What constitutes concealed?

[Kingjamez]

I prefer to carry a short fixed blade knife for utility at work. I know in Maryland, if I carry a fixed blade of any length it must not be concealed without a CCW. Is there any definition of concealed in law? I'd like to know what the litmus test is to determine if a knife (or if we are lucky, eventually a firearm) is concealed.

Can some portion of the sheath or handle be in a pocket? Must it be visible from a wide vantage point if observing me? Would the clip of a folding knife visible while attached to a pocket constitue non-concealed?

-Jim

 

[Minuteman]

Good question. I don't know, interested to hear what others have to say.

A few weeks ago I noticed a guy with a large fixed blade hunting knife strapped to his side (while shopping at FYE in the mall). He had the sheath tucked into his front pocket, so you could only see the top 1/3rd of the knife. Pretty low profile way to carry. Legal? I doubt it.

 

[Inigoes]

http://definitions.uslegal.com/c/concealed-weapons/

 

[Roneut]

A good question! While it is a highly subjective measure, Polk v Maryland (2007) is a useful bit of caselaw worth consulting. Polk was, let's face it, an erratic weirdo in his car, but he was not technically breaking any laws. Police saw a "bowie knife" while looking into his car to talk to him, and arrested him for a concealed weapon. Appeals court threw his conviction out because concealment was not proven even remotely. They had the following to say:

For all that the agreed statement of facts tells us, it took no "unusually careful, thorough or detailed search" for Officer Moro to see the knife. The stipulation simply recites that he was "by the passenger side [of the car]" when he "observed" the knife. He was not even inside the car; he was just looking in.

In the case of a knife, moreover, its handle is most assuredly a part of the weapon, just as the handle of a revolver or a rifle is a part of the weapon. A knife is not ipso facto concealed because its blade is in its sheath, any more than a six-gun is concealed because its barrel is in the holster or a sword concealed because its blade is in the scabbard. Though drawing an inference, perhaps, the reasonable observer knows when he has seen a knife, a six-gun, or a sword. Concealment "should be made of sterner stuff."

 

[CharlieFoxtrot]

An object is concealed if “it is so situated as not to be discernible by ordinary observation by those near enough to see it if it were not concealed who would come into contact with the possessor in the usual associations of life, but absolute invisibility is not required; since ordinary observation does not extend to a search unusually careful, thorough or detailed, made because of suspicion that contraband which is not visible by ordinary observation may in actuality be present.” Shipley v. State, 243 Md. 262, 220 A.2d 585 (1966)

Still the definition of concealed in Maryland.

 

[Kingjamez]

Great stuff, thanks!

So if I carry a fixed blade in my pocket with the handle clearly visible, that "sounds" legal given the definitions above.

-Jim

 

[Biggie313]

I would say that isnt concealed. However, when I emailed several MSP barracks asking the legality of carrying a fixed blade, most said that they will bother you if you are carrying it out of context. Several said a hunting knife is OK while hunting, and a fillet knife is OK while fishing, but not while at the grocery store. I asked about daily carry of my Ka-Bar, and several said they will stop me if they saw me and ask why I am carrying it. There is a difference between legal and what will get you harassed by police in this state.

 

[CharlieFoxtrot]

Great stuff, thanks!

So if I carry a fixed blade in my pocket with the handle clearly visible, that "sounds" legal given the definitions above.

-Jim

If you sit down it becomes concealed.

 

[IcedC]

If you sit down it becomes concealed.

Which is why whenever I sit somewhere I stab it into the table!

 

[Kingjamez]

Pure Win.

Which is why whenever I sit somewhere I stab it into the table!

 

[smores]

I was laying floors all day at my buddy's house yesterday, and had a Glock field knife on my belt in its sheath. Forgot to take it off, and we were standing in line to return some stuff at Home Depot. I'm thinking "man is someone gonna call me on this?" then I see 5 Sikhs walk in the door and they all have Kirpan strapped in the same spot I'm wearing my blade. I fit right in lol.

 

[Biggfoot44]

Alas Md is Md , and there are few absolute answers to anything.

Read the caselaw on *concealed* , and you will pull your hair out. It is all over the place , and seemingly contradictory.

If you want an ironclad permission , go folding. Otherwise it essentially comes down to the collective whim of random Police Ofc and random SA.

 

[esqappellate]

Alas Md is Md , and there are few absolute answers to anything.

Read the caselaw on *concealed* , and you will pull your hair out. It is all over the place , and seemingly contradictory.

If you want an ironclad permission , go folding. Otherwise it essentially comes down to the collective whim of random Police Ofc and random SA.

This ^^^ The number and kinds of folding knives are seemingly endless and are sufficient for almost any need. It is hard to see the overriding need for carrying around a non-folding knife sufficient to justify the legal risk. I only carry a sheath knife (plainly non-concealed) when I hunt and even then I usually end up just using my Buck knife to field dress the carcass.

 

[Heist]

An object is concealed if “it is so situated as not to be discernible by ordinary observation by those near enough to see it if it were not concealed who would come into contact with the possessor in the usual associations of life, but absolute invisibility is not required; since ordinary observation does not extend to a search unusually careful, thorough or detailed, made because of suspicion that contraband which is not visible by ordinary observation may in actuality be present.” Shipley v. State, 243 Md. 262, 220 A.2d 585 (1966)

I just read this and my mind is now even more confused than when I didn't know the law.