What you should know about the legality of OTF knives in Maryland
OTF knives explained
OTF stands for "Out-The-Front" that are a type of folding knife that has a blade that is concealed inside the handle, comes out and folds back into itself. OTF knives deploy and retract the blade using a sliding mechanism, which is within the handle itself. Most OTF knives will have a thumb slider on the side. The handle is usually rectangular in shape and contains a blade that can either fold out in one direction or extend on both sides (foldable double action OTF knife). Out-the-front knives can be considered semi-automatics as well.
They are also designed for ease of use. You just simply press the slider , and the blade will shoot out to expand and to retract with ease. OTF’s form a single unit, meaning the blade does not come separate from the handle. OTF knives are considered to be one of the most dependable mechanisms of any folding knife as compared to other mechanisms. As a result of the blade coming out the front of the handle, this also means no catch points for the knife. The only moving parts of OTF knives are simply the blade itself and the slider.
Maryland knife laws explained
Like most states, the laws which govern the use and possession of knives in Maryland vary from county to county. The state, however, has laws that can override these local laws and apply throughout the state.
As an example, it is illegal to carry any "dangerous weapon intended or likely to produce physical injury to another person" with intent to injure a person or damage property, MD Crim. Law 4-101. Carrying, wearing or transporting any such weapon during the commission or attempted commission of a crime of violence is also illegal, MD Crim. Law 4-102.
A "dangerous weapon" in this case is defined as anything "adapted or designed to inflict injury, serious injury or death by a cutting, stabbing or tearing action."
Maryland’s criminal statute does not have a restriction on the carrying and concealing of knives in general, but a conviction for wearing, carrying or transporting a "dangerous weapon with intent to injure or kill without legal justification," carries up to three years imprisonment and/or a fine of $1,000.
Knives are also prohibited in schools of all kinds and at day care facilities. Certain other knife types are explicitly prohibited in the state, and you’ll find these in the section below.
In existing jurisprudence, certain types of spring-loaded knives are considered illegal under the pretense that they are switchblades. To be clear, these laws do not apply to assisted-opening knives. However, if you have been caught in a situation where the law has classified your knife as a switchblade, contact a defense attorney. Every case is different and there may be specific ways you can argue against the law’s interpretation.
Many areas in Maryland claim to allow for the carrying of concealed knives. In these areas, law enforcement and other officials will turn a blind eye to the carrying of most knives below a certain length or with certain characteristics, though you will need to err on the side of caution and do additional research.
Are OTF knives legal in the state of Maryland?
Yes, OTF (Out The Front) knives are legal to own and carry without restriction in the state of Maryland with the following exception:
(i) a switchblade knife that:
(1) opens automatically or propelled by gravity; and
(2) has a blade length of 3 inches or more.
The state also prevents "any person" who is under the age of 18 from possessing a pocket knife with a blade length of at least 3 inches in any public place. Note that a pocketknife is defined as any knife with a folding blade that folds into the handle, and includes the following:
- (1) skate key;
- (2) utility knife;
- (3) pocket knife;
- (4) utility tool; or
- (5) similar device.
OTF knives do not fall under this purview because they do not possess a folding blade which folds into the handle.
Penalties for illegal possession
Even though knives are not considered deadly weapons per se, they still fall under the category of dangerous weapons or instruments and are, therefore, illegal to have, on or about you, with the intent to injure; to unlawfully conceal; and/or to carry openly with the intent or purpose of causing injury or fear to another person, in addition to being illegal to use or carry openly as a means of self-defense. A violation of Maryland Code Ann. Cr. § 4-101 affects the following weapons:
While you may not be charged with a crime if you carry a knife for work, it does not give you a blanket allowance to be reckless about how you carry or hide the blades you use.
Because OTF knives are dangerous weapons not allowed in most county buildings or park lands, carrying an OTF knife outside of your home or office is strongly discouraged, even for work. This is true barring your work duty requires the use of that type of knife and you have proper permission from the employer. Otherwise, there is a risk of violating the law. Potential legal penalties for violations include an arrest and subsequent criminal charges.
However, violations of knife laws are not universally prosecuted. Yelling flailing and violent behavior with a knife can attract attention and can get you arrested and charged. Much depends on the officer who observes your actions and takes you into custody. The decision to prosecute is shaped by who the officer calls to the scene, how well they know you, and what they think of the situation.
No doubt, prosecutors take this type of offense seriously, but knife cases often get pled down to lesser charges such as disturbing the peace or disorderly conduct. This is especially true if the prosecutor believes the case can be proven. Also, pleading the case down to a different charge provides the prosecutor with a fast win. Most importantly, a plea deal saves the court time and resources.
Generally, the maximum penalty for violating Maryland Code Ann. Cr. § 4-101 is three years in prison and a $5,000 fine.
All you need to know about OTF knives ownership and carry in Maryland
In the state of Maryland, individuals seeking to own and carry OTF knives may have limited legal options, but several routes can be taken to ensure compliance with relevant state and local laws. Currently, Maryland law restricts concealed carry of blades with a blade length that exceeds 3 inches, which presents challenges for individuals seeking to carry concealed OTF knives. The concealed carry of any knife, including OTF knives, is also subject to strict guidelines under Maryland’s concealed carry law.
However, individuals may carry OTF knives openly, provided that the knives are not used in committing a crime or carrying out a dangerous weapon intent. For those who primarily use OTF knives for purposes other than self-defense, such as collection, utility, or craft, open carrying may be reasonable. Additionally, you should keep in mind possible local restrictions on carrying knives, as some counties may have additional ordinances to comply with.
Whether or not you can own and carry an OTF knife in Maryland depends on your level of need. If you need to carry OTF knife solely for work or utility purposes , it is advisable to speak with your employer about an exemption from rules restricting the carry of knives, or to explore open carrying of your knife in public. If your purpose is self-defense, however, you may consider applying for a concealed carry permit to cover your concealment of the knife. If self-defense is your reason for ownership, an OTF knife can be a crucial, practical tool for personal safety, and carrying one is essential in order to safeguard yourself.
Whatever the reason for your ownership of an OTF knife, you should ensure that you are following all relevant regulations governing the carry and use of knives in the state — this includes state permits, local permitting or rules, and regulations regarding the open and concealed carrying of the knife. To stay safe and to protect yourself, be sure to stay up-to-date on relevant knife laws and to seek legal advice if you are involved in a dispute over the legality of carrying OTF knives in the state.
OTF knife law in other states
In contrast to the knife laws of other states, the specific language for the Maryland statute regarding OTF knives is offered in an enumerated format. We take this opportunity to compare the language of the Maryland statute with the the laws of other states.
The term "automatic knife" in Maryland is similar to the term "switchblade" which is found in other jurisdictions. For example, Ohio has a very similar statute for switchblade knives. As well, there are several states that still use the term "life endangering knife" (see for example Mich. Ann. Stat. 488.491(2)(a) and Pa. Cons. Stat. 13 Sec. 908(a)) for various kinds of automatic knives. The concept in Maryland law is similar to that of "life endangering knives" in these other jurisdictions. In fact, even in states that do not ban them outright, some still allow them to be carried only within certain limitations – such as folding knives, dirks, daggers, bowie knives, dirks, canes, and stilettos – while forbidding those previously listed (except folding knives) from being carried on school grounds – and in ways similar to Maryland law by using a term like "life endangering knives").
As noted, many states have different terminology about the kinds of knives that they ban. For example, regardless that the term "switchblade" is used in both Ohio and Maryland, in Ohio, "switchblades" are only defined as knives with blades that can be opened by some mechanism (gravity, pressure, inertia, or a noose) and are therefore not entirely out-the-front knives, but those defined as automatic knives. This is not the case in Maryland where they are strictly automatic knives. Many of the state laws related to knives still remain unfinished business as to specific definition and interpretation.
Common questions about OTF knives in Maryland
Q: Are out-the-front (OTF) knives legal in Maryland?
A: It’s not illegal to possess an OTF knife in Maryland, but it’s a gray area with some caveats. The law banning switchblades was repealed in 2017 and HB-4, which allows for both open carry and concealed carry of knives, was passed into law and went into effect October 1 , 2017.
Q: What does "on demand" mean when talking about OTF knives?
A: This means that the knife opens by applying pressure directly to the blade to deploy the blade and close the knife. You know the knife is "on demand" and legal if it’s opened and closed by pushing a button manually.
Q: I can’t carry my knife into a school or into other government buildings, correct?
A: Correct. It is illegal in Maryland to carry any knife into a school, library, daycare, courthouse, polling place, and other specific buildings.