Automatic Knives in Maryland

[Packohotdogs]

Hello Everyone,

I wanted to ask if anyone has info on what the rules are on automatic knives in MD. LAst I read, they are illegal to buy, sell or trade unless you are LEO or Military.

Way I see it, this is a ridiculous rule, as my Madd Maxx assisted is larger and faster then 90% of automatic knives. It is also perfectly leagal to caryas long as the clip is exposed.

Guy at my range swears up and down that the auto knife laws have changed and are more relaxed, but I cannot find proof anywhere. There are some BEAUTIFUL works of art out there that I would love to have.

Can I buy an auto knife just to have at the house? I don't even necessarily have/want to carry one, just have a couple to play with at the house.

Thanks in advance folks!!

 

[Packohotdogs]

Quick thought... The link below is the state law. IT says that you cannot "sell/barter/display/or offer for sale" a switchblade.

However, it does not say that you cannot BUY one or buy one from another state (ie order one from a website)...

Man, I am stretching it. I know, I know... better safe than sorry here. No auto knife for me!!

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

 

[Mossyhorn]

It would be illegal to even send one to Maryland . The exclusion would be police or active military.

 

[glistam]

Greetings fellow Marylander.

You are generally correct with your research so far, though I would recommend using the MD General Assembly's website as your source. pweb.netcom.com is an old site run by knife expert Bernard Levine, but he has not updated it in many years.

Here is the switchblade law:
http://mlis.state.md.us/asp/statutes_respond.asp?article=gcr&section=4-105&Extension=HTML

As stated before, the switchblade statute (4-105) makes it illegal to sell or barter (or advertise such) any autos in Maryland. This law has no other effects whatsoever. In fact, you will note if you read the law that it doesn't even have exceptions for selling to the police or military. Also relevant is the general weapon carry law 4-101 which makes it illegal to carry a switchblade knife concealed, or carry at all after sundown if you are a minor (in certain counties).

These laws have no other effects. It is 100% legal to buy, own at home, and carry openly, a switchblade knife in Maryland. I must point out a few caveats though:
1. While legal to buy switchblades, federal law makes it illegal for anyone to sell them over state lines. Since sale from within Maryland is also illegal, you simply cannot buy one without someone breaking the law if you are inside the state. However, if you travel to another state where sale of switchblades is legal, buy one there, and take it home with you, it is legal. The federal law only regulations business transactions taking place over state lines, not mere transport of an item you already own. Also interesting fact about the federal law: Contrary to popular belief, the statute has no exceptions for police, and only allows sale to the military pursuant to an authorized contract. Merely being in the military doesn't give you a free pass to buy them.
2. Certain cities have ordinances against automatic knives that are stricter than the state law. For example, Baltimore City Police Ordinace § 59-22 makes it illegal to even so much as possess a switchblade within city limits.

I know switchblade laws are ****ing stupid, but I am very weary from preaching to the choir about the matter for so many years. I don't know if things will change any time soon given how stupid the Assembly has been for so many years about Concealed Handgun Permits.

 

[Packohotdogs]

Hi Glistam!

Thank you for the wonderful information!!!

So basically, I can own and even carry one (as long as the clip is exposed). Problem is it is illegal for someone to sell me one.

Just for conversations sake, do you happen to know if any of our bordering states sell them legally? WV or VA would probably be the best chances...

Thanks again sir!!! You are the man!!!

 

[glistam]

So basically, I can own and even carry one (as long as the clip is exposed). Problem is it is illegal for someone to sell me one.

Just one other little warning: Merely having the clip showing is debatably considered concealed. According to case law I have read, a person (who is not a cop trained to recognize weapons) should be able to tell it is some kind of knife by looking at the clip in order for it to be considered open carry.

Just for conversations sake, do you happen to know if any of our bordering states sell them legally? WV or VA would probably be the best chances.

I have been thinking the same thing for a long time too, since doing so would be perfectly legal. VA and PA are out since even possession of an auto is illegal there. My best interpretation of WV's law is that sale is legal to people over 18 and open carry is also legal, while concealed is illegal. However, I have not yet been able to locate a brick and mortar cutlery shop there in order to inquire if they sell autos. If anyone knows one though, please post.