Maryland - - Any "auto" knife legal?

MTHall720

MTHall720

Joined
Sep 21, 2010
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I was trying to find out if just OTF style is illegal or are they All illegal if considered a "full auto"?
I also wanted to know if I carry my Buck 110 in a belt sheath do I have to wear it outside my shirt? If I carry it at work it would need to under my shirt just to appease those who are Very politically correct.
 
Hi! Haven't seen another Marylander in a while.

Alright so here's the deal with autos. All knives are covered under just two statutes in Maryland: Criminal Code 4-101 and 4-105. 4-105 is the auto law and both defines them and prohibits sale of them, but does not prohibit anything else. The definition goes "a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife." This prohibits both OTF and side-opening switchblades, so yes all "full auto" knives are regulated. However, it does not prohibit "assisted opening" knives due to a loophole in how the law phrases it ("device in the handle of the knife") which means it has to have a button of some kind. Hence you will see assisted openers for sale in any store that sells knives.

There are some things to keep in mind though. 4-105 only prohibits sale, not ownership or carry. 4-101, the general weapon carry statutes, does prohibit concealed carry of autos, but open carry for all weapons exception handguns is still legal, even for autos. Be warned that Baltimore city code prohibits even mere ownership of autos, this this goes largely unenforced.

Your Buck 110 being a non-auto folding knife falls within a special exception of 4-101. It is a "penknife" and thus exempt from the law entirely. Carry it however the heck you want, even completely concealed, it is legal. There is no length limit. Do not anyone tell you otherwise, even a cop. There was case in 2002 of a cop losing his badge because he insisted a folder was a "weapon" and arrested a guy anyway.
 
Thanks Very Much. This helps me a lot. I was talking to someone about a year who owns a knife store and was told that not only could they not sell an auto knife to anyone other than LE or active Military but that it would be illegal for someone to carry one. I have found out over the years that even people who work in stores which sell knives or firearms, may have no idea what they are talking about for ultra specific details on the law.

Living in Maryland is something that is hard to get used to when it comes to so many restrictions of so many kinds after having lived out West for years. Been a Maryland guy since 1999 and since my family is here looks like I will be a Marylander for life.
 
Ok One more thing. I have talked to several people in my county about whether or not carrying a knife with a pocket clip qualifies as "open" carry due to the clip being very obviously seen? Some of my favorite knives are traditional folders, although I really like my few "modern" folders very much, all of which have a pocket clip.
 
MTHall720 said:
I was talking to someone about a year who owns a knife store and was told that not only could they not sell an auto knife to anyone other than LE or active Military but that it would be illegal for someone to carry one. I have found out over the years that even people who work in stores which sell knives or firearms, may have no idea what they are talking about for ultra specific details on the law.
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MTHall720 said:
By the way, what part of Maryland do you live? I'm in Frederick county.
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Ah, you talked to the Edge Works guys I take it? I was just there yesterday. Nice guys, nice store, but not so great with the law. I have overheard them say the same thing to another customer, and it's totally wrong. They're just kids though so I keep quiet. Problem is 4-105 does not provide exceptions for military or law enforcement. It provides no exceptions whatsoever. The mere presence of the knife in their display case offering it for say is a violation of the law no matter what store rules or labels they put on them. Thing is, 4-105 is so low on the priority list for the local cops that half of them probably don't even know about it, much less have ever enforced it. A cop's day to day life has more important things to focus on.

I'm in MontCo by the way.

MTHall720 said:
Ok One more thing. I have talked to several people in my county about whether or not carrying a knife with a pocket clip qualifies as "open" carry due to the clip being very obviously seen? Some of my favorite knives are traditional folders, although I really like my few "modern" folders very much, all of which have a pocket clip.
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There is no need to carry with a pocket clip on the outside in the first place, because all folders are legal for concealed carry anyway. If it's an true auto, then it gets into tricky territory.

I always thought this claim about pocket clips was weird because it's missing the point. Pocket clips are not meant as a special feature to skirt concealed carry laws. They're just meant to make it easier to find a folder without having to root around in your pocket. From other states where folders have regulations, it seems from the case law that "knife in the pocket with just the clip showing" is treated with an "err on the side of illegal." In states where concealed is illegal, the visible clip is treated as still concealed. In areas like New York City where open carry is illegal but concealed is legal (they do it backwards), then the clip is considered open carry.
 
I my husband appreciate all the input.
Edge Works is the place I went :) nice people and nice selection. I have probably spoken to just about everyone there at one time or another. Heard different things different times so was really confused. Even talked to a couple of officers and you are right - - knife laws aren't way up the priority list for being an expert on. I was starting to think I couldn't even buy one, let alone carry it outside my house. Half the knives I carry have no pocket clip so am glad to ha e input on that too.
 
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