lost track of, but it's superseded by Mackall, which was in the late 1970s and established the penknife exemption.

Technically any utility knife with a extending/retracting blade like you get at hardware stores is an OTF knife.

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I’ve never been clear in the difference in an auto and assisted knife. I usually carry a ZT 0566cf which is labeled as “assisted”. When folded, part of the blade protrudes from the back of the knife, and when pulled with the index finger, a flat spring assists with the opening of the blade. How does MD classify that? Mine has the carbon fiber vs black handle shown. Thanks
That's an assisted opener. Autos by federal and state law have to have some kind of switch/lever/slider that is separate from the blade itself.

Last edited by glistam; January 17th, 2021 at 05:26 PM.
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Old January 18th, 2021, 06:04 PM #9
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The switchblade laws are outdated and nonsensical especially with the introduction of assisted opening knives that open just as fast as many auto knives. What difference does it really make whether a knife can be opened one handed with a flipper attached to the blade or a button in the handle?
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Old February 3rd, 2021, 11:35 AM #10
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Automatic knives are illegal to carry concealed absent a W&C permit. That said, they are legal to carry "open" as long as done without specific intent to cause harm to another.

Last edited by KIBarrister; February 3rd, 2021 at 12:51 PM. Reason: Thanks to KevinK
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