AKTI - Monitoring Proposed Boston Ordinance

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AKTI Monitoring Boston

October 17, 2001 --- AKTI continues to monitor the introduction of a proposed ordinance in the City of Boston that would ban all knives with blades longer than 2 1/2 inches. Retailers in the city believe that passage would effectively shut down knife sales in the city. For example, under this ordinance, if your grandmother bought a new set of steak knives and was carrying them home in her car, she would be in violation of the law and subject to a $300 fine. We don't know if she would have her knives confiscated. And we don't know if an officer would let her go if she also happened to have a hunting or fishing license in her possession.

These kinds of questions and scenarios are not covered by the proposed ordinance, making it so broad , vague and ultimately unenforceable that AKTI opposes it. If the new ordinance passed, it would create a broad new class of "de facto" criminals that would include virtually every person in Boston that went outside his or her home for a barbecue or to prune the roses. As written, this proposed ordinance allows so much "officer discretion" that it is virtually unenforceable.

AKTI was informed of this proposed ordinance in the first week of October by an employee of a Boston law firm who also happens to be a knife collector. While AKTI subscribes to a StateNet legislative monitoring service, this one fell under their radar because it was not introduced at the state or federal level. That's why it's so vital that AKTI members and non-members alike stay alert to what's happening in their cities and counties and get the message to us when an anti-knife ordinance is proposed.

As of October 17, no hearing date has been set for the ordinance. AKTI has attorneys and Boston retailers closely monitoring this situation. And we have reason to believe some of the sponsoring councilors would be willing to modify their stances if presented with new and compelling information.

AKTI stands ready to do that, as we did successfully in California in 2000 and 2001, when the state legislature was going to remove the exemption for one-handers from the anti-switchblade statute.

As of this date, we are NOT calling for a letter writing campaign in Boston. That may come later. As we know more, we will use this vehicle and our website at www.akti.org to alert you.

In the meantime, here is the full text of the proposed ordinance….


Offered by Councilors Conley, Scapicchio, Ross, Roache, Kelly, Feeney, Hennigan, Davis-Mullen, Flaherty, Murphy and Honan

CITY OF BOSTON

IN THE YEAR TWO THOUSAND AND ONE


AN ORDINANCE PROHIBITING THE CARRYING OF KNIVES OR SIMILAR WEAPONS


Be it ordained by the City Council of Boston, as follows:

That CBC, Ordinances, Chapter 16 be amended by inserting the following new language:

16-45 PROHIBITING THE CARRYING OF KNIVES OR SIMILAR WEAPONS

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 (2 1/2") inches, (except when actually engaged in hunting or fishing or in going directly to and/or returning directly from such activities, or any employment which requires the use of any type of knife), ice picks, dirks or similar weapons that are likely to penetrate through police officer's ballistic vests, or other object or tool so redesigned, fashioned, prepared or treated that the same way may be used to inflict bodily harm or injury to another.

16-45.2 Penalty. Violators of any provision of this ordinance shall be subject to a fine of not more than 300 hundred ($300.00) dollars for each offense.

16-45.3 Severability. The provisions of this section shall be severable and if any section, part, or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining section, part or portion thereof.

16-45.4 Effective Date. This section shall take effect immediately upon its passage.
 
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