Mass Knife Law

[FrugalFannie]

Is it true that you can only carry a 2.5" blade in MA? I looked at MGL's and then measured the folding knife my son has and it's 3" and he carries it everywhere. I don't want him to get in trouble but it seems silly to not let him carry it. He goes to private school and he can actually carry there if he goes through the proper "certification."

 

[pupchow]

That 2.5", I thought was a Boston thing?

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

(my emphasis added below)

(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.

 

[MisterHappy]

AFAIK, there is no state law on blade length, just no double-edged, and no "switchblade" for carrying.

Boston has the ordinance WRT the 2.5" blade....I wonder if you'd be in trouble for a 3-inch knife while legally carrying?

IANAL

 

[Kevlar]

Is it true that you can only carry a 2.5" blade in MA? I looked at MGL's and then measured the folding knife my son has and it's 3" and he carries it everywhere. I don't want him to get in trouble but it seems silly to not let him carry it. He goes to private school and he can actually carry there if he goes through the proper "certification."

No. There is no blade length limit in the MGLs (other than switchblades over 1.5"), although as noted, several municipalities (Boston and Worcester for example) have enacted regulations limiting blade length. As dicussed here...

http://www.northeastshooters.com/vbulletin/threads/62305-Massachusetts-Laws-on-Knife-Carry

...and here...

http://www.northeastshooters.com/vbulletin/threads/79751-Knife-laws

...and here...

http://www.northeastshooters.com/vbulletin/threads/95127-Knife-Laws-in-Massachusetts

 

[daddysuperfly]

Great!! i just saw this in Midways latest cataloug, and had my hopes up. http://www.midwayusa.com/viewproduct/?productnumber=655534

did i mention i hate this state, or should i say Worcester?

ETA, it looks like there are some exceptions, at least for Worcester.

except:
(1) When actually engaged in hunting or fishing or any employment, trade, or lawful recreational or culinary activity which customarily involves they carrying or use of any type of knife, or
(2) In going directly to and/or returning directly from such activities

 

[Kevlar]

Great!! i just saw this in Midways latest cataloug, and had my hopes up. http://www.midwayusa.com/viewproduct/?productnumber=655534

did i mention i hate this state, or should i say Worcester?

FYI, Worcester's knife ordinance exempts LTC holders.

This section shall also not apply to any person who possesses either a valid class A or class B license issued under section one hundred thirty-one of chapter one hundred-forty of the General Laws.

http://www.northeastshooters.com/vbulletin/threads/52723-New-knife-ordinance-for-Worcester-1-9-2009

And the MGLs only apply to knives that someone "...carries on his person, or carries on his person or under his control in a vehicle..." (M.G.L. c.269 s.10), not the mere ownership of such knives.

 

[daddysuperfly]

Thanks Kevlar, i hadn't gotten that far yet.

 

[Kevlar]

No problem, just trying to cheer you up!

 

[daddysuperfly]

haha, thanks! I read through M.G.L. c.269 s.10 real quick, and it seems to me that fixed blades aren't mentioned. am i read this right?
http://www.mass.gov/legis/laws/mgl/269-10.htm

 

[Kevlar]

Not mentioned specifically, only in terms of prohibiting carry of any "stiletto", "dagger" or "dirk" knives.

 

[bfm]

Real problem is many cities have their own length limits. Which is a real pain as many cities do not publish their laws online. So your only option is to visit each city before hand and look up their laws.

 

[Kevin_NH]

Is Emerson Wave MA legal?

(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.

Has it been established that this clause does not apply to the Emerson Wave, or other designs where a fixed part of the blade is what allows drawing in a locked position (as opposed to a "device or case" doing the opening)

 

[M1911]

Has it been established that this clause does not apply to the Emerson Wave, or other designs where a fixed part of the blade is what allows drawing in a locked position (as opposed to a "device or case" doing the opening)

I doubt it. Anyone want to be the test case?

 

[whatluck]

Has it been established that this clause does not apply to the Emerson Wave, or other designs where a fixed part of the blade is what allows drawing in a locked position (as opposed to a "device or case" doing the opening)

No, never been challenged. The wave isn't 'locked' until after it's been drawn. So it's not drawn at a locked position.

 

[45collector]

You can have a 13" Italian-style stiletto switchblade. Just don't carry it outside your property.

They make great letter openers.

 

[GSG]

And the MGLs only apply to knives that someone "...carries on his person, or carries on his person or under his control in a vehicle..." (M.G.L. c.269 s.10), not the mere ownership of such knives.

But the MGL's also bar manufacture and sale of those knives, as is pointed out in the LTC DQ thread in my sigline.

Real problem is many cities have their own length limits. Which is a real pain as many cities do not publish their laws online. So your only option is to visit each city before hand and look up their laws.

Exactly. City ordinances and town bylaws, they're subject to change at any time and often difficult to look up. Most of them are arrestable offenses too.

You can have a 13" Italian-style stiletto switchblade. Just don't carry it outside your property.

Keep in mind, the law doesn't specify that you can't carry one outside of your property, it says that you can't carry one, period.

MGL 269-10(b):

(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.

I think a lawyer might be able to craft an argument in favor of it allowing carry inside the home, but the only piece of case law I've been able to find on the subject doesn't address that issue even slightly, and Mass. isn't known for respecting the privacy of your home.

Another issue, I'm aware of a few cases in Mass. where people have been charged under 269-10(b) (the knife law I quoted above) for weapons simply possessed inside the home. Below is a link from an old story on NES where that happened.

Six police officers and a sergeant then went to Spellmeyer's house, where Craig called Spellmeyer and told him to leave the house with his hands up. Spellmeyer and his 19-year-old roommate came out of the house, and a woman was still inside. Officers pat-frisked all three for weapons, arrested Spellmeyer and had the other two wait outside, Craig wrote.

Spellmeyer said the shotgun was near the front door, and an officer found it there unloaded. Craig reported officers searched the house for other suspects and found the following "illegal and dangerous weapons": A double-edged knife, metallic knuckles, nunchaku (two hard, plastic sticks connected by a chain) and shuriken (throwing star with blades).

<snip>

Spellmeyer is charged with assault with a dangerous weapon, possessing a firearm without an FID card, and four counts of carrying a dangerous weapon.

With all the restrictions regarding sale, manufacture and carrying those items, it seems like a lot more hassle than it's worth to me.

 

[redtail]

I am not sure I get this. So by the wording of that law, a folding 110 or 112 Buck knife in a Buck sheath is legal, but if it is carried in one of the aftermarket sheaths that automatically deploys the blade and locks it, as you draw it out of the sheath, that is illegal?
As I interpret what I see, this would make any assisted opening knife with a blade over 1 1/2 inches illegal in Massachusetts?

 

[Len-2A Training]

As I interpret what I see, this would make any assisted opening knife with a blade over 1 1/2 inches illegal in Massachusetts?

And that assertion was made by a NES'r who worked for (or was part owner) a knife dealer who sold Kershaw assisted opening knives at local gun shows.

 

[redtail]

There are 1 or 2 sheath makers who sell on eBay. They have similar designs which hold either a 110 or 112 Buck folder in a just starting to be opened position within the sheath. As you draw the knife out of the leather, the blade is opened all the way, by a pin or rod built in to the sheath, the blade is locked up for you as you clear the sheath.
Illegal? I would think not, as your law says "knife" and not the case or sheath. But that doesn't mean a cop with a little ambition wouldn't go ahead and bust anyway.

 

[Kevin_NH]

There are 1 or 2 sheath makers who sell on eBay. They have similar designs which hold either a 110 or 112 Buck folder in a just starting to be opened position within the sheath. As you draw the knife out of the leather, the blade is opened all the way, by a pin or rod built in to the sheath, the blade is locked up for you as you clear the sheath.
Illegal? I would think not, as your law says "knife" and not the case or sheath. But that doesn't mean a cop with a little ambition wouldn't go ahead and bust anyway.

Actually, I think this sort of "case" is exactly what the law means when it states "device or case which enables a knife with a locking blade to be drawn at a LOCKED POSITION.".

 

[GSG]

As I interpret what I see, this would make any assisted opening knife with a blade over 1 1/2 inches illegal in Massachusetts?

No. Assisted openers are legal in Mass., they're a different beast than switchblades. Again, no case law, but they were designed not to be switchblades in the eyes of the law.

Actually, I think this sort of "case" is exactly what the law means when it states "device or case which enables a knife with a locking blade to be drawn at a LOCKED POSITION.".

Agreed, if it's a piece of string or a sheath that opens it on your draw I think you've in violation of this.