Is my AO knife considered to be a switchblade?!

S

snorkem

Joined
Aug 12, 2009
Messages
410
Recently I've read that many laws define switchblades as basically anything that can flip open quickly. I live in MA. I have a kershaw tyrade(yes i know its illegal because of the blade length), but is it also considered illegal because its AO

Ps. i talked to my local police chief and he had no clue.
 
What constitutes a switchblade varies from state to sate, county to county, city to city, etc. Not only that, but individual officers will interpret knives differently as well. As if that weren't enough, the same officer might consider an AO knife as a regular folder on a good day and a switchblade on a bad day.

If the blade length is already illegal, then it's a bad idea to carry it in the first place, especially since it's AO. Something tells me that if the blade is too long, it will really sway an officer's opinion in the "switchblade" direction whether or not your jurisdiction actually considers it as such.

If you ever want to carry an AO knife with a legal blade length in the future, you'll need to research your city/town laws (should be available online). If you find it to be legal, I'd recommend printing out the specific ordinance (make sure it is labeled so the officer could look it up as well) to show to an officer if questioned, as officers don't always know the specifics of knife laws.
 
snorkem said:
Recently I've read that many laws define switchblades as basically anything that can flip open quickly.
Click to expand...

Um... "quickly" would be a terrible word for a law, since how fast a knife can be deployed would depend on the user. That might be akin to a politician saying revolvers are ok since they can't be shot fast. Depends on the user.
 
Probably maybe. Who knows depends on the cop/city/month/etc. Just don't do anything stupid or illegal and you should be fine. I EDC a 4.25in folder and balisong often and never had a problem.
 
It could be illegal based on the wording:"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," Here is the total law:

http://knife-expert.com/ma.txt
 
tom19176 said:
It could be illegal based on the wording:"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," Here is the total law:

http://knife-expert.com/ma.txt
Click to expand...

In Canada, the definition is as follows:
(a) a knife that has a blade that opens automatically by gravity or centrifugal force or by hand pressure
applied to a button, spring or other device in or attached to the handle of the knife
Click to expand...
Basically there needs to be a button on the handle that releases the blade for it to be a switchblade. A/O's are fine, I'm sure it's similar in the US.
 
There is no blade length restriction in MA, that length refers to automatic knives only. AO knives are legal in MA, as they do not conform to the federal definition of automatic. You have to touch touch the blade to open the AO. Relax and enjoy your knife.

P.S.
I live in MA, if you ever have a MA specific question, feel free to PM me.
 
Last edited:
Ask two cops in the same town and you'll get different responses. But both will tell you don't show off and act responsibly.

I love my AO's like the BM Barrage, but also as a regular knife carrier don't announce what I've got in my pocket.

Bottom line: know your local laws and behave yourselves! :cool:
 
jkarp_53 said:
Ask two cops in the same town and you'll get different responses. But both will tell you don't show off and act responsibly.

I love my AO's like the BM Barrage, but also as a regular knife carrier don't announce what I've got in my pocket.

Bottom line: know your local laws and behave yourselves! :cool:
Click to expand...

very true no good answers..but i studied the law in my locale and basically anything goes. the authorities wont tell you that but in regards to a switch blade. i assume that if you do not have to touch the blade to open it. its a switchblade..such as a leverletto. as for as a kershaw goes they have to be manually opened by hand 30 degrees before lift off. thats the loop hole i hope never closes..but they are very fast.

joey
 
Threads like these always make me nervous. The law or bylaw might say something but it all boils down to interpretation. It is likely not as simple as the wording in the law, a judge or adjudicator might interpret the law in a particular way that becomes jurisprudence. The thing to remember is that it is their interpretation and not yours or anyone else's that really matters when it comes to the law. You and I and everyone else might know what a switchblade really is, but not all judges are knifeknuts like us, right?

Someone posted a Canadian legal definition for a "switchblade". I can tell you that a proper definition is harder than that (based on judicial and quasi-judicial interpretation) and that definition could be different in the context of possession compared to importation.

All of this to say be careful. The safest thing might be to get an opinion in writing from the relevant authority in your jurisdiction or to consult a lawyer for a 100% definitive answer.
 
somniloquist said:
Threads like these always make me nervous. The law or bylaw might say something but it all boils down to interpretation. It is likely not as simple as the wording in the law, a judge or adjudicator might interpret the law in a particular way that becomes jurisprudence. The thing to remember is that it is their interpretation and not yours or anyone else's that really matters when it comes to the law. You and I and everyone else might know what a switchblade really is, but not all judges are knifeknuts like us, right?

Someone posted a Canadian legal definition for a "switchblade". I can tell you that a proper definition is harder than that (based on judicial and quasi-judicial interpretation) and that definition could be different in the context of possession compared to importation.

All of this to say be careful. The safest thing might be to get an opinion in writing from the relevant authority in your jurisdiction or to consult a lawyer for a 100% definitive answer.
Click to expand...

Good advice, but there is one tiny problem. In law, there is no such thing as a 100% definitive answer. Laws are written by lawyers, and lawyers make a living arguing over what those laws mean. They couldn't make a living if the meaning of the words didn't change every time someone looked at them.
 
yablanowitz said:
Good advice, but there is one tiny problem. In law, there is no such thing as a 100% definitive answer. Laws are written by lawyers, and lawyers make a living arguing over what those laws mean. They couldn't make a living if the meaning of the words didn't change every time someone looked at them.
Click to expand...

Laws are written by politicians, who leave it to lawyers and judges to try to figure out - and the District Attorney is a politician first - believe me I know. I have spoken with ADA's who talk about all kinds of things that have nothing to do with the law, its all about politics. District Attorney's don't get re-elected by going soft on crime - your tax dollars at work. I have had good luck with judges by simply pointing out the "plain" language of the statute - judges are themselves bound by precident and by the interpretations going on statewide, nationwide. One judge will give credence to what another has said, even in another state if it seems reasonable. The recent Customs issue around AO knives was a boon for defending against unreasonable knife laws, because it provides a catalyst around how a judge shoudl rule - it provides them some support so they don't feel like they are out on the proverbial limb. It is also important for the user to say "no, this is a tool and I am doing nothing wrong, and here is why," and it takes courage to do that in front of a court. I am proud to stand next to those people and assist them in protecting their rights. I call myself Lawyer.
 
Smash05 said:
There is no blade length restriction in MA, that length refers to automatic knives only. AO knives are legal in MA, as they do not conform to the federal definition of automatic. You have to touch touch the blade to open the AO. Relax and enjoy your knife.

P.S.
I live in MA, if you ever have a MA specific question, feel free to PM me.
Click to expand...

"16-45.1 Carrying of Weapons Prohibited.
No person, except as provided by law, shall carry on his person, or carry under his control in a vehicle, any knife having any type of blade in excess of two and one-half (2½ ) inches"
 
well now im just confused whether there is a carry limit or not, one says that it only applies to switchblades the other says everything, oh well im bound to live in confusion.
 
snorkem said:
well now im just confused whether there is a carry limit or not, one says that it only applies to switchblades the other says everything, oh well im bound to live in confusion.
Click to expand...

Call your local police department and ask where one could find the answer to the question. That will be as soon as it can get for the time being.
 
Last edited:
snorkem said:
well now im just confused whether there is a carry limit or not, one says that it only applies to switchblades the other says everything, oh well im bound to live in confusion.
Click to expand...

Smash05 was referring to the part of the law that says "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", Smash05 was correct in that, that part of the law is indeed referring only to automatic knives, but it says in another portion of the law "any knife having any type of blade in excess of two and one-half (2½ ) inches".
 
Wsfuller95 said:
Smash05 was referring to the part of the law that says "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", Smash05 was correct in that, that part of the law is indeed referring only to automatic knives, but it says in another portion of the law "any knife having any type of blade in excess of two and one-half (2½ ) inches".
Click to expand...

Where in the Mass General Law is there a length restriction?

http://knife-expert.com/ma.txt

Wsfuller95 - you are referring to the Boston Municipal Code, not the Massachusetts General Laws. Trust me, I defend these kind of cases in court.
 
You must log in or register to reply here.
Back
Top