AUTOMATICS LEGAL WITH WEAR & CARRY ?

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  • Aug 25, 2020
    30
    New Windsor, MD
    Just wondering if anyone knows if it’s legal to carry automatics, OTF, neck knives, etc. in Maryland if you have a wear & carry permit? Thank you.
     

    Roneut

    Active Member
    Oct 10, 2010
    279
    If you have a wear and carry permit, yes it is legal. With caveats.

    Having a permit makes you functionally exempt from CR 4-101's prohibitions. This is the law that normally makes concealed carry of some knives illegal.
    However, a permit does not make you exempt from CR 4-102 (carry on K-12 school grounds), nor has any effect on local ordinances (which are fairly rare) unless those ordinance contain the their own exception language. A permit also does not make it legal for a knife merchant to sell you an automatic, either under state (4-105) or federal law.

    A wear and carry permit is not necessary to legally carry a neck knife openly, or a non-spring-loaded OTF knife.
     

    welder516

    Deplorable Welder
    MDS Supporter
    Jun 8, 2013
    27,307
    Underground Bunker
    And auto-knife is considered a concealed weapon so carrying one on a permit is too legal . I carry mine at times

    I want to say that is what i was told by someone smarter then i . Please ask for legal advice , don't count on free advice
     

    Tungsten

    Ultimate Member
    Jan 1, 2012
    7,231
    Elkridge, Leftistan
    DTA when it comes to laws. Look at the actual law:
    Maryland Criminal Law 4-101 States:

    (b) 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
     

    johnkn

    Ultimate Member
    Feb 27, 2012
    2,113
    I’ve never been clear in the difference in an auto and assisted knife. I usually carry a ZT 0566cf which is labeled as “assisted”. When folded, part of the blade protrudes from the back of the knife, and when pulled with the index finger, a flat spring assists with the opening of the blade. How does MD classify that? Mine has the carbon fiber vs black handle shown. Thanks


    https://youtu.be/dQtSj3lFILM
     

    Roneut

    Active Member
    Oct 10, 2010
    279
    I haven't looked, but isn't a non spring loaded OTF knife a "gravity knife" and are prohibited?

    No, because gravity knives are not part of the law in Maryland. They're not in the statute nor in any case law I can find for this state. There's an very old one I've lost track of, but it's superseded by Mackall, which was in the late 1970s and established the penknife exemption.

    Technically any utility knife with a extending/retracting blade like you get at hardware stores is an OTF knife.

    I’ve never been clear in the difference in an auto and assisted knife. I usually carry a ZT 0566cf which is labeled as “assisted”. When folded, part of the blade protrudes from the back of the knife, and when pulled with the index finger, a flat spring assists with the opening of the blade. How does MD classify that? Mine has the carbon fiber vs black handle shown. Thanks

    That's an assisted opener. Autos by federal and state law have to have some kind of switch/lever/slider that is separate from the blade itself.
     
    Last edited:

    Dave.B

    Ultimate Member
    MDS Supporter
    May 15, 2011
    2,885
    The switchblade laws are outdated and nonsensical especially with the introduction of assisted opening knives that open just as fast as many auto knives. What difference does it really make whether a knife can be opened one handed with a flipper attached to the blade or a button in the handle?
     

    KIBarrister

    Opinionated Libertarian
    MDS Supporter
    Apr 10, 2013
    3,923
    Kent Island/Centreville
    Automatic knives are illegal to carry concealed absent a W&C permit. That said, they are legal to carry "open" as long as done without specific intent to cause harm to another.
     
    Last edited:

    KIBarrister

    Opinionated Libertarian
    MDS Supporter
    Apr 10, 2013
    3,923
    Kent Island/Centreville
    Don't listen to this, it's a trap. Disclaimer, IANAL.

    I am a lawyer.

    I have a microtech in my pocket currently as I type this, clip showing.

    Irrespective of a W&C, it is legal (unless I: a) put an overcoat on that covers that clip; or b) do something such that the state can show that I have that item in my pocket with the specific intent to commit a crime).
     

    KevinK

    Ultimate Member
    Jun 24, 2008
    4,973
    Carroll County, Md
    Automatic knives are illegal to carry concealed absent a W&C permit. That said, they are legal to carry "open" as long as done with OUT specific intent to cause harm to another.

    I think you forgot a word. :)

    It was posted on MDS (maybe by you) from some case, that the pocket clip was pretty much known to be a knife, so that satisfied the open carry part.

    I also carry an OTF auto, but it's a poor man's Microtech. :D
     

    Roneut

    Active Member
    Oct 10, 2010
    279
    I am a lawyer.

    I have a microtech in my pocket currently as I type this, clip showing.

    Irrespective of a W&C, it is legal (unless I: a) put an overcoat on that covers that clip; or b) do something such that the state can show that I have that item in my pocket with the specific intent to commit a crime).

    Yes! Vindication! IANAL but I have been pretty thorough in my research and wrote an article based on my findings:
    http://weaponlaws.wikidot.com/maryland-knife-laws

    You'd think that would be enough to have statutory and case law citations, but people on this forum still want to argue with me based on rumors they heard.
     

    KIBarrister

    Opinionated Libertarian
    MDS Supporter
    Apr 10, 2013
    3,923
    Kent Island/Centreville
    speaking of, can some of you recommend some good autos?

    Microtech. I have several. They have all held up better and tighter than any folding automatic I’ve had (including some $300 “premium” ones), the blades are top notch quality... and don’t forget the cool factor.

    They come in several sizes, a plethora of blade styles, colors, and even some limited run themed versions (like my “Bountyhunter” in Boba Fett green with a mythosaur on a yellow backdrop on the clip). Oh and the clips hold up great.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,775
    Bel Air
    They come in several sizes, a plethora of blade styles, colors, and even some limited run themed versions (like my “Bountyhunter” in Boba Fett green with a mythosaur on a yellow backdrop on the clip). Oh and the clips hold up great.

    Damn you. Now I need one to match my wallet.
     

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