MA interpretation

[Daniel Moore]

Massachusetts - Chapter 269, Section 10... (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 which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife..., dirk knife, any knife having a double- edged blade, or a switch knife... shall be punished by imprisonment for not less than two and one-half years nor more than five years in the state prison... 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.
- C. 269, Section 10... (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 which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife..., 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... shall be punished by imprisonment for not less than two and one- half years nor more than five years in the state prison... 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.
- C. 269, Section 12. Whoever manufactures or causes to be manufactured, or sells or exposes for sale, an instrument or weapon of the kind usually known as a dirk knife, a switch knife... or a device or case which enables a locking knife to be drawn at a locked position, any ballistic knife... shall be punished by a fine of not less than fifty nor more than one thousand dollars or by imprisonment for not more than six months...
- C. 269, Section 12. Whoever manufactures or causes to be manufactured, or sells or exposes for sale, an instrument or weapon of the kind usually known as a dirk knife, 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 device or case which enables a locking knife to be drawn at a locked position, any ballistic knife... shall be punished by a fine of not less than fifty nor more than
one thousand dollars or by imprisonment for not more than six months...
Massachusetts Case Law:
- "Knives described as 'kitchen knife,' 'folding type knife,' and 'Swiss army knife' may not fall within category of dangerous weapons." (1994)

Is that saying that you cannot carry a knife with a blade of over 1.5", or that you cannot carry a dirk, ballistic, etc. with a blade over 1.5"?

 

[shootist16]

Is that saying that you cannot carry a knife with a blade of over 1.5", or that you cannot carry a dirk, ballistic, etc. with a blade over 1.5"?

Looks to me like you cannot carry a dirk, ballistic, etc. with a blade over 1.5".


On a diiferent note I wonder if the Emerson Wave fits into the category of "device or case which enables a locking knife to be drawn at a locked position"?

 

[Daniel Moore]

Thanks Shootist.

I would imagine so...but there was a thread concerning this a while back. I'll go get the URL.

Edit: Here's what was said:

Does the wave feature, on the Emerson Commander, make this knife illegal in MA? I know MA makes the sale or possession of any sheath or knife that opens the blade, as it is withdrawn, illegal. However, the Commander opens when drawn only when you withdraw it in a quick deliberate fashion. It can also easily be drawn without it opening.

If the cop who finds it on you knows that law and thinks the Wave is in violation of that law, you may have to fight it out in court. I imagine the law was written w/o knowledge of Emerson knives, but refering to a similarly functioning mechanism. If you think there's a high probability that you'll be searched by the police, it might be best to carry a different knife. If you rarely if ever have problems with the police, look respectable, etc., I wouldn't worry about it too much.

That was the only reply, it makes sense though.