Are butterfly knives legal in Maryland?

Answer 1

Yes, they are. Maryland is rather unusual in this regard considering the laws of most other states.

In Maryland, the laws governing knives are under the Criminal Code, specifically statutes §4-101 and §4-105.

§4-105 restricts the sale of "switchblades" but defines such knives as "having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife." This wording does not apply to a butterfly knife because it's mechanism does not work in this manner. Further, it only affects sale, not purchase, ownership or carry.

The more important statute, §4-101, makes it illegal to carry any "dangerous weapon" concealed or "openly with the intent or purpose of injuring an individual in an unlawful manner." However, the law specifically exempts "penknives" from any restrictions under this statute. While the term "penknife" is not defined, a famous case made a binding ruling on the definition: In 1978, Mackall v. State, the highest court in Maryland ruled that

"Penknives today are commonly considered to encompass any knife with the blade folding into the handle, some very large."

Butterfly knives fold into their handles just as regular pocket knives do and do not operate like switchblades, and therefore fall within the definition of a penknife. This makes them legal to sell, buy, own, and carry concealed or openly. The Mackall ruling is rock solid and has been upheld at least 5 times over the past few decades. It was even once used to convict a police officer for falsely arresting a person because that officer ignorantly believed a knife was illegal when it was not.