Id. at 766. The Mackall court then discussed the definition of penknife: "Penknife" is not defined in the statute. Even if the General Assembly had the dictionary definition in mind when it first enacted the statute in 1886, this concept of a "penknife" had obviously changed when the exception was amended to "penknife without switchblade." Penknives today are commonly considered to encompass any knife with the blade folding into the handle, some very large .
Id. at 769 n.13 (emphasis added). In short, the Maryland Court of Appeals clearly defined penknife as any knife whose blade folds into the handle. It is undisputed that the blade of Sorrell's knife folded into the handle and that it was not a switchblade. As Mackall made clear, carrying such a knife is not prohibited by the concealed weapons statute, even if it is deadly and even if it is large.
Two later cases adopt Mackall 's definition of penknife and further clarify Maryland law. In re Daryl L. , 511 A.2d 1108 (Md. Ct. Spec.
App. 1985), quotes directly from Mackall : " Mackall also instructs that `[p]enknives today are commonly considered to encompass any knife with the blade folding into the handle, some very large .'" Id. at 1109- (emphasis in the original). At issue in In re Daryl L. was whether a folding knife without a switchblade but with a locking device fell within the exception for "penknife without switchblade" in Md. Ann. Code art. 27 § 36(a). The 8-inch knife had a blade that was 3 3/4- inches long and between 3/4- and 1-inch wide, with the blade tapering to a narrow point. The In re Daryl L. court never questioned that a folding knife without a locking device was a penknife. As far as the court was concerned, the only issue was whether the locking device disqualified the knife from the statute's exception by making it like a switchblade. The court held that the knife was not like a switchblade and was therefore legal.
In Bacon v. State , 586 A.2d 18 (Md. 1991), the Court of Appeals addressed the question of whether a folding knife that was unfolded and locked was illegal under Md. Ann. Code art. 27 § 36(a). The court started its analysis by defining both penknives and switchblades.
Like the In re Daryl L. court, the Bacon court quotes Mackall 's definition of a penknife. Holding that the open and locked knife was not banned by the concealed weapons statute, the court wrote: 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, whether it is carried concealed or openly. Its character is not changed by being carried openly with the blade unfolded; its dangerous propensity is merely more easily realized. . . . We call attention to the fact that Mackall v. State , 283 Md. 100, 387 A.2d 762, was decided 13 July 1978. The General Assembly has had a dozen opportunities to correct our view of a "penknife" if it believed that our view was contrary to the legislative intent.
Bacon , 586 A.2d at 22-23. The knife in Bacon had a five-inch blade.
Id . at 20.
To sum up, the highest court in Maryland has more than once defined "penknife" as "any knife with the blade folding into the handle, some very large." Maryland cases also establish the legality of a folding knife with a 3 3/4-inch blade and a locking device as well as the legality of an unfolded and locked folding knife with a five-inch blade. Consequently, it is clearly established that Sorrell's knife, a folding knife with a folded three-inch blade, is a legal "penknife without switchblade." McGuigan suggests that a reasonable police officer would not necessarily know specific Maryland cases on penknives. However, a reasonable officer is presumed to know clearly established law. See Harlow , 457 U.S. at 818-19 ("[A] reasonably competent public official should know the law governing his conduct.").
Qualified immunity protects law enforcement officers from bad guesses in gray areas. Wilson v. Layne , 141 F.3d 111, 114 (4th Cir. 8). Because the legality of Sorrell's penknife was clearly established, Sergeant McGuigan was not in a gray area. Accordingly, we affirm the district court's order denying him qualified immunity. AFFIRMED
