Someone stabs themself with your knife....

[noeix]

If you own an illegal knife and accedently someone takes that knife and stabs themself with it, does the owner of the knife face any possible charges in the state of Massachusetts specifically, or in general.

The knife is only illegal because it is slightly too large, by about an inch, and to the best of my knowlege isn't a switch blade.

 

[bexteck]

As explained to me by the police chief in my town, outside of Boston, MA has no length limit on non-switchblade knives. Switchblades must be less than 1.5". If you are in Boston, the limit is 2.5".

Forget about the "4 inches" rule or the "palm size" rule. They are myths of the sheeple. I have had to deal with enough of them that I carry a small copy of the MA knife laws in my wallet to help to educate those who are not clear on what is and what is not legal.

Your knife would only be considered a switchblade if the blade opens automatically when a button is pushed. This does not include assisted opening knives, which will not open until the user begins moving the blade by hand.

So your knife is probably not illegal, unless you are in Boston. I cannot comment on the legal reprucussions of the situation you described, but I can recommend that you never let anyone use your knife if they would have the tendency to: A. injure themselves with it, and B. try to hold you legally accountable when they do.

 

[Swizzle]

if you loan someone a hammer and they smash their finger with it, are you liable? seems highly unlikely, and a knife, like a hammer, is just a tool. as long as it was an adult, it seems highly improbable that you can be held accountable. don't know about the illegal knife part, but if it was in your home, it shouldn't be illegal anyways, right?

 

[Nilaman]

Bexteck.. maybe you can help me understand a few of the laws that I find a bit contradictory to your statement. These laws have also kept a few of my knives shelved depending on where I'm headed.

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



(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 (Wave feature?), 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 (Assisted Opening?), 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.

Now, I can understand where you take the 1.5 inches to mean switchblades. My issue with that statement is that while it seems like they are describing switchblades, could it be possible that they are also discussing other knives too?

 

[bexteck]

a device or case which enables a knife with a locking blade to be drawn at a locked position (Wave feature?)

This would be a sheath that activates the blade when the knife is being drawn, so that while it is in the sheath, the blade is closed and by the time the knife has been removed, the blade is open and locked. (designed to be an easily deployable knife to stab someone with)

or any knife having an automatic spring release device by which the blade is released from the handle (Assisted Opening?)

The key word here is automatic. Assisted opening knives require that the blade is moved first by the user, and once it is partially open, the spring takes over. Only requirement of an assisted opener is that they have a detent (spring force keeping the blade closed) that must be overcome before the spring will open the blade.

having a blade of over one and one-half inches

Now, I can understand where you take the 1.5 inches to mean switchblades. My issue with that statement is that while it seems like they are describing switchblades, could it be possible that they are also discussing other knives too?

The law is not written clearly at all, but it is only applying to switchblades. If there was an "or" between the two statements, then the 1.5" statement would not be applying to just switchblades, but the way it stands now, no length limit exists for non-switchblades outside of boston.

If you are still skeptical, have you not seen knives in sporting goods stores and wal-marts that are more than 1.5" long? A while back I bought a 3.25" Kershaw Blackout spring assist knife from wal-mart. Even the knives they sell to cub scouts here are 2.5-3" long, I know because I used to be one.

Bottom line, ask a police officer in your area or a lawyer, I'm sure they would be happy to explain what is and is not within the bounds of the law. Just make sure they know you would be using it as a tool. They tend to not like it when people tell them they carry knives for self defense (probably heard it from every gang member who was ever caught with a knife).

Hope this answers your questions.

 

[Nilaman]

Thanks for clarifying a few things. I've only recently moved to MA for college and don't plan to stick around too long. Of course I have seen knives for sale that would break my [flawed] understanding of these laws, but I always assumed it was due to people being allowed to own and display such knives but not to carry in their pocket.

Again, thanks for clearing things up.