Kershaw/assisted opening knives


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Border
June 12, 2007, 09:12 AM
I am getting conflicting info over whether these knives are legal to carry in Quebec Province Canada and/or Massachusetts. As I read the law in MA it appears only that if you commit a crime and are carrying one then you are in more trouble. Anyone know? Thanks-Steve

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RubenZ
June 12, 2007, 09:56 AM
They are Assisted Opening not Automatic Opening. I think only Auto's are not allowed in some areas. But Check your state laws first.

hso
June 12, 2007, 12:34 PM
You should call Kershaw and ask then check Bernard Levine's site (http://pweb.netcom.com/~brlevine/ma.txt) for US knife laws. Problem is that municipalities also have knife laws on the books so you'll need to research those.

(b) Whoever, except as provided by law, carries on his person, or carries on his person or under his control in a vehicle, any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife, or any knife with a detachable blade capable of being propelled by any mechanism, dirk knife, any knife having a double-edged blade, or a switch knife, or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches, or a slung shot, blowgun, blackjack, metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or any armband, made with leather which has metallic spikes, points or studs or any similar device made from any other substance or a cestus or similar material weighted with metal or other substance and worn on the hand, or a manrikigusari or similar length of chain having weighted ends; or whoever, when arrested upon a warrant for an alleged crime, or when arrested while committing a breach or disturbance of the public peace, is armed with or has on his person, or has on his person or under his control in a vehicle, a billy or other dangerous weapon other than those herein mentioned and those mentioned in paragraph (a), shall be punished by imprisonment for not less than two and one-half years nor more than five years in the state prison, or for not less than six months nor more than two and one-half years in a jail or house of correction, except that, if the court finds that the defendant has not been previously convicted of a felony, he may be punished by a fine of not more than fifty dollars or by imprisonment for not more than two and one-half years in a jail or house of correction.



As to the switchblade question, the federal regs defines a knife to be a switchblade when the blade is opened by pressure on some part of the handle. Since the blade must be opened manually part of the way using the blade assisted openers do not meet the definition of a switchblade.

SDC
June 12, 2007, 01:16 PM
"Switchblades" are prohibited in Canada under the Criminal Code, but a switchblade is defined as a knife that opens by spring pressure when a button or switch on the handle is pressed or activated; since the Kershaws DON'T operate like that, they're legal in Canada (not that you'll be able to convince someone who doesn't know either the definition of a switchblade, or how a Kershaw operates). This issue has gone to court in Canada several times, and since the criminal law in Canada is a FEDERAL issue, it holds true even in Quebec.

RubenZ
June 12, 2007, 01:19 PM
Exactly. Remember. Kershaws are NOT AUTOMATIC.

Boomerang
June 14, 2007, 05:35 PM
They're sold in stores all over massachusetts.

Fosbery
June 14, 2007, 05:47 PM
The knife does not open automatically. You open it yourself and once it is open, the blade automatically travels the rest of the way until it locks. It's possible that a good prosecution lawyer could convicne an inept judge that it's an automatic knife but if you got a good defence lawyer I'm sure you would be ok. It's a risk but then how likely is it that any policeman will ever take an interest in your knife carrying habits?

Border
June 14, 2007, 08:52 PM
Thanks guys! I know I am "preaching to the choir" but our Founding Fathers would be rolling over in their graves over all these restrictions regarding personal defense!

applesanity
June 29, 2007, 12:45 AM
my kershaw stayed sharp for about a month. Paid $70 for it. The worst thing i cut with it was pine wood and tough leather.

That Tanto I bought off Ebay, made out of folded "damascus steel" or whatever (will rust if you don't oil it) is still as sharp as the day I got it. And I chop branches with it. I know I shouldn't.

Stainz
June 30, 2007, 06:53 AM
Since that law quoted by hso didn't categorize by using semi-colons, only commas between examples, one must assume that it really means any knife 'over one and a half inches' would be illegal! Gads, a regular Swiss Army knife could get you in trouble! I guess my 'always there' Kershaw Blur is a real problem.

Stainz

hso
July 2, 2007, 10:15 AM
Stainz,

You'd probably have to look at the case law to be sure that the shorter blade length is applicable. I've been told and I've read that the shorter blade length is only applicable to autos, but this is the error-net after all and any legal analysis should be taken with a block of salt.;)

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