AUTOMATICS LEGAL WITH WEAR & CARRY ?

mpollan1 · Feb 5, 2021

KIBarrister said:
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).

Strange that I picked up on the obvious typo in the OP and highlighted it and IANAL.

KIBarrister · Feb 5, 2021

mpollan1 said:
Strange that I picked up on the obvious typo in the OP and highlighted it and IANAL.

[scratches head]

You highlighted the word “intent,” which was half of the legal term (the other being “specific,” as opposed to the default presumption of “general intent.”)

However, if I misunderstood your intent to also point out the Siri-assisted typo, then my apologies for the short retort :thumbsup:

mpollan1 · Feb 5, 2021

KIBarrister said:
[scratches head]

You highlighted the word “intent,” which was half of the legal term (the other being “specific,” as opposed to the default presumption of “general intent.”)

However, if I misunderstood your intent to also point out the Siri-assisted typo, then my apologies for the short retort

Geez Matlock, read/reread the OP and my reply and see if you can find any jocularity.

Zorros · Feb 8, 2021

The nuances of the exceptions, if they are, might be lost on the 24 year old gendarme fresh from several mos in Police Academy. And his or her older brother or sister. You might be right; you might have to make your case. And appeal and appeal,again.

Baldheaded · Feb 8, 2021

I love my neck knives. Something about a fixed blade. What I don't understand is why it must be exposed. Seems to me that a little CRKT minimalist around the neck and under a shirt wouldn't be a big deal. Nobody would even know I was wearing it. But if exposed over the shirt you stick and everyone goes OMG he has a knife around his neck. Yet I can put a big folder in my pocket and its fine. Why would I want to draw attention to myself like that. The law makes no sense to me.

Biggfoot44 · Feb 9, 2021

This is Maryland , don't expect it to make sense .

The inequality between folding and fixed blade knives can easily be fixed . But the results would be folders having similar restrictions to fixed blade currently .

Boats · Feb 9, 2021

glistam said:
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.

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.

I heard/was told/read that it is a "bias for closure" that is the difference. close the spring assisted knife enough and the blade jumps into the grip. autos don't do that.

just my experience

Roneut · Feb 9, 2021

Boats said:
I heard/was told/read that it is a "bias for closure" that is the difference. close the spring assisted knife enough and the blade jumps into the grip. autos don't do that.

just my experience

The specific little nuances that define an auto vary by state, as well as the federal statute. You are probably thinking of the latter, from 15 USC 1244, Exceptions:

(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife.

Technically this provision only applies to the federal sales/shipping law, not the state of Maryland, but may inform the opinions of prosecutors and judges within the state.

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