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Maryland Knife and Pepper Spray Laws

Tusker

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Feb 20, 2009
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imported post

Paladin_Havegun_Willtravel wrote:
Last time I went to Maryland I checked and you can take a handgun, as long as it is kept, un-loaded in a locked box in the trunk of your car. You can have a loaded gun in your room.

I did not check on knife laws.
Sounds like a lot of BS to me. I don't have trunks to begin with. A locked box? Or just out of reach of the driver? And unloaded? --- The is no valid law that can require me to have a 'trunk'---- there must be more to this.?
 

echo6tango

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, Maryland, USA
imported post

Tusker wrote:
Paladin_Havegun_Willtravel wrote:
Last time I went to Maryland I checked and you can take a handgun, as long as it is kept, un-loaded in a locked box in the trunk of your car. You can have a loaded gun in your room.

I did not check on knife laws.
Sounds like a lot of BS to me. I don't have trunks to begin with. A locked box? Or just out of reach of the driver? And unloaded? --- The is no valid law that can require me to have a 'trunk'---- there must be more to this.?
U.S. CODE Title 18, Part I, Chapter 44, § 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.
 

Tusker

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Well, if we DEFINE a separate compartment as being divided by seats in a pickup, and inaccessible by the driver, then that covers it. :) Not trying to play any games here, just trying to clarify this. :)
 

mdgspmer

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I agree with you totally...after rereading the laws several times.

Being a knife dealer in maryland.

I still think its a gray area on wether or not i can sell switchblades to the open public (anyone) for now we only sell to police officers and active military(federal law)

i finally decided to purchase and carry a microtech ultratech OTF for my 2nd EDC.

(As i consider knives tools not weapons!!)

My first being an emerson cq7 wave.

Another gray area is the assisted OTF S&W knives not sure where they lie??
 

Snozy

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Dec 5, 2011
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Maryland
Allowed to carry

My father got me a buck knife that is like 11 inches long, and has a sheath..I am 19 years old and live in Baltimore county. Am i legally allowed to ware this outside? Because he says i can't and i would really like to openly carry this knife. For more reasons then just to "look cool" the people where i live are not to friendly and would rob you in a second and maybe having this on my hip could make a person think or two about robbing me.
 

Grapeshot

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My father got me a buck knife that is like 11 inches long, and has a sheath..I am 19 years old and live in Baltimore county. Am i legally allowed to ware this outside? Because he says i can't and i would really like to openly carry this knife. For more reasons then just to "look cool" the people where i live are not to friendly and would rob you in a second and maybe having this on my hip could make a person think or two about robbing me.
I would not, but then again I enjoy other options.

Follow the links and references.
http://www.donath.org/Rants/StateKnifeLaws/
 

Snozy

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Maryland
important

So you wouldn't because its illegal? Or because you don't want trouble from the police? and my knife is also a survival knife it has a saw and a compose and the handle is hollow so it has fishing line and ect in it. Is that still illegal?
 

Dreamer

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Tusker wrote:
U.S. CODE Title 18, Part I, Chapter 44, § 926A. Interstate transportation of firearms
Notwithstanding any other provision of any law or any rule or regulation of a State or any political subdivision thereof, any person who is not otherwise prohibited by this chapter from transporting, shipping, or receiving a firearm shall be entitled to transport a firearm for any lawful purpose from any place where he may lawfully possess and carry such firearm to any other place where he may lawfully possess and carry such firearm if, during such transportation the firearm is unloaded, and neither the firearm nor any ammunition being transported is readily accessible or is directly accessible from the passenger compartment of such transporting vehicle: Provided, That in the case of a vehicle without a compartment separate from the driver’s compartment the firearm or ammunition shall be contained in a locked container other than the glove compartment or console.

This is what is more commonly known as the FOPA Rule (Federal Firearms Owner's Protection Act) and was implemented to protect people who were transporting leagally-owned firearms across states that might not be particularly firearms-firendly. FOPA only applies to trips that TRANSIT a state--meaning you are driving through and making no extended stops. You may make "incidental stops" under FOPA (like to buy fuel, eat meals, use rest stops, etc). But you may not stop overnight, or make "non-necessary" stops like go to a shopping mall or some sort of amusement or entertainment venue.

However, if you make additional or extended stops in MD, they have some additional laws regulating transport. In MD, you may ONLY transport a firearm out of your home if you are going to an "approved location". These include gunsmiths, gun shops, pawn brokers, shooting ranges, or "official competitions" whatever that means. You MAY transport your handgun under those conditions, but it MUST be unloaded, locked in an "inaccessible compartment" which is not the glovebox, and the ammo must be separate from the gun (mags can be loaded..)

So say for instance, you live in VA, and are visiting family in PA, and you drive through MD with your 1911. If you make no stops, to be legal under FOPA, you should unload your gun, place in in a case in the trunk (or in a locked box if your vehicle has no trunk, in a place that is inaccessible by the driver) and the ammo needs to be stored separately (but does NOT need to be in a locked container too)

HOWEVER, if you are planning to stop and visit a friend in MD on the way, and maybe stay for the day and have dinner at their house, or stay overnight, then there is NO LEGAL WAY to do so if you are transporting a firearm from out of state. If your friend's house is not a gun shop, or a gunsmith, or a shooting range, then it is NOT an "approved destination" under MD transport laws...

The best thing to do is avoid traveling through MD with firearms of any kind. Actually, the best thing to do is to avoid MD altogether, because every penny we (as law-abiding gun owners and 2A activists) spend in MD--on gasoline, food, hotels, entertainment, tolls, etc--is more money into the coffers of the gun-grabbing traitors in Annapolis, and more money to support the treasonous Maryland State Police and their corrupt cronies in the "4 urban counties".

As for knives, LEOs in MD can, may, and WILL (if they have a burr in their saddle for you) arrest you for carrying a pair of concealed nail clippers, and depending on the district where the case is to be heard, you may or may not actually be convicted. The courts in MD are nearly as corrupt as the police in the "4 urban counties". The only cases like this that rule strongly and reliably for the People, and for the Rule of Law are Federal Appeals Courts...
 
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Dreamer

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I would not, but then again I enjoy other options.

Follow the links and references.
http://www.donath.org/Rants/StateKnifeLaws/

The first line in the MD section of this website is inaccurate:

  • [FONT=arial, helvetica]Summary: "Penknives" are OK. Anything else is borderline illegal and may require a concealed weapon permit.[/FONT]
[FONT=arial, helvetica]

There is no such thing as a "concealed weapons permit" in MD.
[/FONT]

Maryland issues a "Permit to Carry a Handgun" and it makes no stipulation on the permit itself or in the statute that it is solely for CC. In fact, under MD law, you need one of these Permits to carry a loaded handgun in ANY configuration--on your person or in your vehicle--ANYWHERE off your own property. It is only certain municipalities that regulate, restrict, or outright ban OC--there is NO state law that bans OC if you have a MD Permit. If you have one of the rare MD permits, there are many parts of the state where OC is perfectly legal--in the rural parts of the state, although it is incredibly rare to see unless you are way out in the boonies, and even then it's nearly non-existent, because few of the people in the rural counties are rich, influencial, or well-connected enough to obtain a MD Permit.

http://www.usacarry.com/maryland_concealed_carry_permit_information.html

The interesting thing about this permit is that although it says on the card that it is a "Permit to Carry a Handgun", the STATUTE gives you "permission" to also carry any number and type of OTHER concealed weapons--knives, pepper spray, mace, collapsible batons, etc...
 

Snozy

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Maryland
Legal or illegal

i simply just want to be able to walk to the street with my knife on my side and not go to jail for it. Ive been looking all over the internet for a solid answer, but it seems i cannot find one. I see people say they carry a bowie knife and some say its illegal..Can anybody clear this for me? Is it in fact illegal to carry my bowie knife in Baltimore county, or is it perfectly legal?
 

Dreamer

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i simply just want to be able to walk to the street with my knife on my side and not go to jail for it. Ive been looking all over the internet for a solid answer, but it seems i cannot find one. I see people say they carry a bowie knife and some say its illegal..Can anybody clear this for me? Is it in fact illegal to carry my bowie knife in Baltimore county, or is it perfectly legal?
Under MD Law, a "Bowie knife" is specifically enumerated as a "dangerous weapon" and as such may NOT be carried concealed on or about the person.

However there is NO prohibition in MD STATE law that prohibits the open carry of a Bowie knife in plain view, unconcealed:

Maryland Criminal Code Title 4-101:

(5) (i) "Weapon" includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku.

(c) Prohibited.- (1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.
And according to the MD Courts, you can even carry it in a box or backpack or bag, or in your car and be 100% legal.

Specifically, see "Polk v. Maryland, 2007." which not only addresses "concealment" and "bowie knives", but occurred in Baltimore, and so, should be indicative of the legality of non-concealed carry of such a "weapon" in Baltimore, at least as a matter of Common Law and Case Law:

http://caselaw.findlaw.com/md-court-of-special-appeals/1219118.html

However, although the MD statutes go to GREAT LENGTHS to describe and define "weapons", they DO NOT specifically define, delineate, or otherwise instruct as to the meaning of "concealed". In fact, nowhere in the MD statute will you find a definition of "concealed" with regards to carrying weapons. This was done INTENTIONALLY as part of MD's 2+-century old Jim Crow program of selective citizen disarmament, so that--depending on the wealth, "connectedness" and political gravitas of the person in question, officers can use their own discretion (read: they can make s4!+ up) as to whether a weapon is "concealed" or not. Many people have been arrested for carrying concealed weapons in MD that were in plain view.

I'm still not sure how that works, but apparently, the Rules of Logic (as well as most of the US Constitution) is in a state of suspension in the Courts and the LEAs of the PRM...

BTW, Cecil, Anne Arundel, Talbot, Harford, Caroline, Prince George's, Montgomery, St. Mary's, Washington, Worcester, Kent, and Baltimore Counties have special prohibitions regarding children under 18 carrying knives. See § 36(a)(3)

Also, Baltimore City, Baltimore County, and Montgomery County--I know for a fact--have NO laws, statutes, codes or regulations that prohibit the open carry of fixed-blade knives. And like I said above, neither does the State of MD.

Also there is NO law in MD regarding "maximum blade lengths" of folding knives. Period. End of discussion. The "4 inch blade maximum" myth is just that, a MYTH.

If anyone tells you otherwise, INSIST that they show you the statute, code, law, statute, or case law precedent to support their assertion that OC of fixed-blade knives or pocket carrying of big folders is illegal. If they can't (and they CAN'T because they don't exist, except in a few municipalities), then loudly and publicly call "shenanigans", point and laugh at them for the fool they are...


All that said, however, the police in MD can arrest you for ANYTHING they want to, even for NOT breaking the law. As they say in law school, you can indict (or arrest) a ham sandwich. Especially in the Glorious Fiefdom of Bulletmore, Murderland.

Getting a conviction on that ham sandwich is an entirely different thing altogether.

What it boils down to is that in the City of Bulletmore, Murderland, there is NO guarantee that ANYTHING you do will not get you arrested. You can be (and people HAVE BEEN) arrested in Bulletmore for just walking down the street, minding their own business and being COMPLETELY unarmed. People have been arrested for doing things that are 100% legal, like videotaping police. People have been arrested for asking a question at press conferences of public officials. People have been arrested because of the color of shirt they wore, or because they just happened to be walking in a certain neighborhood at a certain time. A young VA couple were BOTH arrested and incarcerated for 8 hours in Baltimore in 2006 after an Orioles game because they were lost, and asked a BPD officer for directions. REALLY...

http://www.wbaltv.com/news/9229472/detail.html

In short, the ONLY way to guarantee that you won't get arrested in Baltimore is to NEVER VISIT BALTIMORE...

Short of that, you need to know that every time you cross the city limits into "Charm City", you run the risk of arrest, police brutality, false arrest, and civil rights violations. Along with Chicago and DC, Bulletmore has perhaps one of the most on-the-record corrupt municipal LEAs in the nation.

In 2010 alone, the City of Bulletmore paid out $3.7 MILLION in settlements to victims of civil rights violations and police brutality. That's JUST the city of Bulletmore--not the whole state of MD--JUST the City of Bulletmore...

http://www.baltimorebrew.com/2011/11/23/city-to-pay-107k-to-settle-two-more-police-lawsuits/

Just FYI...
 
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MudCamper

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Sep 17, 2007
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Sebastopol, California, USA
I'm heading to Frederick on business again. I did a Duck search for Maryland knife and pepper spray laws, and this thread was in the top results! Funny. It's been a few years since I've logged on to OCDO.

So, unless new laws have been passed in the past 5 years, it looks like I am still good to go with my CRKT folder and Fox Labs pepper spray, concealed.
 

solus

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welcome to the OPEN CARRY firearm forum and you ping'd a 4 year olde thread so i wouldn't put much faith in anything regarding legality of absolutely nothing in it.

but welcome, anyway...

ipse
 

JamesCanby

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Alexandria, VA at www.NoVA-MDSelfDefense.com
Paladin_Havegun_Willtravel wrote:


Sounds like a lot of BS to me. I don't have trunks to begin with. A locked box? Or just out of reach of the driver? And unloaded? --- The is no valid law that can require me to have a 'trunk'---- there must be more to this.?
According to Maryland firearms law, not only must a handgun be secured in a container out of your reach, you must be traveling to or from a gun-oriented event, e.g., to or from a range, gunsmith, gun dealer, or a business you own. Having it secured in your trunk or in a compartment you cannot reach while driving "just in case you might need it" is not legal.
 

swinokur

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Jun 2, 2009
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Montgomery County, MD
There is nothing in the MD statutes that requires a firearm be "out of reach". Only that it be unload and in an enclosed case or holster. It can only be transported to the allowed activities listed.

loaded mags are also legal.


MD statue 4-203

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources–sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;
http://mgaleg.maryland.gov/webmga/frmStatutesText.aspx?article=gcr&section=4-203&ext=html&session=2015RS
 
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solus

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uh, swinokur & JamesCanby
1. MudCamper who is the latest post to this FOUR year olde thread asked specifically about knives and pepper spray...
2. the crap you are arguing about was posted a LONG time ago in a different era..

put your hackles down and start a new thread on current issues to expend you energy on...

just saying...,

ipse
 

swinokur

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Montgomery County, MD
I responded because the info that was posted was incorrect,. The age of the thread or the OP is irrelevant to me. accuracy of the info was the salient point.

congrats on your promotion to mod.
 
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Grapeshot

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--snipped--
congrats on your promotion to mod.
All members/users are encouraged to consider their words before posting AND to help moderate the site by suggesting/directing others to do likewise.

BTW - being a Moderator is not necessarily a promotion, but it does allow John to keep track of us more easily......and we still have buy our own hats and logo shirts.
 
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