Are daggers/dirks/stilettos legal to own in MA?

[nameless9]

Hi, I am interesting in getting a dagger I have been eyeing for awhile to be put on display in my home. From what I understand from reading MGL chapter 269, section 12, it's illegal to produce these kinds of knife or to sell them. It doesn't say anything about purchasing, so is it legal to buy them online from a seller out of state? I have seen some stores here in MA and people on Craigslist having double-edged knives for sale, which confuses me a bit.

thanks in advance

P.S I did do a lot of research on this topic but only got handful of mixed answers. Some say they're legal to own, while others say otherwise.

 

[Bigfattyt]

Do a search in your state's statute. A 30 second search on google gives me this:

http://www.malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10

(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.


This is not legal advice. But it looks from a very quick reading of their statute, that it is the carry of the dagger that is illegal, not the possession (IE, I think you might be able to have it in your home, but not carry it anywhere, concealed or otherwise). Meaning it looks to me like you can have on in your collection, but can't ever carry it or transport it anywhere. It does not appear to be a prohibition on the ownership. But, that was only the first statute I clicked on, and I don't care to do any more reading on their laws. You can go to the site I linked, and search by word for dagger, and, I would recommend, search for dangerous weapon etc.

 

[glistam]

Having research knife laws for 10+ years, there is no state in the entire US that prevents you from owning a dagger in your home. The only place in the whole wide world I have heard of such a thing is Italy, and that just requires a permit, not an outright ban.

There is one case where a convicted felon in NY was arrested for having a dagger in his home, but the court actually found him innocent.

I do not see anything in any of the MA statutes saying you can't own, buy or sell daggers.

 

[killgar]

This conjures an interesting question in my mind. If it is in fact legal to own, buy, and sell "daggers" (and I believe glistam when he says it is), I wonder how one would actually aquire one without breaking the letter of the law. After all, the dagger has to get to your home somehow. At some point it has to be transported by a vehicle. I wonder if it would be a violation of the law for a UPS driver to transport a dagger in their vehicle for delivery. Naturally neither UPS nor the driver of the truck would know that they are transporting such an item, but they still are. And in the statute that Bigfatty posted, there's no mention of knowingly transporting the item, nor does it specifically explain what "under his control in a vehicle" means.

It seems like the law is a little vague in this area. And it's in those vague areas that prosecuters find room to manuever.

I would imagine that companies like Fedex and UPS have specific rules regarding what customers can and cannot ship through their companies. I wonder if those rules are specific regarding items that are illegal to transport. I think those rules would definitely limit ones ability to insure or file a loss claim on a prohibited item.

In the end, I imagine that as long as the purchaser/customer isn't the one actually transporting the knife (like picking it up at the shipping office and taking it home) then they would be in the clear. But I wonder what the shipping company would do with the item if they discovered it (packaging gets torn open). I imagine they would simply discard it. This might be something to consider before ordering an expensive dagger.

Man, all these silly laws can sure make things complicated.

 

[glistam]

I'd say that issue is [at least partially] solved by the language "carries on his person, or carries on his person or under his control in a vehicle." Under control in legal contexts usually means having direct, ready access to something. If it's in a sealed package or carried off one's person, you could probably argue you way out of it.

 

[Allison Wunderland]

This is not legal advice. But it looks from a very quick reading of their statute, that it is the carry of the dagger that is illegal, not the possession (IE, I think you might be able to have it in your home, but not carry it anywhere, concealed or otherwise). Meaning it looks to me like you can have on in your collection, but can't ever carry it or transport it anywhere. It does not appear to be a prohibition on the ownership. But, that was only the first statute I clicked on, and I don't care to do any more reading on their laws. You can go to the site I linked, and search by word for dagger, and, I would recommend, search for dangerous weapon etc.

Here's some legal advice: You can't get one of these items to your home without "transport." You MAY be able to get a federal firearms dealer to deliver one to your home, but if the police ever searched your home for any reason they'd likely raise some issues about unlawful weapons.

A baseball bat, carried in the motor vehicle can be argued with reasonable success as being a "weapon" -- unless you have the bat bag, gloves, balls and are on your way to the practice field. Good luck convincing the constabulary that it's a club for knocking out fish, or testing the inflation in your tires.

MA and CA prohibit the sale of double edged blades. Europe prohibits lock blade folders.

So much for the Second Amendment, "shall not be infringed."

 

[Allison Wunderland]

This is not legal advice. But it looks from a very quick reading of their statute, that it is the carry of the dagger that is illegal, not the possession (IE, I think you might be able to have it in your home, but not carry it anywhere, concealed or otherwise). Meaning it looks to me like you can have on in your collection, but can't ever carry it or transport it anywhere. It does not appear to be a prohibition on the ownership. But, that was only the first statute I clicked on, and I don't care to do any more reading on their laws. You can go to the site I linked, and search by word for dagger, and, I would recommend, search for dangerous weapon etc.

Here's some legal advice: You can't get one of these items to your home without "transport." You MAY be able to get a federal firearms dealer to deliver one to your home, but if the police ever searched your home for any reason they'd likely raise some issues about unlawful weapons.

A baseball bat, carried in the motor vehicle can be argued with reasonable success as being a "weapon" -- unless you have the bat bag, gloves, balls and are on your way to the practice field. Good luck convincing the constabulary that it's a club for knocking out fish, or testing the inflation in your tires.

MA and CA prohibit the sale of double edged blades. Europe prohibits lock blade folders.

So much for the Second Amendment, "shall not be infringed."

 

[killgar]

MA and CA prohibit the sale of double edged blades. Europe prohibits lock blade folders.

California state law has no restrictions on double-edged knives whatsoever. Double-edged knives are perfectly legal to buy and sell in CA, I've purchased several myself at various knife stores in San Diego.

There is absolutely no mention of "double-edged knives" anywhere in CA state law. California state law does mention "dirks" and "daggers", but all it says is that it is illegal to carry them concealed, and it specifically defines a "dirk" or "dagger" as "any item capable of ready use as a stabbing weapon" , and that includes ALL fixed-blades, regardless of whether they are single or double-edged (open carry of ALL fixed-blades is perfectly legal under CA state law).

Any person who wishes to verify this information for themselves can check California penal codes 21310 and 16470.

 

[TOM1960]

Having research knife laws for 10+ years, there is no state in the entire US that prevents you from owning a dagger in your home. The only place in the whole wide world I have heard of such a thing is Italy, and that just requires a permit, not an outright ban.

There is one case where a convicted felon in NY was arrested for having a dagger in his home, but the court actually found him innocent.

I do not see anything in any of the MA statutes saying you can't own, buy or sell daggers.

Glistam, you are correct. Any kind of knife can be owned by a MA resident and kept in his/her home. The problem is getting it there. If a MA resident went to NH and purchased a automatic knife or a double-edged knife, he/she would become an instant felon as soon as the front wheels of their vehicle crossed the MA border. Best bet is to have the dealer put the new purchase in its original box, tape it shut, put the box in a store bag and staple the sales receipt to the bag. Afterwards, the owner should put the newly-purchased knife in the trunk or other inaccessible part of the vehicle for the ride home. That way, a routine traffic stop won't turn into a felony arrest on a weapons charge.