carrying a knife

[cessnapilot]

I have a fixed blade hunting knife with about 4.25" blade. Can anyone tell me if it is legal to carry a knife like this either open or concealed?

 

[smokey]

It's been covered...but fixed blade=open carry. pen knife(folding) you can conceal, and there's no length restriction.

 

[smokey]

CRIMINAL LAW
TITLE 4. WEAPON CRIMES
SUBTITLE 1. GENERAL PROVISIONS

Md. CRIMINAL LAW Code Ann. § 4-101 (2012)

§ 4-101. Dangerous weapons


(a) Definitions. --

(1) In this section the following words have the meanings indicated.

(2) "Nunchaku" means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.

(3) (i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products.

(ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.

(4) "Star knife" means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.

(5) (i) "Weapon" includes a dirk knife, bowie knife(fixed blade), switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.
(ii) "Weapon" does not include:

1. a handgun; or

2. a penknife(folding knife) without a switchblade.

(b) Exceptions for certain individuals. -- 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

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(c) Prohibited. --

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

(3) (i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, Washington County, and Worcester County.

(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:

1. on a bona fide hunting trip; or

2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

(d) Penalties. --

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $ 1,000 or both.

(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.

this is the comar quote

 

[rico903]

Care to decipher this legal garbage for us? Is it illegal to carry pepper spray, and any knife? A hand gun is NOT a weapon?

 

[K31]

Care to decipher this legal garbage for us? Is it illegal to carry pepper spray, and any knife? A hand gun is NOT a weapon?

Two hot dogs tied together with dental floss == nunchucks.

 

[smokey]

Care to decipher this legal garbage for us? Is it illegal to carry pepper spray, and any knife? A hand gun is NOT a weapon?

handguns are covered here in a separate code.

CRIMINAL LAW
TITLE 4. WEAPON CRIMES
SUBTITLE 2. HANDGUNS

Md. CRIMINAL LAW Code Ann. § 4-203 (2012)

§ 4-203. Wearing, carrying, or transporting handgun


(a) Prohibited. --

(1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

(iii) violate item (i) or (ii) of this paragraph while on public school property in the State; or

(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) Exceptions. -- This section does not prohibit:

(1) the wearing, carrying, or transporting of a handgun by a person who is on active assignment engaged in law enforcement, is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person's official equipment, and is:

(i) a law enforcement official of the United States, the State, or a county or city of the State;

(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;

(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;

(iv) a correctional officer or warden of a correctional facility in the State;

(v) a sheriff or full-time assistant or deputy sheriff of the State; or

(vi) a temporary or part-time sheriff's deputy;

(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;

(ii) within the confines of the business establishment in which the supervisory employee is employed; and

(iii) when so authorized by the owner or manager of the business establishment;

(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or

(9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

(i) the handgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the handgun is being transported in accordance with the court order; and

(iii) the person transports the handgun directly to the law enforcement unit, barracks, or station.

(c) Penalty. --

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

(2) If the person has not previously been convicted under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 3 years or a fine of not less than $ 250 and not exceeding $ 2,500 or both; or

(ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

(3) (i) If the person has previously been convicted once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

(4) (i) If the person has previously been convicted more than once under this section, § 4-204 of this subtitle, or § 4-101 or § 4-102 of this title, or of any combination of these crimes:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

(ii) The court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

Knives- Can't conceal a fixed blade, can carry a folding knife concealed of any length

pepper spray- you can carry it, just not with the intent or purpose of injuring an individual in an unlawful manner.

handguns-Essentially, it's got to be unloaded and in an enclosed case or holster...and you've got to be on your way to or from a variety of places.

(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources-sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(5) the moving by a bona fide gun collector of part or all of the collector's gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;

(ii) within the confines of the business establishment in which the supervisory employee is employed; and

(iii) when so authorized by the owner or manager of the business establishment;

 

[Maverick0313]

It's been covered...but fixed blade=open carry. pen knife(folding) you can conceal, and there's no length restriction.

THIS I can understand. Thanks!

 

[Biggfoot44]

Md is Md , and few thing are ever unequivably explicitly allowed. The penknife exception IS one of them.

When you dig into the caselaw on the Dangerous Weapons statute it gets really murky , multiple standrds are seeming invented , and lots of them conflict each other.


The simple answer is to carry a folding knife as large as you care to carry.

 

[Minuteman]

Good review of the law; thx.

 

[Roneut]

In brief, any folding knife that is not a push-button or slider-switch enabled switchblade, no matter it's size or style, is legal for anyone to carry concealed or openly. Only exceptions are in K-12 schools or in local cites that have restrictions on them (which to my knowledge, there are none that apply to folders)

For fixed blades, it is legal to carry any type openly and in plain site. The following are known exceptions:
1. If you are under 18 and it is after sundown and you live in one of several named counties and you're not on a bona fide hunting or camping trip.
2. On school grounds
3. If the knife is carried with intent to use unlawfully against another. This particular part, in practice, is used for threatening/menacing behavior and as a tacked-on charge for assaults with a knife or other weapon.

The legality of concealed carry for fixed blades is probably best described as judged on a case-by-case basis and depends on many factors, including the style/type, stated intent of carry, and if the cop finding it is a bit on the anal-retentive side. I have not only read caselaw, but gathered info from encounters that did not result in arrest, and from arrests that were dismissed before trial. One example was a teacher who was stopped for running a stop sign and had two single-edged simple rustic fixed blades. He was compliant and stated they were for utilitarian use. He was given a written citation and let go. The judge dismissed the charge because it was really not in the interest of justice.

Based on this irregularity, it is obviously advisable to err on the side of caution and only carry openly.

 

[cessnapilot]

I'm sure open carry of a fixed blade knife would draw less attention then a firearm, but does anyone know how a LEO would react to someone open carrying (Baltimore or Carroll counties) a fixed blade knife?

 

[Roneut]

I'm sure open carry of a fixed blade knife would draw less attention then a firearm, but does anyone know how a LEO would react to someone open carrying (Baltimore or Carroll counties) a fixed blade knife?

If it's not concealed and there's no local ordinance, it's legal, period. Doesn't matter what the LEO's opinion of it is, but open carry always involves a level of risk based on context.

Open carry puts your knife into the social arena, and it's not just cops you have to worry about. If you enter a business or privately owned building, you CAN be told to leave by the manager or security. And you have to, or else you can be arrested for trespassing. If the manager is just a bit dumber, they might even call the cops about an "armed" person in their store. The cops themselves are unlikely to arrest you unless they're so thick they don't know the law (which happens), but expect an awkward conversation and smart remarks to follow.

If the carry of a knife "makes sense" socially with what you are doing at the time, it's far less of a problem. If your doing outdoors/wilderness activity like fishing, hiking etc nobody really cares. If you doing yard work or construction, and the knife isn't a "fighter" nobody really even notices. If you live in a particular town that just is rugged in general and most people there carry knives or are comfortable around them, that also is going to be far less of an issue. Appearance is also a factor. I once walked into sandwich shop with a Mora Clipper on my belt. I was also wearing jeans and boots, was covered in plaster dust and paint, had work gloves wedged in my belt and was carrying a hard hat. The cop eating lunch didn't even look twice. If I looked like a late teenage/early 20s punk with gang clothing and my knife was a trench dagger, I think I would get a completely different reaction.

 

[smokey]

I'm sure open carry of a fixed blade knife would draw less attention then a firearm, but does anyone know how a LEO would react to someone open carrying (Baltimore or Carroll counties) a fixed blade knife?

could just carry a BIG folder....

 

[cessnapilot]

Well I do landscaping and masonry work so the knife fits in with that kind of work.

 

[gunrunner]

I'm a contractor and I open carry a fixed blade everyday. I also work for alot of cops and I always ask them there feelings on it. Everyone of them has told me the same thing. As long as your acting in a lawful manner ( I.e. not causing trouble or acting out) then your gtg. If your acting out they can use it against you as a charge to haul you in.

 

[Second Amendment]

I carry a large folder. Say I get pulled over and the cop asks me if I have any weapons on me or in the car. Do I answer yes to that? Or is my folder not a weapon in the context of that question?

I've seen that situation on the show Cops. I've seen the perps get searched and when the knife is discovered, it's referred to as a weapon and sometimes is used as an additional charge.

 

[Roneut]

I carry a large folder. Say I get pulled over and the cop asks me if I have any weapons on me or in the car. Do I answer yes to that? Or is my folder not a weapon in the context of that question?

I've seen that situation on the show Cops. I've seen the perps get searched and when the knife is discovered, it's referred to as a weapon and sometimes is used as an additional charge.

Well first remember COPS is not necessarily filmed in Maryland. Some states are different. A object is not a weapon just because a cop thinks it is or says it is. There has to be an actual law involved.

The "do you have any weapons" is always a tricky question. If you have a folder, the best answer is "No officer, but I have a penknife." This informs the officer of the knife's presence (which they appreciate), but avoids labeling it as a weapon. I'm intentionally using the term "penknife" because that is the exact word used in the law that is specified as exempt from being considered a weapon.

The folder exception is rock solid in the law, and a cop arresting you for a folder stands to lose his badge for false arrest. It's that serious.

 

[IcedC]

i had a buddy picking up hacks in the city to make a few bucks for christmas. someone he picked up wanted to sell him drugs and they got into an argument and he threw him outta the car... the dude called the cops and said my buddy tried to kill him. when he got pulled over he had a folder in plain view. he was arested and charged with assult and weapons poessesion. when the cops couldnt find the dude for a statment the charges were dropped. worst part is that he spent christmas through new years in jail before they realized they had nothing


moral of the story... dont do stupid stuff when you have any knida kinfe on you...

 

[Roneut]

i had a buddy picking up hacks in the city to make a few bucks for christmas. someone he picked up wanted to sell him drugs and they got into an argument and he threw him outta the car... the dude called the cops and said my buddy tried to kill him. when he got pulled over he had a folder in plain view. he was arested and charged with assult and weapons poessesion. when the cops couldnt find the dude for a statment the charges were dropped. worst part is that he spent christmas through new years in jail before they realized they had nothing


moral of the story... dont do stupid stuff when you have any knida kinfe on you...

He was arrested for assault; the knife was incidental.

 

[INMY01TA]

i had a buddy picking up hacks in the city to make a few bucks for christmas. someone he picked up wanted to sell him drugs and they got into an argument and he threw him outta the car... the dude called the cops and said my buddy tried to kill him. when he got pulled over he had a folder in plain view. he was arested and charged with assult and weapons poessesion. when the cops couldnt find the dude for a statment the charges were dropped. worst part is that he spent christmas through new years in jail before they realized they had nothing


moral of the story... dont do stupid stuff when you have any knida kinfe on you...

What city? Penknives are no go in DC I believe.