Are auto-opening knives legal in MD (not OC or Bmore)

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  • Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    31,002
    In Virginia at the moment, a bit of uplifting legislation:

    SB 758, Pillion, legalizes the possession of switchblades knives. PASSED THE SENATE UNANIMOUSLY! Now heads to the House.

    I don't know any details.
     

    slsc98

    Ultimate Member
    MDS Supporter
    May 24, 2012
    6,878
    Escaped MD-stan to WNC Smokies
    I've been researching knife laws and cataloging case law in the state of MD for about 15 years give or take. I provided some of that research to Knife Rights as part of their campaign.

    Like the others said, a switchblade and a spring-assisted knife are considered two different things.

    A true switchblade is any kind of auto-opening knife where the opening is activated via some kind of switch or lever located in the handle. This switch is separate from the blade and does not move with it. It is legal to own a true switchblade in the state of Maryland outside of Baltimore, Ocean City, or any other city where prohibited by local ordinance. However, it is illegal to sell or offer them for sale, and illegal to carry them concealed. The only way to lawfully obtain a true switchblade as a Maryland resident is to physically travel to another state, buy it there, and bring it back. They can technically be carried openly, but the definitions of concealment viewed in the context of a folding knife are not clear.

    An assisted knife uses pressure on some part of the blade, such as a stud, tang, or hole, to activate its opening mechanism. It opens much like a non-spring assisted knife designed to open with one hand, just with a spring to provide extra movement. They are not considered switchblades in the Maryland except under Baltimore's and Ocean City's local codes. Outside those areas, they are considered "penknives," are an except from regulations on carrying weapons (with the exception of schools and restricted buildings). A penknife, under state law and upheld by caselaw, is any non-switchblade knife where the blade folds into the handle. MD State's Attorney Marilyn Mosby has declared in a public speech that an assisted opening knife are "not a switchblade, and is lawful under Maryland law."

    Intent is not a function of any of these laws. If you have a switchblade concealed, you are violating the law. If it's not a switchblade but is a folding knife (and you're outside the aforementioned cities), you are not violating the law. A police officer who fails to comprehend this risks getting hauled into federal court and held liable.

    Just want to say a thank you for this and your other posts; I have a 16yoa grandson behind enemy lines who is very responsible and has expressed an interest in collecting knives … FACTS have been helpful in assisting his single parent - also there in MD-Stan - make the parental decisions only they can make …
     
    Last edited:

    Docster

    Ultimate Member
    Jul 19, 2010
    9,775
    I was about to buy a spring assist opening folding knife but I'm worried it migh make me a criminal. In MD, regarding weapons and self defense, you need to research just to make sure you're not breaking a stupid law.

    As I understand, you cannot plan on using it for self defense (heaven forbid we should plan on not being a victim in MD). So, assuming it will be carried in the pocket 1. Is it legal in areas other than Bmore and Ocean City? 2. Does it have to have the po ket clip showing? 3. Is there an unambiguous definition of switch blade?
    ^^THIS, including a search here on MDS for this oft-asked question
     

    INMY01TA

    Ultimate Member
    Dec 29, 2008
    5,830
    Ok I have a question. Since the W&C permit allows concealed carrying of auto knives in Md does this preempt local restrictions like Baltimore’s and Ocean City’s?
     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    31,002
    Ok I have a question. Since the W&C permit allows concealed carrying of auto knives in Md does this preempt local restrictions like Baltimore’s and Ocean City’s?
    It should, but of course this is MD.

    I eagerly await input from the attorney contingent.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,842
    Bel Air
    Ok I have a question. Since the W&C permit allows concealed carrying of auto knives in Md does this preempt local restrictions like Baltimore’s and Ocean City’s?
    When you have a gun, but it’s that scary knife that they are worried about…potato.
     

    gungate

    NRA Patron Member
    Apr 5, 2012
    17,053
    Damascus. MD
    I am wondering how to purchase an auto knife besides going into a local store. Seems federal law prohibits it if it comes across state lines with exemptions for procurement officers only. Does that also apply to UPS and FedEx? I see auto-knives at gun shows but the prices are prohibitive.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,842
    Bel Air
    I am wondering how to purchase an auto knife besides going into a local store. Seems federal law prohibits it if it comes across state lines with exemptions for procurement officers only. Does that also apply to UPS and FedEx? I see auto-knives at gun shows but the prices are prohibitive.
    I just ordered an auto off the Internet last night. I’ve done it before. Some companies won’t ship to MD. A lot will.

    Good autos are NOT cheap.
     

    teratos

    My hair is amazing
    MDS Supporter
    Patriot Picket
    Jan 22, 2009
    59,842
    Bel Air
    What site and did it make you choose option A, B, C, or D?
    No.
    I’ve also ordered from:
     

    gungate

    NRA Patron Member
    Apr 5, 2012
    17,053
    Damascus. MD
    No.
    I’ve also ordered from:

    Thanks! What do you think of this one? Seems like a good deal.

     

    Bob A

    όυ φροντισ
    MDS Supporter
    Patriot Picket
    Nov 11, 2009
    31,002
    Thanks! What do you think of this one? Seems like a good deal.

    I don't think Blade HQ will sell to a commoner. If you're LEO or EMT you're probably good to go.

    For those put off by high prices on items like the Microtechs, I joined Bladeforums and have been successful in finding automatic knives from Microtech and Protech in excellent condition for very reasonable prices. I have a free mimbership, so I cannot sell, but obviously can purchase. Their comm setup is confusing at best, but can be navigated with time and patience.
     

    gungate

    NRA Patron Member
    Apr 5, 2012
    17,053
    Damascus. MD
    I don't think Blade HQ will sell to a commoner. If you're LEO or EMT you're probably good to go.

    For those put off by high prices on items like the Microtechs, I joined Bladeforums and have been successful in finding automatic knives from Microtech and Protech in excellent condition for very reasonable prices. I have a free mimbership, so I cannot sell, but obviously can purchase. Their comm setup is confusing at best, but can be navigated with time and patience.

    Virginia just legalized auto-knives apparently. At the last Dulles gunshow I was at there was a ton at reasonable prices. I bought 2 OTF auto's with decent steel. D2 and something else. Very happy with them seem like high quality.
     

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