If possible I'd still like to hear a clear explanation of knife laws in Maryland (as they apply in the Baltimore case...) where it's been said in the press that under state law you have one situation under city law in Baltimore you have a different legal situation...
This seems less than reasonable to this old retired cop...
You got it. Just to get a few things out of the way first:
1. The knife in that specific case you're talking about is not actually been shown or identified, but most sources seem to indicate it was an assisted opener and
not a switchblade.
2. I am neither LEO nor lawyer, but I live in MD and have spend a decade researching the laws of the state, including going to courthouses, reading transcripts, interviewing State's Attorneys and cops.
Alright so state law re knives is under
4-105 and
4-101 of the criminal code. 4-105 makes it illegal to sell or advertise switchblades. It doesn't address carry but it does provide the legal definition of what a switchblade is for purpose of other statutes.
"a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife"
The underlined text is identical legal language used in the federal statute, which has been ruled to not include assisted openers. I have yet to verify a single prosecution for an A.O. in the state of Maryland. I
have had people anecdotally claim they heard someone got arrested for one, but they never have any proof it happened. In the one incident where I was talking to someone directly who claimed he was arrested for an A.O., I determined his real identity, went to the courthouse he was charged at, read the police report and court transcript, and found he was actually arresting for punching his girlfriend in the face. So I take anecdotal evidence with a grain of salt.
The carry statute 4-101, summed up, makes it illegal to carry certain weapons concealed. This includes switchblades explicitly, but specifically excludes "penknives." This is not defined but a major case in the 70s ruled it's all folders, no matter the size or mechanism, so long as it's not a true switchblade. That court decision is still in force today. A 2002 case where an Charles County sheriff's dept officer arrested a man for a folder resulted in the charges being dropped and the officer held liable in federal court for violation of civil rights. Might be worth mentioning the officer was white and the detainee was black, and that the detainee had done nothing wrong at all; it was merely mistaken identity, and the arrest for the knife was made
after he was determined at the scene to be innocent of any other crime. Officer claimed he didn't know any better about the penknife exception; court said it's your friggin' job to know the law when you arrest someone.
Anyhow, where it gets sticky is Baltimore City Code, specifically
Article 19 (Police Ordinances), Subtitle 59 (Weapons), Section § 59-22. It makes it illegal to merely possess a switchblade, including ownership or carry of any kind, concealed or not. It defines a switchblade as:
any knife with an automatic spring or other device for opening and/or closing the blade
That is where the problem lies. This language is very different from the vast majority of switchblade statutes in it's phrasing and
could be interpreted to include assisted-openers, even if that was not intended. Even if a court were to rule that this does not include assisted openers, officers would have grounds to claim they reasonably felt this law included them if there was no other guidance (such as a training or memo). Is it a stupid law? Yes, absolutely. But it was the law in effect at the time. I only hope this creates enough of a stink that the city will repeal it. I even hear liberals in my area say these knife laws are stupid, even if their reasoning is that it lets cops have excuses to harass minorities. Hey whatever works to get the law repealed, especially if you can get both sides of the aisle on board.
