Maryland Knife Laws 2025 Update

Introduction

Maryland’s legal framework surrounding the ownership, carrying, and sale of knives presents a multifaceted landscape that requires careful consideration. While seemingly straightforward at first glance, the nuances within state statutes, coupled with interpretations derived from case law and the potential for varying local ordinances, contribute to a level of complexity that can be challenging for individuals to navigate. This report aims to provide a comprehensive and authoritative analysis of these regulations, drawing upon available legal information to offer clarity for the general public. Understanding these laws is not merely an academic exercise; it is a fundamental aspect of responsible knife ownership and a crucial element in ensuring compliance with legal standards to avoid potential legal ramifications. Furthermore, given the potential for local jurisdictions within Maryland to enact regulations that are more stringent than those at the state level, a thorough understanding of both is essential for all residents and visitors.

Definitions of Key Terms

A foundational understanding of Maryland knife laws necessitates a precise grasp of the definitions assigned to various types of knives within the legal context. The term “penknife” holds a particularly significant position, defined as any knife featuring a blade that folds into the handle. Importantly, the legal classification of a knife as a penknife remains unaffected by factors such as the blade’s length, the presence of a locking mechanism, or whether the blade is carried in an open or closed position. A critical aspect of this definition is the explicit exclusion of a “penknife without a switchblade” from the statutory definition of a “weapon” when considering restrictions on concealed carry. This exclusion provides a significant degree of freedom for individuals carrying common folding knives. Furthermore, legal precedent establishes that the burden of proof rests with the state to demonstrate that a particular knife does not qualify as a penknife.

In contrast, a “switchblade knife,” also frequently referred to as an “automatic knife” or an “OTF (Out the front)” knife, is defined as a knife, including a penknife, that features a blade which opens automatically through the application of hand pressure to a button, spring, or other activating mechanism located on the handle.¹ Similarly, a “gravity knife” is legally defined as any knife possessing a blade that is released from the handle or sheath by the force of gravity or through the application of centrifugal force, and which, upon release, is secured in place by a button, spring, lever, or other locking mechanism. It is noteworthy that case law has, at times, considered gravity knives to be analogous to switchblades for regulatory purposes.

The terms “dirk knife” and “bowie knife” are included within the statutory definition of a “weapon” in Maryland; however, the statutes themselves do not provide explicit definitions for these specific types of knives. This lack of statutory clarity can introduce a degree of ambiguity in the interpretation and enforcement of laws about these knives. A “star knife” is defined as a device designed for throwing, characterized by multiple sharp or pointed blades radiating from a central disk. Finally, the term “sandclub” is listed within the statutory definition of a “weapon” but is not further described within the provided research materials.

The overarching term “weapon,” as defined by Maryland Criminal Law Code Ann. § 4-101(a)(5)(i), explicitly includes a dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, and nunchaku. Conversely, the statute specifically excludes both a handgun and a penknife without a switchblade from this definition.

Legality of Knife Ownership in Maryland

Generally, Maryland law adopts a permissive stance regarding the private ownership of a wide spectrum of knives. Individuals are typically legally entitled to own various types, including fixed blade knives, folding knives regardless of their mechanism (including those with locking blades), automatic knives (switchblades), gravity knives, ballistic knives, disguised knives such as those concealed within belts or lipstick cases, throwing stars, and Bowie knives. Importantly, at the state level, there are no existing laws that impose restrictions on knife ownership based on the length of the blade or the overall size of the knife. This broad legality of ownership suggests that the state’s primary regulatory interest lies in controlling how knives are carried and used in public spaces rather than restricting their private possession. However, it is crucial to note that certain limitations do apply to the sale and transfer of specific types of knives, particularly switchblades and ballistic knives, which will be discussed in greater detail in a subsequent section.

Knife Carrying Laws in Maryland

Open Carry

The open carrying of “penknives,” which are defined as manual folding knives, is generally permitted throughout the state of Maryland without any specific legal restrictions or concerns related to the carrier’s intent. This broad allowance reflects the common utility and non-threatening nature generally associated with such knives.

Regarding the open carry of other knife types that fall under the statutory definition of a “weapon,” such as dirk knives, bowie knives, switchblade knives, gravity knives, star knives, and sandclubs, the legal situation is more nuanced. While not explicitly prohibited by state law, the open carrying of these knives becomes illegal if it is done with the “intent or purpose of injuring an individual unlawfully”. A critical interpretation of this clause by Maryland courts has established that carrying a knife, even openly, for self-defense, is considered to constitute carrying with “unlawful intent”. This legal precedent significantly restricts an individual’s ability to openly carry certain types of knives for personal protection.

Generally, the open carrying of a fixed blade knife that is sheathed is considered legal under Maryland state law, provided that the individual carrying the knife does not possess an unlawful intent. The fact that the knife is carried openly, with at least the handle visible, typically negates the element of concealment, which is a key factor in the regulation of other dangerous weapons. However, it is imperative to remember that local jurisdictions within Maryland retain the authority to enact their ordinances that may impose further restrictions or regulations on the open carry of knives. Therefore, individuals should always verify the specific laws in their local city or county before openly carrying any type of knife other than a standard penknife.

Concealed Carry

Maryland law explicitly permits the concealed carrying of “penknives without a switchblade”. This allowance underscores the legal distinction made between common folding knives and other, potentially more dangerous, edged weapons.

In contrast, the concealed carrying of other “dangerous weapons,” including dirk knives, bowie knives, switchblade knives, gravity knives, star knives, and sandclubs, is generally prohibited throughout Maryland. This prohibition reflects the state’s concern regarding the potential for harm associated with concealed weapons that are not readily visible.

An exception to this general prohibition exists for individuals who hold a valid Maryland Wear and Carry permit for a handgun. Such permit holders may be allowed to conceal carry an automatic knife or other “weapon” that is otherwise restricted under § 4-101 of the Maryland Criminal Law Code. However, it is crucial to understand that Maryland is a “may issue” state, and these permits are often difficult for the average citizen to obtain.

The legal determination of whether a weapon is “concealed” hinges on whether it is situated in such a way that it is not discernible by ordinary observation by individuals who would be near enough to see it if it were not concealed. Maryland courts have clarified that absolute invisibility is not a prerequisite for a weapon to be considered concealed, and the ultimate determination of concealment is a factual matter to be decided by a jury based on the specific circumstances presented.

Restricted Locations for Knife Possession

Maryland law explicitly prohibits the carrying or possession of any “firearm, knife, or deadly weapon of any kind” on the property of any public school (grades K-12). This prohibition is broad, encompassing virtually all types of knives, with a specific exception carved out for “butter” knives or “knife-shaped” objects when considering manual folding knives. Exceptions to this rule are in place for law enforcement officers acting in the course of their duty, individuals hired specifically to guard school property, persons engaged in organized shooting activities for educational purposes, and those displaying or using weapons for historical demonstrations with the written invitation of the school principal.

Beyond school property, various sources suggest that the possession of knives may also be restricted in other locations, including government buildings at both the state and federal levels, courthouses, airports, psychiatric hospitals, prisons, and other secure facilities. These restrictions often stem from specific policies implemented by the entities responsible for these locations or from federal regulations governing federal property. Individuals should also be aware of “no weapons” signs posted on private properties, as carrying a knife onto such property in violation of posted restrictions could potentially lead to legal issues.

Exceptions to Maryland Knife Laws

Maryland law includes several specific exceptions to the general prohibitions regarding the carrying of knives. Active law enforcement officers of the state or any county or municipality, as well as conservators of the peace and special agents of railroads, are generally exempt from the restrictions outlined in § 4-101 (dangerous weapons) and § 4-102 (deadly weapons on school property) when they are carrying weapons as part of their official duties. This exemption often extends to retired law enforcement officers as well.

Minors are subject to specific regulations regarding the carrying of dangerous weapons. In certain non-rural counties, including Anne Arundel, Baltimore, Caroline, Cecil, Harford, Kent, Montgomery, Prince George’s, St. Mary’s, Talbot, Washington, and Worcester, minors are prohibited from carrying dangerous weapons, whether concealed or openly, between the hours of one hour after sunset and one hour before sunrise. However, exceptions to this restriction exist when the minor is engaged in a bona fide hunting trip, or is participating in or traveling to or from a bona fide trap shoot, sport shooting event, or any organized civic or military activity. Notably, minors in these designated counties are permitted to carry manual folding knives at any time, regardless of the time of day.

An individual who carries a weapon as a reasonable precaution against an apprehended danger may also be exempt from certain restrictions; however, the final determination of the reasonableness of carrying the weapon in the specific situation rests with the court. Furthermore, an exception is provided for individuals who display or use weapons for educational purposes in historical demonstrations at schools, provided they have a written invitation from the school principal. Finally, individuals who possess a valid Maryland Concealed Carry Weapon (CCW) license may have broader exceptions to the general knife laws, potentially allowing them to conceal carry automatic knives or other “weapons” that are otherwise restricted under § 4-101.

Laws Regarding the Sale and Transfer of Knives

Maryland law specifically prohibits the sale, bartering, display, or offering for sale or barter of two particular types of knives: (1) a knife or a penknife that has a blade which opens automatically through hand pressure applied to a button, spring, or other device located in the handle (commonly known as a switchblade knife or a switchblade penknife); and (2) a device designed to propel a knife from a metal sheath using a high-compression ejector spring (commonly known as a shooting knife or ballistic knife). It is important to note that this restriction specifically targets the act of transferring these types of knives and does not prohibit their acquisition, possession, or open carrying.

However, a notable exception to this state-level allowance for possession exists within Baltimore City. The city has enacted its ordinance (§ 59-22) that goes further than state law by prohibiting not only the sale but also the carrying or possession of any knife with an automatic spring or other device for opening or closing the blade, commonly known as a switchblade knife. This local ordinance demonstrates the authority of municipalities in Maryland to implement more restrictive knife laws than those at the state level.

Penalties for Violating Maryland Knife Laws

Violations of Maryland’s knife laws can result in significant legal penalties. Specifically, a person who violates § 4-101(c)(1) by wearing or carrying a dangerous weapon of any kind concealed on or about their person, or who violates § 4-101(c)(2) by wearing or carrying a dangerous weapon, chemical mace, pepper mace, or a tear gas device openly with the intent or purpose of injuring an individual unlawfully, is guilty of a misdemeanor and, upon conviction, is subject to imprisonment for a term not exceeding three years, a fine not exceeding $1,000, or both. Furthermore, suppose it appears from the evidence that the weapon was carried, whether concealed or openly, with the deliberate purpose of injuring or killing another person. In that case, the court is mandated to impose the highest sentence of imprisonment prescribed for the offense.

Similarly, a person who violates § 4-102 by carrying or possessing a firearm, knife, or deadly weapon of any kind on public school property is also guilty of a misdemeanor and, upon conviction, faces imprisonment for a term not exceeding three years, a fine not exceeding $1,000, or both.

The penalty for violating § 4-105, which prohibits the transfer of a switchblade knife or a shooting knife, is also a misdemeanor. Upon conviction, an individual is subject to imprisonment for a term not exceeding 12 months, a fine of not less than $50 and not exceeding $500, or both.

In Baltimore City, the penalty for violating the local ordinance (§ 59-22) that prohibits the sale, carrying, or possession of switchblade knives is a misdemeanor punishable by a fine of not more than $1,000, imprisonment for not more than 12 months, or both fine and imprisonment for each offense.

Local Ordinances

Maryland operates without statewide preemption concerning knife laws. This absence of preemption empowers counties and cities within the state to enact their own ordinances that may be more restrictive than the regulations established at the state level. The previously mentioned ordinance in Baltimore City specifically addressing switchblade knives serves as a clear illustration of this authority. Given this legal framework, it is of paramount importance for individuals to always consult and verify the local ordinances of the specific county or municipality in which they reside or intend to carry a knife. These local regulations can introduce additional restrictions, such as limitations on blade length for certain types of knives or further prohibitions on carrying knives in specific public areas.

Conclusion

Maryland’s knife laws present a complex interplay of state statutes, case law interpretations, and local ordinances. While the state generally permits the ownership of a wide variety of knives without restrictions on blade length or size for private possession, significant regulations govern the carrying and sale of certain types of knives. A crucial distinction exists between “penknives,” which enjoy greater freedom in terms of both open and concealed carry, and other “dangerous weapons,” the carrying of which is subject to restrictions, particularly regarding concealed carry and the intent of the carrier. Notably, carrying any knife for self-defense, even openly, is considered to be carrying with unlawful intent under Maryland law. The possession of any knife is strictly prohibited on public school property, with limited exceptions. Furthermore, the sale and transfer of switchblades and ballistic knives are unlawful under state law, although possession remains generally permissible, except in jurisdictions like Baltimore City, which have enacted stricter local ordinances. The absence of statewide preemption necessitates that individuals remain vigilant and informed about the specific knife laws in their local city or county, as these regulations can be more restrictive than those at the state level. Ultimately, responsible knife ownership and carry in Maryland require a thorough understanding of these multifaceted laws to ensure compliance and avoid potential legal consequences.