MA Knife Laws

[mattx109]

If I'm reading this correctly, I can only carry a folding or fixed, one-sided blade of less than 1.5 inches at any time. Is that right? Seems a little ridiculous to me.

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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.

 

[Devonai]

The way I read that section is that the 1.5" limit is specifically referring to "automatic" knives. I have had police officers in MA tell me personally that a fixed or folding knife cannot have a blade longer than a "hand's breadth" or approximately four inches. I have carried my Benchmade Emerson tanto with a 3.75" blade through several security checkpoints in MA and I've never been questioned about it.

 

[brownie0486]

mattx109:

There is no blade length restriction in Massachusetts. The 1 1/2" restriction pertains to automatic [ switchblde ] knives in this state.

As an instructor for S+W for the defensive knife classes, it was part of their training to be cognizant of the laws pertaining to blade length. Most [ 90% or better ],did not have a clue as the legal length allowed.

I would hold up a Bagwell Bowie whose blade measured 11 1/2" and ask them if it was illegal to carry in Mass. They all responded yes. I would pass out the statute, have them read the two paragraphs and then re-ask the question. No hands would be raised AFTER they read the 269-10b dagerous weapons statute.

I did this for every state represented in my 3 day LE classes. There were few among them who knew the law relative blade length. I have always suggested others should carry the 269-10b with them in their wallet in the very real event they were questioned as to their knives legality in this state.

I've had several taken from me while on surveillance where they arrived due to a call from a third party who thought I was suspiciously hanging around. Have had them all returned, but only after going to see their local commandr or chief and having them look up the statute themselves at the station.

BTW--if the knife is not illegal, you are not charged with committing any crimes other than the illegality due to blade length and the police confiscate your knife due to their ignorance of the law, they have then technically stolen your private property and may be charged accordingly.

Anything over $250.00 is considered felony theft, otherwise it is misdemeanor theft on their part. Ignorance is no excuse for breaking the law for police anymore than it is for citizens of the Commonwealth.

Brownie

 

[Soap]

Brownie- How do city statutes in Boston come into play? When I was there visiting friends in Cambridge I didn't carry anything due to my ignorance of the laws.

 

[brownie0486]

Hi Dan

Boston has enacted a city restriction [ right after 9-11 ] that limits blades no longer than 2 1/2" in length.

To my knowledge it is not enforced, nor has anyone been charged under the recent statute.

I carry folders with blades larger than that daily into Boston. I walk by police officers in the train station, on the streets, etc and they really do not give anyone a second look as to clipped knives.

In other words, unless you are causing problems to bring yourself to their attention, no one is bothering to check people pockets for clips and requesting to see the blade length.

My impression is the police are not going to pay attention to this law anymore than jaywalking in the city as long as they are not called to your location where you are bign a problem. If that were to happen and they found a knife that was restricted it would be just another charge to tack onto the other problems.

More likely, if ever foundto be in violation with no other possible laws violated, they would only confiscate [ unless it was considered contraband like automatics, dirks, daggers, etc. ].

Brownie

 

[Soap]

Thanks Brownie! Next time I'm in Boston I'll have to buy you a beer. In fact, next time I'm there I would be interested in private lessons.

 

[brownie0486]

Daniel,

Sounds like a plan to me.
Let me know when you'll be around my aea and we can go from there.

Brownie

 

[scbair]

I agree with Brownie.

Columbia, SC has an ordinance prohibiting lockblade knives (at least, it did when I was in law enforcement, 20+ years ago). Only once did I ever see anyone charged solely with having violated that ordinance. A rookie saw some guy pull a Case lockback folder and zip open a taped box, and arrested him for it. I don't even recall whether the judge found the guy guilty or innocent, but I'm sure no fine imposed for that violation could have matched the "punishment" we, his fellow officers, meted out to that rookie. It was explained firmly, repeatedly, and by patrolmen, sergeants, and at least one lieutenant, that that did NOT constitute an appropriate use of the city's law enforcement and judicial resources.

Yep, just like jaywalking; the police got better things to do . . .

 

[mattx109]

Thanks for the replies, which have raised another question. What are the legal definitions of dirks and daggers? Is this something widely accepted, or individually defined by the state?

I live in VT, and our weapons laws have no specific definitions for these kinds of weapons.

 

[brownie0486]

mattx109 :


Sti*let"to (?), n.; pl. Stilettos (#). [It., dim. of stilo a dagger, fr. L. stilus a pointed instrument. See Style for writing, and cf.
Stylet.]

1. A kind of dagger with a slender, rounded, and pointed blade.

2. A pointed instrument for making eyelet holes in embroidery.

3. A beard trimmed into a pointed form. [Obs.]
____________________________________________________________________
Dagger

Dag"ger (?), n. [Cf. OE. daggen to pierce, F. daguer. See Dag a dagger.]

1. A short weapon used for stabbing. This is the general term: cf. Poniard, Stiletto, Bowie knife, Dirk, Misericorde, Anlace.

2. (Print.) A mark of reference in the form of a dagger [†]. It is the second in order when more than one reference
occurs on a page; -- called also obelisk. Dagger moth (Zoöl.), any moth of the genus Apatalea. The larvæ are often
destructive to the foliage of fruit trees, etc. -- Dagger of lath, the wooden weapon given to the Vice in the old Moralities.
Shak. -- Double dagger, a mark of reference [‡] which comes next in order after the dagger. -- To look, ∨
speak, daggers, to look or speak fiercely or reproachfully.
_______________________________________________________________________
Dirk

Dirk (?), n. [Ir. duirc.] A kind of dagger or poniard; -- formerly much used by the Scottish Highlander. Dirk knife, a clasp
knife having a large, dirklike blade.
_______________________________________________________________________
dou·ble-edged (dbl-jd)
adj.

1.Having two cutting edges: a double-edged blade.
2.
a.Effective or capable of being interpreted in two ways: double-edged praise.
b.Having a dual purpose: combat troops with a double-edged mission.
____________________________________________________

Brownie

 

[El Tejon]

matt, be aware that not only could those be defined in the statute, but could also (and probably are) be defined by "case law", prior rulings of the Vermont Court of Appeals and/or Supreme Court of Vermont.

I don't know why most states have all kinds of goofy laws about sharp, pointy things? Emotion-driven sop to soccer mommies as usual.

Here in Indiana we are among the goofiest: oh, sure carry a dirk, a dagger, a "Bowie" knife, sword or axe or two or three around, but don't let us catch you with a "Chinese throwing star." *sigh*