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Maryland knife laws.
- Thread starter zach2556
- Start date
Sure!
So long as your not under 18 and it's after sundown, or on school grounds. But that's it.
Glistam,
Does the Maryland law give the limits of or define concealed carry? Where can fixed blades be carried or tranported in a manner not in compliance with the court ruling you posted above?
Would a FB carried inside a hunter's backpack be illegal? Many hunt from tree stands where a knife on the belt or even the outside of a backpack could be a safety hazard since it could easily catch on something. Just to be sure that I'm legal, I bought a larger folder for field dressing. (any excuse for a new knife
)
How about a FB in a moving box in the trunk of a car? If a typical Bladeforum member or like minded person is moving to a new home, a box of knives is very likely.
How about a FB in a drawer in my home? Probably 99%+ of kitchens in the state have fixed blade knives in a drawer.
Many thanks for your clarifications on MD knife law!
Allen
Gaithersburg
Does the Maryland law give the limits of or define concealed carry? Where can fixed blades be carried or tranported in a manner not in compliance with the court ruling you posted above?
Would a FB carried inside a hunter's backpack be illegal? Many hunt from tree stands where a knife on the belt or even the outside of a backpack could be a safety hazard since it could easily catch on something. Just to be sure that I'm legal, I bought a larger folder for field dressing. (any excuse for a new knife
)How about a FB in a moving box in the trunk of a car? If a typical Bladeforum member or like minded person is moving to a new home, a box of knives is very likely.
How about a FB in a drawer in my home? Probably 99%+ of kitchens in the state have fixed blade knives in a drawer.
Many thanks for your clarifications on MD knife law!
Allen
Gaithersburg
Last edited:
Hi Aread and welcome to the Knife Law forum.
It should first be stated that FB's are not expressly classed as weapons under the statutory law (the "book" law). Rather, the law just uses those vague terms "dirk" and "bowie knife." It happens that many officers interpret most FBs to fall within that meaning, but it's not absolute. In the case I mentioned earlier in the thread, Hutton v MD, his charges were dropped because his knives were of a non-offensive make and the defendant stated they were carried for utilitarian use.
The statutory law does not define concealment in any way. Rather, the best interpretations are based on the circumstances that occured in case laws. I have read quite a bit of both case law and court transcripts, and here is a good example to use. The case of Polk v Maryland concerned a man who had a fixed blade in his car while he was in it (he was also clearly high on something, otherwise the cops would never have bothered him).
The twist on this is when the concealed item is not "readily accessible." Typically items packed away inside backpacks, or boxes in the trunks of cars, do not meet this criteria. I have yet to see any case where the defendant was arrested for having his knife located in such a way, and know of at least one case where a police officer harassed a man I know who sold knives and was transporting his merchandise to his store. In that instance, while the officer was rude, ultimately no ticket or arrest resulted, and the officer would have been laughed at by the judge if he had.
Knives in the home are completely exempt from weapon laws. In at least two cases the police attempted to pin such a charge, and the court rejected it soundly, stating
As I have stated on many other threads, the are two important practical matters to consider when it comes to carrying knives:
1. Some cops are stupid. No offense to our forum members that wear the shield, but MD is one state where an officer actually ended up getting taken to federal court and losing his badge for this incorrect arrest over a concealed folding knife. The point is, just because you are 100% "right" in the eyes of the law doesn't mean you can't still get in trouble.
2. Cops 99.9999% of the time will not stop, search, or grill people who are minding their own business and not acting suspiciously or breaking the law. My own father and myself have been carrying small arsenals of sharp instruments (some legal and some grey area) for decades and have never even been questioned.
It should first be stated that FB's are not expressly classed as weapons under the statutory law (the "book" law). Rather, the law just uses those vague terms "dirk" and "bowie knife." It happens that many officers interpret most FBs to fall within that meaning, but it's not absolute. In the case I mentioned earlier in the thread, Hutton v MD, his charges were dropped because his knives were of a non-offensive make and the defendant stated they were carried for utilitarian use.
The statutory law does not define concealment in any way. Rather, the best interpretations are based on the circumstances that occured in case laws. I have read quite a bit of both case law and court transcripts, and here is a good example to use. The case of Polk v Maryland concerned a man who had a fixed blade in his car while he was in it (he was also clearly high on something, otherwise the cops would never have bothered him).
The twist on this is when the concealed item is not "readily accessible." Typically items packed away inside backpacks, or boxes in the trunks of cars, do not meet this criteria. I have yet to see any case where the defendant was arrested for having his knife located in such a way, and know of at least one case where a police officer harassed a man I know who sold knives and was transporting his merchandise to his store. In that instance, while the officer was rude, ultimately no ticket or arrest resulted, and the officer would have been laughed at by the judge if he had.
Knives in the home are completely exempt from weapon laws. In at least two cases the police attempted to pin such a charge, and the court rejected it soundly, stating
As I have stated on many other threads, the are two important practical matters to consider when it comes to carrying knives:
1. Some cops are stupid. No offense to our forum members that wear the shield, but MD is one state where an officer actually ended up getting taken to federal court and losing his badge for this incorrect arrest over a concealed folding knife. The point is, just because you are 100% "right" in the eyes of the law doesn't mean you can't still get in trouble.
2. Cops 99.9999% of the time will not stop, search, or grill people who are minding their own business and not acting suspiciously or breaking the law. My own father and myself have been carrying small arsenals of sharp instruments (some legal and some grey area) for decades and have never even been questioned.
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I have always wondered if the cases involving knives were mostly where the officer is looking for whatever is worth adding on as additional charges.
I can add one more case to this discussion.
About 12 years ago there was a fight between two junior high school students. The fight was not on school grounds, but it was across the street from a high school and it was near our home. Being Montgomery county, four police cars responded.
My son, also a junior high school student, was at home when the fight started and for no know reason slipped a sheathed FB knife in his pocket and walked down to watch the excitement. He was not involved in any way except as a bystander. After breaking up the fight, the police started asking the kids in the crowd if they had any weapons or knives on them. Unfortunately, my son didn't know the law (nor did I at the time) and being one of the most honest kids you could hope for, admitted that he had the knife.
He was arrested, his knife confiscated & I had to go to the police station to pick him up. There were no other repercussions other than a pre-trial diversion program.
I'm not sure what moral I can come up with for this, except to know the law. Lying to the police may have saved him grief, but could have made it much worse. Keeping his mouth shut may have been a better strategy, but he was only 10 years old.
Curiously, he's 22 now and trying to become a police officer.
Allen
About 12 years ago there was a fight between two junior high school students. The fight was not on school grounds, but it was across the street from a high school and it was near our home. Being Montgomery county, four police cars responded.
My son, also a junior high school student, was at home when the fight started and for no know reason slipped a sheathed FB knife in his pocket and walked down to watch the excitement. He was not involved in any way except as a bystander. After breaking up the fight, the police started asking the kids in the crowd if they had any weapons or knives on them. Unfortunately, my son didn't know the law (nor did I at the time) and being one of the most honest kids you could hope for, admitted that he had the knife.
He was arrested, his knife confiscated & I had to go to the police station to pick him up. There were no other repercussions other than a pre-trial diversion program.
I'm not sure what moral I can come up with for this, except to know the law. Lying to the police may have saved him grief, but could have made it much worse. Keeping his mouth shut may have been a better strategy, but he was only 10 years old.
Curiously, he's 22 now and trying to become a police officer.
Allen
It was an inexpensive drop point with a fixed blade about 5" long. Probably cost $10 at the time. Leather sheath.
Yeh, it was a stupid move. He was the subject of some bullying at the time. No excuse, but that was probably the reason. However, the officer didn't see the knife until after my son told him that he had it. A couple of officers were questioning all of the bystanders. As I understand it, the problem was because the knife was concealed in my son's pocket. According to the officer that I spoke to, if it had been in the open, he would not have been arrested.
Allen
Yeh, it was a stupid move. He was the subject of some bullying at the time. No excuse, but that was probably the reason. However, the officer didn't see the knife until after my son told him that he had it. A couple of officers were questioning all of the bystanders. As I understand it, the problem was because the knife was concealed in my son's pocket. According to the officer that I spoke to, if it had been in the open, he would not have been arrested.
Allen
That's consistent with my own research. Open carry has no restrictions even if it is a FB, and the police won't frisk people that were not committing crimes. In the Hutton case I mention further back, the guy also voluntarily disclosed that he was carrying a FB. It's worth noting in your case and Hutton that the consequences were relatively mild.
And interesting extra bit of law (that may not have been part of the statute 12 years ago) is this part:
And interesting extra bit of law (that may not have been part of the statute 12 years ago) is this part:
Hello Blade folks!
I recently purchased from my workplace in Harford County a Kurki Knife with a 10 3/4" blade and was wondering where I might go to see if it is legal for me to carry it.
The reason I'm coming here is because I was given a Wrath of Crap from one of my Co-Workers who says I can NOT Carry it on my hip.
Any help here would be greatly Appreciated!
I recently purchased from my workplace in Harford County a Kurki Knife with a 10 3/4" blade and was wondering where I might go to see if it is legal for me to carry it.
The reason I'm coming here is because I was given a Wrath of Crap from one of my Co-Workers who says I can NOT Carry it on my hip.
Any help here would be greatly Appreciated!
yujiro hanma
BANNED
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in order to carry it, it must be visible, that's all
You're coworker is a moron. Harford County only has laws against stun guns. The state of Maryland allows ANY weapon other than a handgun to be carried in plain sight with lawful intentions. Only concealed is restricted. Read the previous posts of this thread for details on Maryland law.
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- GLISTAM -
Thanks for the information that you provided on this topic. As a fellow MDer - from the Western part of the state, this info has been up for debate between my friends & I from some time. After calling & speaking with several people in law enforcement, we never did get a consistent answer. Your posts makes it all clear for me now.
Thanks for the information that you provided on this topic. As a fellow MDer - from the Western part of the state, this info has been up for debate between my friends & I from some time. After calling & speaking with several people in law enforcement, we never did get a consistent answer. Your posts makes it all clear for me now.
that was me...I'm the art teacher. they wanted me to plead guilty, my lawer (who cost me a pretty penny) negotiated a plea where I compleated 24 hours of community service and they charges were dropped. Unfortunatlly I have now been arested again, for the same knives. Its probublly very stupid of me, but after last time I though, If I keep my shirt tucked in, and the knives are not conceied there wont be a problem. I was wrong. the LEO pulled me over for a headlight, I showed him I had already been given a repair order that had two more weeks left before it was due. He asked, " is that marijuana i smell" I said no. (I have smoked pot before, but i recentlly compleated a rehab program and at that point had not smoked pot in almost 2 months. no way he smelled any) He said, would you mind stepping out of the vehicle. I said, "well are you asking or telling? because I'd rather not" he said I was being polite and asking, now i'm telling. at this point I did again tell him I had two knives on me, knowing he would find them when i was searched, and I pointed out that my shirt was tucked in so they were not conceiled. he said ok, no problem. he searched me, took the knives, and then asked to search my car. I said if your asking i'm saying no...so he said ok have a seat in your car. then they proceded to have a pow wow over the law books to find out how they could get me, I called the officer over and said, I know the law, if its a folding knife, its leagal to conceil, and if its a fixed blade, even a small one like these, they can not be conceiled, but mine were not, my shirt was tucked in. he said ok...walked back to the pow wow, then came back, asked me to step out, put my hands behind my back, handcuffed me and arested me for conceiled deadlly weapon. I said why? and he said, your shirt was untucked, I said, it was tucked in, and he said, no it was not. the other officers backed him up, I was placed in the police vehicle and they searched my car. after they found nothing, they still took me to jail for the knife. I even heard the aresting officer say to his other cop buddies, "I dont want a reputation for this" and they said "dont worry man, we got you"... in reply to the poster who said he carys conceiled weapons and doesnt get in situations where he will be searched, wake up, we live in a police state, they can do whatever they want, and they will back each other up when they lie. this time they said my shirt untucked, next time they could say I pulled a knife on them and they had to shoot me. just another little lie right?
Well don't just roll over and take it. Aren't you on camera the whole time during a traffic stop? They have dash cams. I'd like to see them lie their way out of that.
Btw they knew you had drug priors the moment they ran your plates. The "smell" might have been a ruse (might, I can smell pot in someone's car months later) but it wasn't completely made up on the spot.
Btw they knew you had drug priors the moment they ran your plates. The "smell" might have been a ruse (might, I can smell pot in someone's car months later) but it wasn't completely made up on the spot.
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Since a folding knife is considered a penknife and not a weapon, can it be carried concealed or does it have to be visible?
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^The folding knife concealed/not concealed issue has been explained many times in this thread already, but a folding knife is okay to carry in a pocket or sheath. A fixed blade must be visible Welcome new Md members!
Carl, we need to do another get together with all these new members
Is edgeworks still up and running?
CH
Welcome new Md members! Carl, we need to do another get together with all these new members
Is edgeworks still up and running?CH