i live in Maryland and I am aware of the knife laws that state that an automatic knife (switchblade) is legal to own in your home. It also goes on to say that it is illegal to conceal carry but legal to open carry as long as you don't intend to hurt someone. My question is that, does having the knife clipped to your pocket with the pocket clip concealed or open carry?
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Is clipped to your pocket concealed carry
- Thread starter Mr Krieg
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That's a good question...generally speaking, a clipped knife is usually considered open carry if any part of the knife is visible. Maryland law does not restrict carry of any type of folder except 'switchblades' and a few other types of knives (bowies, throwing stars etc.), which cannot be carried concealed. The restricted types of knives cannot be carried concealed "with the intent to harm someone". Now, this is where it gets into muddy waters...
The state has the burden of proving that you intended to harm someone, as they have the burden in proving any criminal charge brought against a party. Simple possession is generally not regarded as prima facae evidence of criminal intent (it's not NYC, where the opposite is true), but related actions and circumstances would certainly influence this. It would not take much for a simple possession scenario to turn into an arrest...the case may not stick, but you still will have to wade through the swamp that is the criminal legal system and will certainly lose your knife permanently.
As a general rule, I would suggest not carrying an auto in MD...the climate is very anti-weapons overall and a a number of municipalities have local laws more restrictive than state law (Balt City, OC, AA Co). MD knife laws overall are pretty loose (no restrictions on size, etc), bets to play it safe and stick to a manual or assisted folder if you want to carry it clipped (except in OC of course!).
The state has the burden of proving that you intended to harm someone, as they have the burden in proving any criminal charge brought against a party. Simple possession is generally not regarded as prima facae evidence of criminal intent (it's not NYC, where the opposite is true), but related actions and circumstances would certainly influence this. It would not take much for a simple possession scenario to turn into an arrest...the case may not stick, but you still will have to wade through the swamp that is the criminal legal system and will certainly lose your knife permanently.
As a general rule, I would suggest not carrying an auto in MD...the climate is very anti-weapons overall and a a number of municipalities have local laws more restrictive than state law (Balt City, OC, AA Co). MD knife laws overall are pretty loose (no restrictions on size, etc), bets to play it safe and stick to a manual or assisted folder if you want to carry it clipped (except in OC of course!).
lazy otter
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I would agree with everything said in the above posts. Clipped in your pocket I'm guessing is gonna be considered hidden from common observation and there will be an issue! Now this could vary from officer to officer some may care some may not? Also your shirt or jacket covers it, it's now concealed. A clip alone doesn't count as enough showing to make it identifiable to common observation. Now put it on a belt sheath and it's not a double edge and your shirt or jacket doesn't cover it? It atleast looks like you tried to follow the law and not being double edged takes away intent to harm to a certain extent?! It's upto you it's a really grey area! Also take into account where you live and why would you encounter an officer in a manner that would require you to tell him about it or him to search you?
Well the 3-4 years I have been carrying a knife, I have never been in a situation where I needed to tell a cop about it or have them ask about it. That's why I think it wouldn't be too big of a deal because I haven't had an encounter so far, and if I never get asked about it then it should never be an issue.
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Great question...
It is a grey area, I think, and up to the officer who might be pressing the charges. In other words, if you are doing something dumb, and get popped, they may try and pursue the charges of having an "illegal weapon". Then it is up to a judge or jury to decide, and you're in for an expensive and risky fight.
In my case, I stay away from the grey areas to avoid these kinds of things.
It is a grey area, I think, and up to the officer who might be pressing the charges. In other words, if you are doing something dumb, and get popped, they may try and pursue the charges of having an "illegal weapon". Then it is up to a judge or jury to decide, and you're in for an expensive and risky fight.
In my case, I stay away from the grey areas to avoid these kinds of things.
lazy otter
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Yep! If you don't have any reason for LEO to make negative contact and ask if you got any weapons on you and then still state I don't have any weapons but I got my pocket knife I use for work,hiking,chores,Ect but never identify it as a weapon! But no contact no problem!
lazy otter
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Also a city like Baltimore or an area like Montgomery county may be harder on you than say Frederick and Hagerstown or Washington county? Just something to concider too.
I live in MD also. I have been carrying a bk14 on my belt for a couple of weeks. Not sure if it counts as open carry. I've never had anyone from law enforcement ever ask about a knife. I usually only carry a small folder and multi tool. I try not to draw attention. My county is also a little more laid back on the knife carry. I don't plan on causing harm so I'll carry how I want and take my chances, but I'm also not going to go flashing a knife where it might be frowned upon.
I agree with mec003 as long as I'm not flashing it at anyone or waving it around I should be ok, Harford county seems to be pretty relaxed for pretty much everything, so I think I'll be alright. I may even ask a couple family friends that are officers and get their opinion on the matter.
Hi. Fellow Maryland resident and have done a lot of legal research on knives. Even interviewed a couple of prosecutors.
Yes you are correct that open carry of any bladed item is legal*. Concealed carry of non-switchblade folders is legal. Good so far.
When it comes to if a pocket clip counts as concealed when carrying a switchblade (it's irrelevant for folders), this is categorically an untested grey area. There are no cases to date that I was able to find where a person was charged with concealed carry of a switchblade where the pocket clip was showing. The reason it's untested is that a carried knife is almost never the only reason the cops talk to you. You have to be breaking some other law or being a general bonehead. I have lived here my whole life and carried a variety of weapondry of both legal and questionable variety, and never once been questioned for searched. My father has for even longer. Same story.
Knives are generally used as "excuse charges" where the cop knows you're up to something but can't prove it, so uses the illegally carried knife as an excuse to detain you. In these cases he or she is going to err on the illegal side for legal grey areas i.e. treat an auto with pocket clip as concealed.
*Except Baltimore City where mere possession of switchblades is illegal.
Yes you are correct that open carry of any bladed item is legal*. Concealed carry of non-switchblade folders is legal. Good so far.
When it comes to if a pocket clip counts as concealed when carrying a switchblade (it's irrelevant for folders), this is categorically an untested grey area. There are no cases to date that I was able to find where a person was charged with concealed carry of a switchblade where the pocket clip was showing. The reason it's untested is that a carried knife is almost never the only reason the cops talk to you. You have to be breaking some other law or being a general bonehead. I have lived here my whole life and carried a variety of weapondry of both legal and questionable variety, and never once been questioned for searched. My father has for even longer. Same story.
Knives are generally used as "excuse charges" where the cop knows you're up to something but can't prove it, so uses the illegally carried knife as an excuse to detain you. In these cases he or she is going to err on the illegal side for legal grey areas i.e. treat an auto with pocket clip as concealed.
*Except Baltimore City where mere possession of switchblades is illegal.
As I've said in other posts elsewhere, our opinions don't matter. Even the law doesn't really matter. Whether or not a knife clipped to your pocket counts as concealed will depend entirely on what the officer on duty at the time determines amounts to concealed; some will say yes and arrest you, others will say no and let you go about your business. And if you run into the first category, then it's going to depend on whichever judge you get, and what their opinion on the matter is.
As much fun as autos are (and they are), many assisted openers deploy just as fast as autos. There really isn't much of a difference between pushing a button and pushing a thumbstud.
A pocket clip alone being seen I don't believe is enough to be considered not concealed as the clip could be attached to any number of things ie: phone pen or anything else, part of the knife would have to be visible, it's also why "deep carry" pocket clips are nice to use and for me usually sits deeper in the pocket making for a more comfortable carry especially when sitting down is not always a good choice. So if a jacket or shirt is covering the knife its concealed. I've seen guys use a very stiff material as attached to a lanyard hole so that no matter how long your shirt is it's never covering the knife.