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

[Amigo109]

I was about to buy a spring assist opening folding knife but I'm worried it migh make me a criminal. In MD, regarding weapons and self defense, you need to research just to make sure you're not breaking a stupid law.

As I understand, you cannot plan on using it for self defense (heaven forbid we should plan on not being a victim in MD). So, assuming it will be carried in the pocket 1. Is it legal in areas other than Bmore and Ocean City? 2. Does it have to have the po ket clip showing? 3. Is there an unambiguous definition of switch blade?

 

[Docster]

First, auto-opening and spring assisted are not the same by definition. On a forum you'll get dozens of answers and opinions but none better than "Searching" for a definitive source like these

https://www.bing.com/search?q=switchblade+knives+in+Maryland&PC=U316&FORM=CHROMN

 

[INMY01TA]

From my reading of the law (I am not a lawyer) it appears they are legal to carry as long as they aren’t concealed. Now does a pocket clip showing count as open carry I don’t know. I want an auto also but do not want to be a test subject.

 

[GrimReaper]

I wouldn't worry about it. The police aren't going to bother if your not a hoodlum or up to no good.

I carried a assisted opener in OC all week and zero fuks were given.

Sent from my SM-N950U using Tapatalk

 

[Roneut]

I've been researching knife laws and cataloging case law in the state of MD for about 15 years give or take. I provided some of that research to Knife Rights as part of their campaign.

Like the others said, a switchblade and a spring-assisted knife are considered two different things.

A true switchblade is any kind of auto-opening knife where the opening is activated via some kind of switch or lever located in the handle. This switch is separate from the blade and does not move with it. It is legal to own a true switchblade in the state of Maryland outside of Baltimore, Ocean City, or any other city where prohibited by local ordinance. However, it is illegal to sell or offer them for sale, and illegal to carry them concealed. The only way to lawfully obtain a true switchblade as a Maryland resident is to physically travel to another state, buy it there, and bring it back. They can technically be carried openly, but the definitions of concealment viewed in the context of a folding knife are not clear.

An assisted knife uses pressure on some part of the blade, such as a stud, tang, or hole, to activate its opening mechanism. It opens much like a non-spring assisted knife designed to open with one hand, just with a spring to provide extra movement. They are not considered switchblades in the Maryland except under Baltimore's and Ocean City's local codes. Outside those areas, they are considered "penknives," are an except from regulations on carrying weapons (with the exception of schools and restricted buildings). A penknife, under state law and upheld by caselaw, is any non-switchblade knife where the blade folds into the handle. MD State's Attorney Marilyn Mosby has declared in a public speech that an assisted opening knife are "not a switchblade, and is lawful under Maryland law."

Intent is not a function of any of these laws. If you have a switchblade concealed, you are violating the law. If it's not a switchblade but is a folding knife (and you're outside the aforementioned cities), you are not violating the law. A police officer who fails to comprehend this risks getting hauled into federal court and held liable.

 

[Boats]

The case law difference between an auto and spring assist is "bias towards closure". Meaning that when closing a spring assist knife, at a certain point the blade will cam past the spring tension and suck into the handle. An auto will not. This actually makes a little sense because the initial spring tension when the knife is closed will make an auto fly open, whereas a spring assist will not until the blade is moved (even slightly) towards opening.

 

[WeaponsCollector]

When I buy switchblades in Maryland I throw them into my pocket or put them in a bag. I'm not going to carry it around openly.

 

[ironpony]

I would like to think that showing any part of a firearm is considered open carry and therefore any part of a knife is open carry. My $.02

 

[Archangel]

My $0.02: Don't even bother with an assisted opener. Go for a knife with a wave opener instead.

1. "Pen knives," aka any folding knife without a switchblade, are specifically exempted from the "dangerous weapon" definition is COMAR. Since there is no spring in a wave opener, it is unequivocally a pen knife. With an assisted opener, even if it is technically legal, you run the risk of encountering someone less-informed, getting into a quibble over the subtle differences between "switchblade" and "assisted opener," etc.

2. When I tested both side by side, I found that wave openers were actually faster to deploy anyway.

 

[Tracker]

My $0.02: Don't even bother with an assisted opener. Go for a knife with a wave opener instead.

1. "Pen knives," aka any folding knife without a switchblade, are specifically exempted from the "dangerous weapon" definition is COMAR. Since there is no spring in a wave opener, it is unequivocally a pen knife. With an assisted opener, even if it is technically legal, you run the risk of encountering someone less-informed, getting into a quibble over the subtle differences between "switchblade" and "assisted opener," etc.

2. When I tested both side by side, I found that wave openers were actually faster to deploy anyway.

I'm not familiar with a wave opener but have been carrying assisted opening knives daily for 20 yrs. I Never had a single problem with police or coworkers complaining. I work in a large office building in Baltimore with security guards and filled with female employees. The knife stays clipped in my pocket until I need it to open a box a letter or cut up a piece of fruit etc.. I love spring assist not for cool factor but because I only need one hand to deploy it leaving the other to hold what I'm working on.

 

[SigZag]

I always find this issue confusing in Md. Lot of grey area as to how you can actually edc without worrying if you are in violation, though I don't think you'd ever be calling attention to yourself carrying one. The cool factor is neat but for my piece of mind I still carry a good ol' buck 110 in a belt sheath. Old school as shit I know but I can pop the snap grab the spine and with little effort the weight of the handle and bolsters snap that sucker right open. No one has ever said boo about that knife on my belt unless they already knew what it was. For the more mundane everyday tasks I use an otf husky razor pocket clip, easy peasy.

 

[Roneut]

I don't feel like there's really a grey area legally so much as the general uncertainty of a police officer's competence. Granted, when I've been reviewing case law and how knife cases happen, I have to conclude that if an officer is even having to determine if it's a switchblade, you've probably done something that deserves his attention in the first place.

That said, I generally don't like assisted openers for practical reasons. I like knowing where in physical space the sharp edge is at all times, so to speak, and a blade that moves by itself makes some part of me uneasy. I've been using manual one-handers for decades and so I think using an assisted opener and having it suddenly "jump" open probably feels unexpected after all that muscle memory.

 

[sleepingdino]

Glistam as articulated the legality very clearly. The confusion seems to be the enforcement policies of various jurisdictions and the risk of arrest. It seem prudent to avoid carrying a switchblade/auto knife and avoid criminal acts that will draw the attention of the police.

Otherwise, carry your folding knife concealed and keep your head on a swivel, especially in Baltimore City.

 

[Biggfoot44]

Just ask Freddy Gray .

 

[Bob A]

I have no fear carrying a folding knife; they're considered "pen knives" by MD law, no matter what size it is. However, a fixed blade can land you in a fair amount of trouble under the wrong set of circumstances.

"Automatic" knives are interesting, but again, carrying them can create issues. Then too, trusting the mechanism to work when you need it, and to remain closed when it needs to remain closed, is just too much of an issue for me. The more moving parts, the more potential problems.

 

[CurlyDave]

...That said, I generally don't like assisted openers for practical reasons. I like knowing where in physical space the sharp edge is at all times, so to speak, and a blade that moves by itself makes some part of me uneasy. I've been using manual one-handers for decades and so I think using an assisted opener and having it suddenly "jump" open probably feels unexpected after all that muscle memory.

+1

Having something in my pocket that can be accidentally activated by something else in there when I bend over and then cause a razor-sharp blade to suddenly spring open right next to my junk is always a bad idea...

 

[1time]

I've been researching knife laws and cataloging case law in the state of MD for about 15 years give or take. I provided some of that research to Knife Rights as part of their campaign.

Like the others said, a switchblade and a spring-assisted knife are considered two different things.

A true switchblade is any kind of auto-opening knife where the opening is activated via some kind of switch or lever located in the handle. This switch is separate from the blade and does not move with it. It is legal to own a true switchblade in the state of Maryland outside of Baltimore, Ocean City, or any other city where prohibited by local ordinance. However, it is illegal to sell or offer them for sale, and illegal to carry them concealed. The only way to lawfully obtain a true switchblade as a Maryland resident is to physically travel to another state, buy it there, and bring it back. They can technically be carried openly, but the definitions of concealment viewed in the context of a folding knife are not clear.

An assisted knife uses pressure on some part of the blade, such as a stud, tang, or hole, to activate its opening mechanism. It opens much like a non-spring assisted knife designed to open with one hand, just with a spring to provide extra movement. They are not considered switchblades in the Maryland except under Baltimore's and Ocean City's local codes. Outside those areas, they are considered "penknives," are an except from regulations on carrying weapons (with the exception of schools and restricted buildings). A penknife, under state law and upheld by caselaw, is any non-switchblade knife where the blade folds into the handle. MD State's Attorney Marilyn Mosby has declared in a public speech that an assisted opening knife are "not a switchblade, and is lawful under Maryland law."

Intent is not a function of any of these laws. If you have a switchblade concealed, you are violating the law. If it's not a switchblade but is a folding knife (and you're outside the aforementioned cities), you are not violating the law. A police officer who fails to comprehend this risks getting hauled into federal court and held liable.

That’s funny because the word “Intent” appears in the “may not carry openly” section of 4-101 Dangerous weapon section.

 

[omegared24]

My $0.02: Don't even bother with an assisted opener. Go for a knife with a wave opener instead.

I couldn't agree more. I've been carrying a wave (I have both Spyderco and Kershaw) and it is by far the fastest you can use.

Went fishing the other week and used it all day. Made my job easier when I needed to cut something. Bonus...the wave is a great bottle opener.

https://youtu.be/z1tUxkWrfAM

 

[ToneGrail]

I couldn't agree more. I've been carrying a wave (I have both Spyderco and Kershaw) and it is by far the fastest you can use.

Went fishing the other week and used it all day. Made my job easier when I needed to cut something. Bonus...the wave is a great bottle opener.

https://youtu.be/z1tUxkWrfAM

I have a Spyderco Endura Wave but after ruining a few pairs of jeans I reverted back to a manual one-handed opening Spyderco Tenacious. You can literally stick it in the dishwasher and it will be fine. Like a previous poster said, I'm not a fan of blades that open unintentionally or for that matter complicated moving parts that can malfunction. Also the blade shape of the Tenacious is much more utilitarian than the dagger like Endura.

I had a Kershaw Compound assisted opener but the torsion bar broke and since there was no blade detent hole, the blade swung freely while in my pocket...not a good thing. I have since replaced the torsion bar but retired the knife in favor of the Spyderco. I prefer to keep it simple.

 

[P-12 Norm]

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.