In Re Daryl L.

WEANT, Judge. The Circuit Court for Baltimore City overruled appellant Daryl L.’s exception challenging a juvenile master’s finding that appellant committed a delinquent act by carrying a concealed dangerous and deadly weapon in violation of Md.Code Ann. art. 27, § 36(a). This appeal followed, with the request that we answer a solitary question: “Does a folding knife without switchblade but with a locking device for the protection of the user fall within the exception for ‘penknife without switchblade’ in Article 27, § 36(a)?” Our affirmative response mandates reversal of the circuit court’s judgment. Article 27, section 36(a) Md.Code Ann. art. 27, § 36(a) makes it a misdemeanor for person to “wear or harry any dirk knife, bowie knife, switchblade knife, star knife, sandclub, metal knuckles, razor, nunchaku, or any other dangerous or deadly weapon of any kind, whatsoever (penknives without switchblade and handguns, excepted) concealed upon or about his per- ³⁷⁷ Master’s Finding The following is an excerpt from the master’s disposition memorandum to the juvenile judge.

The facts showed police officers saw Darryl [sic] [L.] and five companions, and approached to determine if the daytime curfew was being violated. Four of the group ran, and one of the two who were caught was Darryl [sic]. The officer conducted a patdown, and from Darryl’s [sic] right front pocket removed a knife. The knife was brought to Court.

Its total length is 8V2 inches. The blade is 3% inches long, while the handle is 4% inches long. The blade is between % and 1 inch wide and tapers to a narrow point. The blade folds into the handle, being partially concealed by it.

When open, the blade locks into place and cannot be folded down without the purposeful depression of a mechanism on the bottom opposing side of the handle. The Court ruled this knife was not in fact a penknife. The Court’s ruling is based on the knifes [sic] structural capability for “offensive or defensive infliction of bodily injury”. The Court found the locking mechanism, size, and general characteristics of this knife precluded it being categorized as a penknife.

Mackall v. State Mackall v. State, 283 Md. 100 , 387 A.2d 762 (1978), makes clear that the State bears the burden of showing that the knife