waves in MA

[MAKnifenut]

Hey guys. So i live in MA and i always have afew knives on me. I used to edc my spartan but i recently switched to a waved delica. I did this for legal reasons. the law says that a knife is illigal iff it has a device attached to the blade enableing it to be drawn from the pocket in a locked position. The reason i stopped carrying the spartan is because the plate is attacked to the spine of the blade with a screw. The way i see it, im safe carrying a waved delica because the wave is part of the blade and is not a device attached to the blade. Do you think this would stick in court or with a cop who had an ounce of common sence? I know im good with my local PD cause i know afew guys on the force. Just wondering what you guys think of my interpretation of the law.

 

[glistam]

The law actually says: "a device or case which enables a knife with a locking blade to be drawn at a locked position" (https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10)

If I were a cop, I would say that means it's only illegal if the device is a separate object entirely from the knife. The failed CRKT Merlin being a good example, but I believe this law was also meant to prohibit carrying a locking folder in sheath with its blade already open. Problem is, my opinion doesn't matter. The cops you deal with matter, so you really need to ask them.

 

[MAKnifenut]

The law actually says: "a device or case which enables a knife with a locking blade to be drawn at a locked position" (https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10)

If I were a cop, I would say that means it's only illegal if the device is a separate object entirely from the knife. The failed CRKT Merlin being a good example, but I believe this law was also meant to prohibit carrying a locking folder in sheath with its blade already open. Problem is, my opinion doesn't matter. The cops you deal with matter, so you really need to ask them.

Thanks man, thats exactly how i interpreted it

 

[TOM1960]

The law actually says: "a device or case which enables a knife with a locking blade to be drawn at a locked position" (https://malegislature.gov/Laws/GeneralLaws/PartIV/TitleI/Chapter269/Section10)

If I were a cop, I would say that means it's only illegal if the device is a separate object entirely from the knife. The failed CRKT Merlin being a good example, but I believe this law was also meant to prohibit carrying a locking folder in sheath with its blade already open. Problem is, my opinion doesn't matter. The cops you deal with matter, so you really need to ask them.

That device is long obsolete. It was designed to fit on one's belt and held a large folder, partially open (Buck 110 was the most popular). It was invented back in the dark ages, before one-handed-opening knives were mass-produced and marketed. Of course, MA liberal politicians banned it almost immediately, but it never did have a lot of followers. It was fairly large and clumsy. MA state law does not specifically ban the carrying of an locked-open folder in a sheath, but I fail to understand the reasoning for wanting to do so. Just purchase a good-quality sheath knife and be done with it. As far as asking cops for advice on legal matters, best bet is DON'T! They do not know the law. Ask ten cops the same question and I will just about guarantee that you will get ten widely differing answers. Of course, you will be the one facing criminal charges, not them. Besides, they will almost certainly deny giving such advice if questioned about it. Only your own attorney can give you sound legal advice.

 

[glistam]

I actually still own a Merlin. Thing is a death-trap! Reaching for the knife carries a risk of accidentally cutting yourself on the exposed blade, not the mention accidentally sitting or falling on it.

As for why one would carry a folder opened already in a sheath, the main reason is actually to skirt bans on concealed fixed blades. For all the BS both in law and net discussions about how "fast" a switchblade, balisong, wave, or thumb-stud folder is, the FB is always the winner for speed and readiness. States are all over the place on how to treat this. California actually has it built into the law that locked-open folders still count as "dirks" etc. when carried concealed. Whereas Maryland established a common law exception for all folders that specifically says already opened and locked folder still is a folder (and therefore legal).

 

[kristopher]

I live in MA and have wondered about waved knives, too. I am willing to bet that if you get a cop with a bone to pick, they will try to charge you on that law. You know how things go in MA, they have a heart attack anytime anything that might possibly be construed as being a weapon comes out. This *is* the state where freaking slingshots are illegal.

I had a woman flip out at my last job when I used my SAK to open a box. "Wow, that's a big knife!"

Best advice I could give you is to be judgmental about the knife and where you carry and use it. Keep in mind that even something as small and innocuous as the Delica can and will get you taken to jail in several towns in MA, based solely upon the blade length. Good luck.

Kristopher

 

[TOM1960]

I live in MA and have wondered about waved knives, too. I am willing to bet that if you get a cop with a bone to pick, they will try to charge you on that law. You know how things go in MA, they have a heart attack anytime anything that might possibly be construed as being a weapon comes out. This *is* the state where freaking slingshots are illegal.

I had a woman flip out at my last job when I used my SAK to open a box. "Wow, that's a big knife!"

Best advice I could give you is to be judgmental about the knife and where you carry and use it. Keep in mind that even something as small and innocuous as the Delica can and will get you taken to jail in several towns in MA, based solely upon the blade length. Good luck.

Kristopher

Today's crop of tactical folders are designed from the ground up for ease of use and carry. Personally, I do not use the pocket clips. I prefer deep-pocket carry because, as you mentioned, there are a number of jurisdictions that ban the carrying of knives with blades over 2.5" in public. These are local ordinances and have nothing to do with MA state law. Automatic sheaths, or whatever those bulky knife-opening devices are called, are not only unsafe (dangerous to the user), but also tend to make one look like a mall-ninja or James Bond wannabe. Not the best bet for staying under the LE radar. I am a low-profile kind of guy and always have been. The less LE types notice, the better. You are correct; just about anything and everything in this liberal paradise of a state can be considered a weapon.