Dirk/Dagger MA case law

[a2d2]

I'm not sure if this has been posted in the past but thought I should post this link. There is a lot of confusion as to what exactly a dirk and/or dagger is according to MA law. This case may(or may not) clear up some of the confusion.


COMMONWEALTH vs. ISMAEL GARCIA(other relevant cases cited/quoted within)
http://masscases.com/cases/app/82/82massappct239.html

 

[TOM1960]

I'm not sure if this has been posted in the past but thought I should post this link. There is a lot of confusion as to what exactly a dirk and/or dagger is according to MA law. This case may(or may not) clear up some of the confusion.


COMMONWEALTH vs. ISMAEL GARCIA(other relevant cases cited/quoted within)
http://masscases.com/cases/app/82/82massappct239.html

A high school student in Malden, MA was expelled from school and charged with a felony for carrying a double-edged knife in school. You might be able to find a link by Google-searching it. I believe it happened January 18, 2013. If he gets convicted, his is screwed. He will lose his Second Amendment rights for life and a lot of employment and educational opportunities will be closed to him.

 

[acourvil]

I think the case referred to by a2d2 may be one of those situations where "hard cases make bad laws." Given the description of the attack, it seem easy to understand why a court would like to find a weapons violation. But as best as I can tell, the only test stated for whether the knife was a dirk/dagger was whether it was primarily intended for stabbing, and then the court suggests that whether a particular knife is a dagger is a question of fact for the jury. This is not what I would call a clear legal standard, and it seems contrary to the general principle that ambiguity in criminal laws should be resolved in favor of the defendant.