How Do You Interpret this ?

BTSDOG

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In the Ma. General Laws, chapter 269, section 10, concerning the possession of dangerous weapons, there is this paragraph near the end of paragraph 6.

"No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section."

I interpret this as meaning that anyone who possess a LTC can carry a switchblade, or stiletto...How do you see this ?? Also below is the link to the whole chapter 269 so you can read the whole thing.....

thnks.......

General Law - Part IV, Title I, Chapter 269, Section 10
 
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I don’t know. To find the answer you have to spend a lot of money, a lot of time in a court, and maybe some time in prison to get the actual answer for any particular dangerous weapon you’re talking about.

And this should eat moved to the mass law section.
 
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If there is any case law regarding this that could be your answer right there. I don't know of any off the top of my head. I'll see if I can find some.
 

milktree

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Ahhh... Mass laws. Does "this section" mean "MGL C. 269 § 10", or does it mean "MGL C. 269 § 10(a)"?

My reading is that the intent was that the above quoted exclusion only applies to §10(a), firearms, rifles, and shotguns. (as defined by C. 140 § 121)

The fact that §10(c) concerns machine guns and sawed off shotguns suggests quite strongly that "this section" only applies to 10(a), and not all of 269 § 10 inclusive.
 

Dennis in MA

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It's poorly parsed on the Ass website. They should make it indented better to keep track of it all.

10(a) has all them subsections. 10(h) not only has subsections, it has subsections of subsections. Bold all that crap and then indent it.

I'm betting that cost money to hire a consultant that was an actual HUMAN. Instead you get some Ass State employee that says, "Well, I can read it. That'll work." If you've ever wondered if the government is anti-people, look no further than virtually ALL of Assachusetts.
 

snax

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There is probably some obscure hunting law somewhere that isn't referenced that states you can't have any of those items within 1000 yards of any waterfowl. In violation, subject to fine or 2 years. That way, they make it seem like you can carry one if you have an LTC, but then they can send the Environmental Police after you for a warrantless search because you can't go 1000 yards without running into a duck or a goose, and you get the fine + loss of LTC.
 

rebut

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I read this section when I first moved back to Mass. I read it as LTC Class A holders were exempt from knife laws. Have been too lazy to look it up again when I've seen the question come up over the last couple of years. My opinion is below.

Chapter 269:

Section 10:

Paragraph (a) (6)
"No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section."

Paragraph (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.


IANAL...BUT...

The way I read it, both of these paragraphs are included in SECTION 10. Therefore, No person having in effect a license to carry firearms for any purpose, (Class A LTC) issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this Section (10).

Good luck with that though.
 
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It's poorly parsed on the Ass website. They should make it indented better to keep track of it all.

10(a) has all them subsections. 10(h) not only has subsections, it has subsections of subsections. Bold all that crap and then indent it.

I'm betting that cost money to hire a consultant that was an actual HUMAN. Instead you get some Ass State employee that says, "Well, I can read it. That'll work." If you've ever wondered if the government is anti-people, look no further than virtually ALL of Assachusetts.

To make matters worse, malegislature.gov is a horrible source to find current law. It is often very out of date, even though run by the state.
 
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