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Clarify on Massachusetts/Boston knife laws?
- Thread starter deeveeflo
- Start date
- Joined
- Mar 5, 2012
- Messages
- 10
Read through this thread a few times as I started to EDC a knife again after a long break. What I can't believe is that according to the 2.5" rule, pretty much every Swiss Army Knife is against the law in Boston? That seems rediculous.
As a disclaimer the information I am writing is for informational purposes only and is not legal advice or a substitute for legal counsel. Ask a lawyer, or take a class.
Please before continuing consider your intent for carrying a knife. Do you view it as a utility, a self-defense weapon, or both? It is very important to consider this because a knife can be a fantastic utility and a dangerous weapon, and because a knife is a knife these two considerations go hand-in-hand.
If you read and consider the exceptions for 16-45.1 Carrying of Weapons Prohibited. and you think of your knife as a utility and not a weapon then you can interpret lawful recreational activity which customarily involves the carrying or use of any type of knife as quite a number of things we do with knives daily! Opening your mail or boxes you receive by post. Perhaps you use it on the job, or on your food for eating. You use it on packages you buy at the store, or maybe even to whittle wood; honestly, many people carry knives because they are great utilities. To and from work, on the job, and in their free time; knives are useful. Unfortunately people have and can use them to kill and this is why we have laws for them, so make sure you're carrying a knife with you for the right reasons and you're arguably within the law.
There's some basic fundamentals here:
Carrying a knife is a big responsibility; it can kill (deadly force), so don't breach the peace or act stupid while holding or carrying one and no one will have a reason to perceive your knife as a dangerous weapon.
Secondly always treat your knife as a utility; if you want something for defense, get a gun. Chances are you wont know how to use the knife to defend yourself if you carry it for utility; if you're training with your knife as a weapon then you should be treating your knife like you would as a gun. There's a lot to be learned from taking a concealed carry course so look into that as its like $100. If you're carrying anything that could ever be considered a dangerous weapon such as a pencil, a knife, a hammer, a gun, a wrench, whatever, you should invest time into understanding when you can draw these things to protect yourself ("Stop or Ill shoot!") and when you can use these things to protect yourself (Bang!). Again, take a class, it is a meager price to pay to keep your knife, keep you alive and healthy, keep you within the law, and keep you out of jail.
Thirdly, as a general guideline touching on a point above, you should never pull from concealment that which could be considered a weapon in the capacity of a weapon unless you fear for your life; basically, draw as a last resort in fear and never draw in anger. I can't think of any reason you could lawfully pull a knife in anger; if someone's porkin' your significant other, robbing your house, pretending to be a police officer because they're a wacko, calling your names, pissing on your shoe etc. A knife constitutes deadly force, and can only be used as a weapon to protect you from an imminent threat to your life.
I hope this helps convey some basic understanding of this law... only a lawyer or a judge can give you the real answers because of course its all up for interpretation and how often and strictly police choose to enforce them. Just be smart and responsible, don't break the law, use your knife as a utility, and you'll probably never have a problem... and if you do, cooperate, keep your mouth shut, lawyer up, and learn the hard way.
To answer the OPs original question from 2012, you can demonstrably and arguably carry a Strider SNG within the law in Boston, however I would strongly recommend against taking it anywhere you could be questioned about it because it is in excess of 2.5inches thus requiring a good reason to have it per the exceptions. It sounds like the OP doesn't live in Boston, so typical reasons for having a knife would be much harder to argue. Knives (that meet the state and other Boston criteria) are legal in Boston, so its unlikely police will ask to check the compliance of your knife unless they have another reason to do so.
A good example and the best advice of common sense i can give in Boston is to leave your knife at home or in the car when you're "going out" because you really have no reason for having it anywhere you could be going unless of course you will definitely be using it at your destination. I can't think of anyplace out in Boston I say to myself, yeah I should bring my pocket knife with me to that place; conversely, if you're just walking around doing errands or shopping then "hey, it may come in handy." It might be smart to tuck the clip away to avoid questions, you're probably not going to find it useful anyways and any police officer could be having a bad day and ask to measure the blade length but I've never heard or read about this ever happening. TBH most police officers and knife shops think all sorts of things that aren't written anywhere into law like being no bigger than your palm etc. This is my own personal experience of course, and that kind of scares me that our police and knife dealers might not know the laws, but I have never had a problem with it and you shouldn't either provided that you know the law. If you're worried carry a copy of the law or law title in your phone's notes. Furthermore if you need a knife in a restaurant or bar for example, chances are your server will bring you one; arguing the utility of your knife in this or other similar establishments will be much more difficult. Its a utility, so only bring it with you when you might need it; you're simply not within the law to take this knife anywhere in Boston even if you can go just about everywhere with it and not have a problem.
'Goodguys' don't really use knives as weapons because they make bad weapons for goodguys. If you absolutely need something with you for self defense and can't/won't get an LTC for any reason, you should invest in a very very powerful pocket flashlight (these go everywhere like clubs, planes, etc.), and consider carrying with you pepper spray that is now legal to carry without a permit in MA (this wont go everywhere, but its cheap and easy to get and isn't lethal force). Please take a class before you carry pepper spray.
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SAK Cadet is legal in Boston.Read through this thread a few times as I started to EDC a knife again after a long break. What I can't believe is that according to the 2.5" rule, pretty much every Swiss Army Knife is against the law in Boston? That seems rediculous.