Switchblades in Maryland

[novus collectus]

Allright, I have been wondering for a while now how legal switchblades are in Maryland. I know there is a federal law banning the importaion into this country and it is illegal to sell them accross state lines, but the federal law does not ban possession in the states. Does Maryland ban the possession of switchblades and if it doesn't then can a switchblade be carried openly just like a sheathed knife can be?

By the way and just in case someone brings it up, unless Maryland has some kind of similar law, the one armed man execption is the federal exception for carrying a switchblade in federal territories and Indian Reservations (or something like that).

By the way DDR214, if you think this thread should be in another forum for whatever reason, then please do so.

 

[K31]

http://www.donath.org/Rants/StateKnifeLaws/

http://pweb.netcom.com/~brlevine/md.txt

http://www.packing.org/state/maryland/

On the packing.org site, click on "agree" and scroll down to knife carry laws.

 

[novus collectus]

Thanks. From what I gather from what I have read already (I have read some statutes in the link before) and from what the links cited this is how I see it:

A switchblade of any kind is illegal to sell or trade in Maryland.
A switchblade is illegal to carry concealed in Maryland without a CCL (unless one can show cause to a judge they had reason to believe they needed it to protect themselves from apprehended danger).
As I read it, a switchblade is legal to own, posses and use as long as it is not carried concealed (except with a CCL), or carried openly if it is "with the intent or purpose of injuring an individual in an unlawful manner." In other words and as I read it, as long as the switchblade is openly carried and you are not on your way to kill, hurt or threaten someone, then it is legal in Maryland.

I read the federal statute and the one link said it is illegal for individuals to transport a switchblade accross state lines and I think this is wrong. The statute I read said that it could not be transported for commercial reasons unless it is for, or too, a police,emergency or military agency. It said nothing about non-commercial transport on one's person (no mailing it though) over state lines that I saw (unless one is tranporting one with less than a 3" blade through an Indian reservation or federal property and the person is not a one armed man).
In Maryland there is no blade length restriction (and there was even a court case in 1992 about it according to one link) and so technically, as I understand it, one can carry a two handed broadsword on their hip as long as it is not concealed.


Now, the one thing I did not discover in those links was whether or not a butterfly knife is a gravity blade knife, or if it can be classified as a penknife. If it is a penknife, then as I understand the court precedents in the links, it can be kept in the pocket. If it is a gravity blade, then as I understand it, it can be carried openly in a sheath and it can be as long a blade as wanted.

 

[Spot77]

The legislature sure likes things to be clear as mud, eh?

IMO, it's not even worth buying one. If you get confronted by a LEO about it, you'll probably end up losing it anyway. Even if you're in the right, is it worth it to go to court to try to prove it?

There's plenty of great knives out there that'll do just as good a job.

Of course, we all know a good kabar could never do the kind of damage a.....a.....OH MY GOD! A switchblade! could do.....

 

[novus collectus]

I blame all the legislation on the movie Westside Story. That was about the time they passed the federal law (1960s) and probably when they passed the Maryland law too.
Those ballet dancing and showtune singing Latino gang members sure are scary with their switchblades.

I just wonder about this law because when I worked construction there were plenty of times I wished I had one for when one hand was occupied. And besides, it may be possible I, uh, know someone that has one.

 

[JasonMD85]

I had a full auto benchmade before I gave it to a marine buddie as a present when he went to iraq. I talked to a few LEOs about it before I gave it away. As I read the legislation, and as the LEOs confirmed, auto open knives (Switchblades) are legal to own and keep in the house, but in order to carry them on you or in your car you need a CCW, be an LEO, or active military. So, you can collect them, and keep them around as show knives or w/e, but you can't carry them. I just asked my boss, and kept mine at work when I had it. I was a mechanic back then, and there were plenty of times I was elblow deep in a car, holding something heavy with one hand, and needed the cut the wire with another. That full auto saved my butt a few times, although any benchmade can be opened on handed anyway

 

[Qbeam]

The Ken Onion Speedsafes from Kershaw pretty much act like a switchblade, but are legal to own due to the manual effort needed to initiate the assisted blade opening. May fit what you need without all the legal hassles.

 

[Jaybeez]

... and available at your local wal mart.

 

[phillywilly]

Do they still make folding knifes that take 2 hands to open? other then multi tools I have not seen one in years with out at lest a thumb stud. Most liner locks will open as fast as a auto any way and wont stop working when they get sand in them.

 

[boothdoc]

I have a Tech stationary blade knife that's sheath retreacts when you "push" the button.

Once my camera gets back I will post a pic.

 

[novus collectus]

I had a full auto benchmade before I gave it to a marine buddie as a present when he went to iraq. I talked to a few LEOs about it before I gave it away. As I read the legislation, and as the LEOs confirmed, auto open knives (Switchblades) are legal to own and keep in the house, but in order to carry them on you or in your car you need a CCW, be an LEO, or active military. So, you can collect them, and keep them around as show knives or w/e, but you can't carry them. I just asked my boss, and kept mine at work when I had it. I was a mechanic back then, and there were plenty of times I was elblow deep in a car, holding something heavy with one hand, and needed the cut the wire with another. That full auto saved my butt a few times, although any benchmade can be opened on handed anyway

(c) (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.

Although the switchblade is specifically mentioned in the list of included "weapons", the only prohibition for carrying weapons are listed above.
As I read it, (1) A person may not wear or carry a dangerous weapon of any kind switchblade concealed on or about the person.
and
(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device switchblade openly with the intent or purpose of injuring an individual in an unlawful manner.

So there does not seem to be any prohibition on the open carry of a switchblade that is not carried with the intent to unlawfully injure. If there is no prohibition, then it is allowed as I read it.

Think of it this way, among the list of included "weapons" is a barber's razor. If it was illegal to carry a switchblade openly in a public place, then so it is illegal for a barber to posses openly or use one in a public barbershop too.
If you can carry a Bowie knife openly for hunting, then you can carry a switchblade openly too as I see it.

 

[novus collectus]

Do they still make folding knifes that take 2 hands to open? other then multi tools I have not seen one in years with out at lest a thumb stud. Most liner locks will open as fast as a auto any way and wont stop working when they get sand in them.

I have read the ceramic blade knives do not have the thumb stud. It is because no one has figured a way to put one on them without compromising the blade's integrity yet.

 

[alucard0822]

someone I used to know had a couple many moons ago from here:http://www.tinysusa.net/index.html

but, unfortunately there was a boating accident, and they are somewhere at the bottom of the Chesapeake, and the guy moved out of the country, never to be heard from again

I was a mechanic back then, and there were plenty of times I was elblow deep in a car, holding something heavy with one hand, and needed the cut the wire with another. That full auto saved my butt a few times, although any benchmade can be opened on handed anyway

That guy was a mechanic for 10 years, and had the 777 front opener, the 8.5" OTF has a fairly thin double edged blade, and both opened and closed by the switch, perfect for cutting hoses and lines, not to mention the thing was razor sharp, and with a spray of light oil, would slice thick rubber bushings with ease

 

[Simon Yu]

Do they still make folding knifes that take 2 hands to open? other then multi tools I have not seen one in years with out at lest a thumb stud. Most liner locks will open as fast as a auto any way and wont stop working when they get sand in them.

There are still knives with the nail-nick in the blade to open them, but it's pretty rare on new designs in the US. Usually it's done when the intent is to make a more classic looking knife, not when the maker is going for utility.

 

[K Train]

lets say hypothetically i had one of these and i'm moving to md in a few weeks, should i leave it in SC

 

[novus collectus]

lets say hypothetically i had one of these and i'm moving to md in a few weeks, should i leave it in SC

I tried to check around about this once before and the closest I got to finding the answer is if you do not ship it or possibly fly it, you can bring it accross state lines to MD. However, you might have to drive through a state where they are illegal. Not sure.

I forget what the restriction might be with flying with it. Not sure if that is illegal either. I also remember something about someone with one arm is exempted or something from much of the federal switchblade law.

The reason I checked was because I was thinking that if I was in one of those states where they still manufacture them I might buy one to bring back to MD. The one I have now is Chinese junk and I want a real knife.

 

[mikec]

CITE 15 USC Sec. 1244 01/24/94
EXPCITE TITLE 15 - COMMERCE AND TRADE
CHAPTER 29 - MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF
SWITCHBLADE KNIVES
HEAD Sec. 1244. Exceptions
STATUTE Sections 1242 and 1243 of this title shall not apply to -
(1) any common carrier or contract carrier, with respect to any
switchblade knife shipped, transported, or delivered for shipment
in interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution,
possession, or introduction into interstate commerce, of
switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting
in the performance of his duty; or
(4) the possession, and transportation upon his person, of any
switchblade knife with a blade three inches or less in length by
any individual who has only one arm.

Is this what you wre looking for?

 

[novus collectus]

Is this what you wre looking for?

 

[ThePhantomPatriot]

you can't have a switchblade, but you can have a 'semi-auto' knife. thats what i have and its just as fast as a switchblade, its spring assisted. you can pick one up @ the north pt. flea market in dundalk for about $10. they come in different sizes, i have the small one because the springs on the big one don't have a good power ratio.

thats is my knife, made by tiger, but mine is all black w/ a black synthetic handle, they also come in silver w/ a black synth. handle.

 

[novus collectus]

you can't have a switchblade, but you can have a 'semi-auto' knife. thats what i have and its just as fast as a switchblade, its spring assisted. you can pick one up @ the north pt. flea market in dundalk for about $10. they come in different sizes, i have the small one because the springs on the big one don't have a good power ratio.

thats is my knife, made by tiger, but mine is all black w/ a black synthetic handle, they also come in silver w/ a black synth. handle.

Now that is cool.