[Third_Rail]

I looked in the THR library and on the mass.gov site, and it's really not clear what is legal to carry and what isn't.

For example, I'd like to carry either a fixed blade or a 5" folder. Fixed seems to be out by the letter of the law, and anything over 1.5" does too, but then you look again and it seems that only applies to auto openers and double edged.

If anyone knows what all the text boils down to, and knows beyond a doubt, please tell me.

Thanks.

[hso]

Looks like anything that can be interpreted as a "dirk" or "dagger" could be a violation of the law as written. The problem is that in a court any non-kitchen fixed blade may be treated as a "dirk" or "dagger" by the prosecution regardless of whether it was a fixed blade hunting knife or a true dirk.

There does not appear to be a blade length issue for folders unless the folder is a"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" (commonly referred to as a California legal switchblade).

Updated 4/23/2002

GENERAL LAWS OF MASSACHUSETTS
PART IV.
CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.

TITLE I. CRIMES AND PUNISHMENTS.
CHAPTER 269. CRIMES AGAINST PUBLIC PEACE.

Chapter 269: Section 10. Carrying dangerous weapons...

(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.



Chapter 269: Section 12. Manufacturing and selling knives,
slung shots, swords, bludgeons and similar weapons; punishment.

Section 12. Whoever manufactures or causes to be manufactured,
or sells or exposes for sale, an instrument or weapon of the
kind usually known as a dirk knife, 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 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, slung shot, sling shot, bean blower, sword cane,
pistol cane, bludgeon, blackjack, 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 a manrikigusari or similar length of chain having
weighted ends; or metallic knuckles or knuckles of any other
substance which could be put to the same use and with the same
or similar effect as metallic knuckles, shall be punished by a
fine of not less than fifty nor more than one thousand dollars
or by imprisonment for not more than six months; provided,
however, that sling shots may be manufactured and sold to clubs
or associations conducting sporting events where such sling shots
are used.



GENERAL LAWS OF MASSACHUSETTS
PART I. ADMINISTRATION OF THE GOVERNMENT.
TITLE XII. EDUCATION.
CHAPTER 71. PUBLIC SCHOOLS.
Section 37H. Policies relative to conduct...

(a) Any student who is found on school premises or at
school-sponsored or school-related events, including
athletic games, in possession of a dangerous weapon,
including, but not limited to, a gun or a knife; or a
controlled substance as defined in chapter ninety-four C,
including, but not limited to, marijuana, cocaine, and
heroin, may be subject to expulsion from the school or
school district by the principal.





_____________________

1996 extacts

Massachusetts - Chapter 269, Section 10... (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 which enables a knife
with a locking blade to be drawn at a locked position, any
ballistic knife..., dirk knife, any knife having a double-
edged blade, or a switch knife... shall be punished by
imprisonment for not less than two and one-half years nor
more than five years in the state prison... 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.
- C. 269, Section 12. Whoever manufactures or causes to be
manufactured, or sells or exposes for sale, an instrument
or weapon of the kind usually known as a dirk knife, a
switch knife... or a device or case which enables a
locking knife to be drawn at a locked position, any
ballistic knife... shall be punished by a fine of not less
than fifty nor more than one thousand dollars or by
imprisonment for not more than six months...

Massachusetts Case Law:
- "Knives described as 'kitchen knife,' 'folding type knife,'
and 'Swiss army knife' may not fall within category of
dangerous weapons." (1994)


http://www.knife-expert.com

[Third_Rail]

Per usual, MA laws are as clear as mud.

[Devonai]

I have long studied this section of law, and I'm relying on my interpretation now that I no longer have a Massachusetts LTC.

My interpretation: The blade limit of 1.5" only applies to double-edged knifes and automatic knives. A Benchmade folder or a Ka-Bar are both okay, for example.

I've been told so many different stories by different MA cops that are just as confused by the law as anyone else. I've heard "no greater than a handspan" more times than I can count, even though the law doesn't have any such language therein.

:rolleyes:

[Third_Rail]

Ok. I'm going to go ahead and get the 5" folder, then.

Hell, I've never been stopped, questioned, etc. by anyone at all, this really is just a precautionary measure.

[carpettbaggerr]

2.5 inch blades are illegal in Boston. Otherwise no length restrictions.

http://thehighroad.org/showthread.php?s=&threadid=831&highlight=boston+knife

[brownie0486]

HSO posted the 269/10B dangerous weapons statute.

Though most officers do not know the law relative knife length restrictions in Ma. the above 260-10b us always carried in my car for reference.

There is no blade length restriction in Mass. with the exception of the law passed after 9-11 within Boston boundaries which restricts blade lengths to no longer than 2.5 inches as another posted as well.

Dirks, daggers, stilletos, shivs, knucks, throwing stars, etc are all considered contraband here.

Auto knives are legal if the blade length does not exceed 1.5 inches.

Folders or straight, no blade length restrictions with the exception of Boston as noted. If you plan on carrying a knife in Ma., it's a good idea to keep 269-10b on your person in case someone does question your knifes legality.

Case law in 94 specifically exempts "folding type knives, kitchen knives and swiss army type knives from the statute. In other words, case law stated a folder is exempt from the dangerous weapons statute.

Your actions are subject to arrest with a knife, but not the knife itself if it meets the guidelines set forth above per statute.

Hope that helps

Robin Brown

[Third_Rail]

Talked to a guy today at the local Police/Survival Equipment store, and he basically said the same thing. Seeing as he's an ex-cop (30 years in the force), I'd say you nailed it just right.

I'll be buying that 5" folder without a problem. Oh, and bar-actuated "auto" knives aren't autos by MA law. Go figure.

[rsilvers]

What is an example of a bar activated knife?

Also, were is that exempted in the law?

Also, all switchblades are legal as long as you don't carry them in which case they need to be under 1.5 inches.


Here is MA law:

http://www.mass.gov/legis/laws/mgl/269-10.htm

Quote:
(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.


Here is the law for dealers:

http://www.mass.gov/legis/laws/mgl/269-12.htm

Quote:
Chapter 269: Section 12. Manufacturing and selling knives, slung shots, swords, bludgeons and similar weapons

Section 12. Whoever manufactures or causes to be manufactured, or sells or exposes for sale, an instrument or weapon of the kind usually known as a dirk knife, 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 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, slung shot, sling shot, bean blower, sword cane, pistol cane, bludgeon, blackjack, 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 a manrikigusari or similar length of chain having weighted ends; or metallic knuckles or knuckles of any other substance which could be put to the same use and with the same or similar effect as metallic knuckles, shall be punished by a fine of not less than fifty nor more than one thousand dollars or by imprisonment for not more than six months; provided, however, that sling shots may be manufactured and sold to clubs or associations conducting sporting events where such sling shots are used.

[hso]

rsilvers is correct, even if the error is almost 5 years old.