Knives are illegal?

SA475

"Mark It Zero"

Tech

Well-Known Member
There would be pictures but a cop would have been in the frame, don't need to get locked up.
 

onel0126

Bead mumbler
Of course the news item didn't say what kind of knives, but I am curious as to the charge. I ALWAYS carry a knife in my car. Have for years.

Teen Jailed for Knives Found at Traffic Stop - Southern Maryland News, Charles County, Calvert County and St. Mary's County News

I was down at Allens Fresh kayaking last week. As I was loading my kayak into my truck (parked on the dirt road that parallels Budds Creek Road) this short mexican guy came out of the woods with a machete. Blade was about 18-24" long. He threw it in his car and left. I was thinking about this when I read the story above. I imagine he would have had trouble justifying having that in his car. I have a swiss army knife that is always in the cup holder in my truck.
 
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kom526

They call me ... Sarcasmo
Pocket knife = Concealed deadly weapon
Which is :bs:

Knives are just tools :shrug: As far as the machete, aside from the racial stereotype, all dude would have to say is that he was fishing/hiking at Allens Fresh and was using it to clear trails. (I doubt that would carry much water if stopped and searched even if it was the truth.)
 
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chernmax

NOT Politically Correct!!
Here's what I found:

§ 4-101. Dangerous weapons.

(a) Definitions.-

(1) In this section the following words have the meanings indicated.

(2) "Nunchaku" means a device constructed of two pieces of any substance, including wood, metal, or plastic, connected by any chain, rope, leather, or other flexible material not exceeding 24 inches in length.

(3) (i) "Pepper mace" means an aerosol propelled combination of highly disabling irritant pepper-based products.

(ii) "Pepper mace" is also known as oleoresin capsicum (o.c.) spray.

(4) "Star knife" means a device used as a throwing weapon, consisting of several sharp or pointed blades arrayed as radially disposed arms about a central disk.

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

(ii) "Weapon" does not include:

1. a handgun; or

2. a penknife without a switchblade.

(b) Exceptions for certain individuals.- This section does not prohibit the following individuals from carrying a weapon:

(1) an officer of the State, or of any county or municipal corporation of the State, who is entitled or required to carry the weapon as part of the officer's official equipment, or by any conservator of the peace, who is entitled or required to carry the weapon as part of the conservator's official equipment, or by any officer or conservator of the peace of another state who is temporarily in this State;

(2) a special agent of a railroad;

(3) a holder of a permit to carry a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; or

(4) an individual who carries the weapon as a reasonable precaution against apprehended danger, subject to the right of the court in an action arising under this section to judge the reasonableness of the carrying of the weapon, and the proper occasion for carrying it, under the evidence in the case.

(c) Prohibited.-

(1) A person may not wear or carry a dangerous weapon of any kind concealed on or about the person.

(2) A person may not wear or carry a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual in an unlawful manner.

(3) (i) This paragraph applies in Anne Arundel County, Baltimore County, Caroline County, Cecil County, Harford County, Kent County, Montgomery County, Prince George's County, St. Mary's County, Talbot County, Washington County, and Worcester County.

(ii) A minor may not carry a dangerous weapon between 1 hour after sunset and 1 hour before sunrise, whether concealed or not, except while:

1. on a bona fide hunting trip; or

2. engaged in or on the way to or returning from a bona fide trap shoot, sport shooting event, or any organized civic or military activity.

(d) Penalties.-

(1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $1,000 or both.

(2) For a person convicted under subsection (c)(1) or (2) of this section, if it appears from the evidence that the weapon was carried, concealed or openly, with the deliberate purpose of injuring or killing another, the court shall impose the highest sentence of imprisonment prescribed.
 

chernmax

NOT Politically Correct!!
OK, found this site: http://pweb.netcom.com/~brlevine/md.txt

Which includes citations of various case laws, including:

- "'Gravity knife' constituted a dangerous or deadly weapon."
(1964)
- "Pocketknife with the blade already open did not require
any time to open the knife, as one would with a penknife,
contained all the offensive qualities of a switchblade or
gravity knife because it was instantly available for
violent use, and was not a penknife within the statutory
exception." (1990)
- "On the face of the statute, there is no indication
contradicting the view that a penknife is a penknife
whether small or large, whether the blade is closed or
open, whether the blade is locked open or unlocked, and
whether it is carried concealed or openly." (1991)
- "A folding knife without switchblade but with a locking
device... falls within the exception for 'penknives
without switchblade" in this section." (1986)
- " A buck [sic] knife (a knife having a blade which folds
into the handle and which locks into place when open)
carried with the blade open was 'penknife without
switchblade' within statutory exception, and this status
was not altered by knife's blade-locking device or fact
that it was carried with its blade open." (1991)


Notice that the courts disagree with each other with regard to carrying a folding knife in the open possition. Regardless of that, they all rule that a closed folding knife is legal.
 

limblips

Well-Known Member
PREMO Member
My daughters (no criminal record) car was in the shop so she borrowed my hunting truck. She got pulled for speeding and the cop asked permission to search the vehicle. She OK'd the search and he found my gut hook and skinning nife on the seat under some other hunting stuff (vest, ground seat etc...). He wrote her for concealed weapon and confiscated my knives. I made a visit to the precinct and voiced my displeasure since it was obviously my hunting vehicle (gun rack, gear, calls, antlers). The officer involved decided he didn't want to pursue the issue since I mentioned a lawyer. I support the police, but I also support common sense.
 

onel0126

Bead mumbler
My daughters (no criminal record) car was in the shop so she borrowed my hunting truck. She got pulled for speeding and the cop asked permission to search the vehicle. She OK'd the search and he found my gut hook and skinning nife on the seat under some other hunting stuff (vest, ground seat etc...). He wrote her for concealed weapon and confiscated my knives. I made a visit to the precinct and voiced my displeasure since it was obviously my hunting vehicle (gun rack, gear, calls, antlers). The officer involved decided he didn't want to pursue the issue since I mentioned a lawyer. I support the police, but I also support common sense.

Nothing against your daughter or anyone else BUT....Why do people blindly give consent for their vehicles to be searched? I fully understand that if you decline, you are in for a bit of a headache. A dog may be called in to walk around your car and you immediately become suspicious in the officer's eyes. BUT, it is not like refusing a breathylizer. If you were pulled over for speeding or a related minor traffic violation, don't have any warrants, comply fully with the officer you have nothing to worry about by saying NO, you may not search my car without probable cause.
 

SA475

"Mark It Zero"
Nothing against your daughter or anyone else BUT....Why do people blindly give consent for their vehicles to be searched? I fully understand that if you decline, you are in for a bit of a headache. A dog may be called in to walk around your car and you immediately become suspicious in the officer's eyes. BUT, it is not like refusing a breathylizer. If you were pulled over for speeding or a related minor traffic violation, don't have any warrants, comply fully with the officer you have nothing to worry about by saying NO, you may not search my car without probable cause.

Agreed...
 

tom88

Well-Known Member
My daughters (no criminal record) car was in the shop so she borrowed my hunting truck. She got pulled for speeding and the cop asked permission to search the vehicle. She OK'd the search and he found my gut hook and skinning nife on the seat under some other hunting stuff (vest, ground seat etc...). He wrote her for concealed weapon and confiscated my knives. I made a visit to the precinct and voiced my displeasure since it was obviously my hunting vehicle (gun rack, gear, calls, antlers). The officer involved decided he didn't want to pursue the issue since I mentioned a lawyer. I support the police, but I also support common sense.

Right....because police officers never hear that so if someone were to mention a lawyer they are going to quiver and drop everything. :sarcasm:
 

SA475

"Mark It Zero"
Right....because police officers never hear that so if someone were to mention a lawyer they are going to quiver and drop everything. :sarcasm:


I think that what happened is that the cop realized that the charges wouldn't stick given the defense provided. I'm pretty sure that he explained the situation to them and that "legal representation" was brought up at some point. I would have done the same thing...
 

dave1959

Active Member
I agree completly with all the replys, but in this police brief it did not state what the kid was arresed for...It just says he was arressed.
 

ImnoMensa

New Member
I agree completly with all the replys, but in this police brief it did not state what the kid was arresed for...It just says he was arressed.

The kid down the street from me got stopped. he had those jacks in the car that make it jump up and down and he made the mistake of jumping it in the shopping center.

The officer searched his car and found a hunting knife in the trunk and charged him with a concealed weapon. The kid is a nice kid and it took his dad a lot of trouble to get the charges dropped, when there shouldnt have been any charges to begin with.
 

Lenny

Lovin' being Texican
Nothing against your daughter or anyone else BUT....Why do people blindly give consent for their vehicles to be searched? I fully understand that if you decline, you are in for a bit of a headache. A dog may be called in to walk around your car and you immediately become suspicious in the officer's eyes. BUT, it is not like refusing a breathylizer. If you were pulled over for speeding or a related minor traffic violation, don't have any warrants, comply fully with the officer you have nothing to worry about by saying NO, you may not search my car without probable cause.

In fact, it is recommended you lower your window only far enough to speak with the officer and hand over license and registration. That way he cannot stick his face in enough to say he saw or smelled dope that would give him probable cause to search your vehicle. If he asks how fast you think you were going, don't say anything above the speed limit which is an admission you were speeding. If he asks you to exit the vehicle, roll up the window, get out quickly locking the door and close it. If he wants to search, he needs a warrant and he's going to be too busy to wait for the dog-search or warrant.
 

tom88

Well-Known Member
I think that what happened is that the cop realized that the charges wouldn't stick given the defense provided. I'm pretty sure that he explained the situation to them and that "legal representation" was brought up at some point. I would have done the same thing...
I don't know I wasn't there. I agree that when the father showed up to explain why he had the weapons in the car the officer agreed with the explanation and gave them back. My point was that I doubt the talk of "legal representation" had any bearing on the matter what so ever.

I know for a fact that cops are told all the time people are getting their lawyers or the cops are going to be sued. I also know that out of all the cops I know this type of threat never bothers them. It's par for the course.
 

edinsomd

New Member
Agreed...

I made this point a while ago, and got royally flamed for my trouble. It's called the Fourth Amendment.

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
 
L

letmetellyou

Guest
The kid down the street from me got stopped. he had those jacks in the car that make it jump up and down and he made the mistake of jumping it in the shopping center.

The officer searched his car and found a hunting knife in the trunk and charged him with a concealed weapon. The kid is a nice kid and it took his dad a lot of trouble to get the charges dropped, when there shouldnt have been any charges to begin with.
That sounds like the biggest load of bull #### I have ever heard on here. Where and when did it happen? Give me a date it happened, I know someone who can research it and find the report.

If you are going to make something up, make it at least plausible. I hate freaking liars!
 

itsbob

I bowl overhand
I think this goes along with my post awhile back.. NEVER consent to a search because you'll NEVER be 100% sure you don't have something illegal in your car.

Hell, I don't even know that IS illegal to possess anymore. What constitutes a "dangerous weapon"?? You can kill someone with a screwdriver.. How about "burglary tools!"? Can anyone define those for me?

I've had my LR for almost 8 years. What I had in that truck 8 years ago and forgot about MAY have been legal then, but not legal today.
 
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