Ok I looked online for the legal length for a knife in Massachusetts for days... Finally I emailed a knife maker in Mass. He was kind enough to send me an email saying 6in is the legal length... ok I just bought a Muela Tornado.. its 71/8 in long Now I have to hide it in the house... but I noticed only 5in has an edge.. does that mean its legal.... or not?
Massachusetts Legal Knife Length
- Thread starter jamgusmc
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If the metal extending from the handle is 7 1/8" long, don't rely on a judge only counting the "sharpened" part. I've heard tell of judges, LEO's, etc. measuring from the pivot pin in a folder, so a real phrase to live by in this case is "better safe than sorry."
I'm curious as to where it states that the legal length in MA is 6" -- I'd be grateful if you can forward me the e-mail, or point me in the direction of that particular piece of legislation. It's certainly not that I don't believe you, I've just not found that number in any of the research I've done into this (which is not extensive by any means, but I have searched a number of times).
When it comes to carry blades, I've tried to stick with a sub-4" blade. The closest I carry regularly is 3 7/8", my Gerber Applegate/Fairbairn Covert folder. I havent' carried a fixed-blade in a while, but when I did it was Camillus' sub-4" boot knife (single-edged ONLY ... I DO know that double-edged is illegal.)
Just my thoughts, from just another subject of the sheeple-dom of Massachusetts.
I'm curious as to where it states that the legal length in MA is 6" -- I'd be grateful if you can forward me the e-mail, or point me in the direction of that particular piece of legislation. It's certainly not that I don't believe you, I've just not found that number in any of the research I've done into this (which is not extensive by any means, but I have searched a number of times).
When it comes to carry blades, I've tried to stick with a sub-4" blade. The closest I carry regularly is 3 7/8", my Gerber Applegate/Fairbairn Covert folder. I havent' carried a fixed-blade in a while, but when I did it was Camillus' sub-4" boot knife (single-edged ONLY ... I DO know that double-edged is illegal.)
Just my thoughts, from just another subject of the sheeple-dom of Massachusetts.
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I grew up in Dorchester and hung around there my formative years and the few times that officers confiscated my knives they always went by the 4 finger rule. If the blade spanned longer then the width of 4 fingers they took it. Of course all my knives were bigger then 4 fingers but different sized cops had different sized hands when they measured but naturally at the time I was not going to be the one to bring it up LOL. I now realize that it was only the individual cops take on size and not the written law but what is a 16 year old going to do about it. I was always glad that all I lost was the knife instead of being taken to jail for the evening and missing out on all the beer we kicked in for.Also this was about 35 years ago and I know things have changed some what. "Er haven't they?"
Bob
Bob
There didn't use to be a "legal length" for knives in Masachusetts. The most notable restriction IMO is no double edge blades. MGLA 269 s. 10 is the applicable law. I have included a link to it. Sub section (b) is a biggie. I won't give legal advice. Read it and decide for yourself.
http://www.state.ma.us/legis/laws/mgl/269-10.htm
Take care,
bug
http://www.state.ma.us/legis/laws/mgl/269-10.htm
Take care,
bug
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The only length law I'm aware of involves switchblades, which cannot be over 1.5 inches. Individual cities/towns/counties might have more restrictive laws.
Other than that, as long as it's not a stilleto, dagger, dirk, double-edged, ballistic, or >1.5" automatic, you're good to go. But, again, that's just the state's laws - you can run into more restrictive laws at the local level.
[edit]
Forgot to mention the 'device which allows a locking knife to be drawn at the locked position', which covers waved Emersons, as well as kydex sheaths used to open a folder or balisong as it is drawn. Of course, since fixed-blades are legal, this is a particularly stupid piece of legislation.
[/edit]
--JB
Other than that, as long as it's not a stilleto, dagger, dirk, double-edged, ballistic, or >1.5" automatic, you're good to go. But, again, that's just the state's laws - you can run into more restrictive laws at the local level.
[edit]
Forgot to mention the 'device which allows a locking knife to be drawn at the locked position', which covers waved Emersons, as well as kydex sheaths used to open a folder or balisong as it is drawn. Of course, since fixed-blades are legal, this is a particularly stupid piece of legislation.
[/edit]
--JB
No, the "Legal Length" for switchblades in Massachusetts isn't 1.5 inches...unless you only have one arm.
Federal Law punishes possession of a 1.5 inch (or any length) switchblade in Massachusetts by five (5) years in prison...unless you have one arm. Presumably the disabled are considered to have a need for convenience two armed folks don't have. A wise excepion in my opinion if we have to ban switchblades. Here is a link to the Federal law-
http://pweb.netcom.com/~brlevine/fed-swb.txt
No Massachusetts cities/towns/and counties won't have more restrictive knife laws because the State of Massachusetts has pre-empted the field of knife laws with MGLA c. 269 s. 10, and state law will control.
Take a lot of care,
bug
Federal Law punishes possession of a 1.5 inch (or any length) switchblade in Massachusetts by five (5) years in prison...unless you have one arm. Presumably the disabled are considered to have a need for convenience two armed folks don't have. A wise excepion in my opinion if we have to ban switchblades. Here is a link to the Federal law-
http://pweb.netcom.com/~brlevine/fed-swb.txt
No Massachusetts cities/towns/and counties won't have more restrictive knife laws because the State of Massachusetts has pre-empted the field of knife laws with MGLA c. 269 s. 10, and state law will control.
Take a lot of care,
bug
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Bug, the Federal Switchblade Act does not prohibit posession of switchblades - only selling them across state lines to those who are not exempted (military, and the one-arm rule, etc.). Actually, the Federal law cannot constitutionally issue a posession restriction - it's a 'power reserved for the states'.
Where does 269-10 preempt the locals from having more specific laws? I'd love it if it does, but I haven't found such a statement, any time I've read it.
--JB
Where does 269-10 preempt the locals from having more specific laws? I'd love it if it does, but I haven't found such a statement, any time I've read it.
--JB
E_utopia the Federal Switchblade act DOES prohibit the possession of switchblades:
§ 1243. Manufacture, sale, or possession within specific jurisdictions; penalty
Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
Without going into the definition of Territory, Indian Country, special maritime jurisdiction, territorial jurisdiction of the United States etc., Federal Law DOES prohibit possession of switchblades.
This has turned into legal baloney. My thrust has been that the Massachusetts knife maker who told Jamgusmc that "6in is the legal length" in Massachusetts is wrong. Jamgusmc is hiding his "Muela Tornado.. its 71/8 in long". I don't think he has to. Call the police and ask them Jamgusmc. Get and write down the name of the Officer that gives you an answer. Memorialize the phone call by writing the officer a letter that says something like, "Pursuant to our phone conversation today, 7/4/01, I intend to begin carring my 7 1/8" bladed knife because you told me that such carry would be legal." For sa dollar or so have the post office give you a return receipt to prove the police got the letter. Keep a copy or two. The letter and return receipt would be nice to have if you are tossed about the Tornado. You of course know that carrying a 7 inch knife openly is asking to be tossed.
E_utopia, MGLA c.269 s. 10 is not my authority for my pre-emption statement, case law is. When a state has exhibited an intention to legislate a certain thing, e.g. drug possession, local ordinances or bylaws inconsistent with state law are of no effect. It is said that the local law is pre-empted by state law.
Take care,
bug
§ 1243. Manufacture, sale, or possession within specific jurisdictions; penalty
Whoever, within any Territory or possession of the United States, within Indian country (as defined in section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both.
Without going into the definition of Territory, Indian Country, special maritime jurisdiction, territorial jurisdiction of the United States etc., Federal Law DOES prohibit possession of switchblades.
This has turned into legal baloney. My thrust has been that the Massachusetts knife maker who told Jamgusmc that "6in is the legal length" in Massachusetts is wrong. Jamgusmc is hiding his "Muela Tornado.. its 71/8 in long". I don't think he has to. Call the police and ask them Jamgusmc. Get and write down the name of the Officer that gives you an answer. Memorialize the phone call by writing the officer a letter that says something like, "Pursuant to our phone conversation today, 7/4/01, I intend to begin carring my 7 1/8" bladed knife because you told me that such carry would be legal." For sa dollar or so have the post office give you a return receipt to prove the police got the letter. Keep a copy or two. The letter and return receipt would be nice to have if you are tossed about the Tornado. You of course know that carrying a 7 inch knife openly is asking to be tossed.
E_utopia, MGLA c.269 s. 10 is not my authority for my pre-emption statement, case law is. When a state has exhibited an intention to legislate a certain thing, e.g. drug possession, local ordinances or bylaws inconsistent with state law are of no effect. It is said that the local law is pre-empted by state law.
Take care,
bug
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Bug, that is in referrence to areas other than states. 'Territory or possession of the United States' refers to areas like DC, military bases, and embassy land, which are Federally controlled, not state-controlled.
Last time I checked, Massachusetts is a state....
State knife laws do not, per se, preempt local laws. The locals cannot make something legal which the state has deemed illegal, but this state law does not list things which are legal; it lists things which are illegal. The local government is free to add to that list, if they so choose.
Certain states have laws which restrict the rights of localities, but I have yet to hear of such a law in Mass - if you actually have something to base your claim on, I'd love to hear it, as it would be nice to add to the copy of 269-10 that I carry when in Mass.
******
jamgusmc, contact the Mass. Attorney General - if they are willing to offer you a legal opionion on the knife laws, then it is admissable in court. Statements by officers are not, in any jurisdiction I've checked.
--JB
Last time I checked, Massachusetts is a state....
State knife laws do not, per se, preempt local laws. The locals cannot make something legal which the state has deemed illegal, but this state law does not list things which are legal; it lists things which are illegal. The local government is free to add to that list, if they so choose.
Certain states have laws which restrict the rights of localities, but I have yet to hear of such a law in Mass - if you actually have something to base your claim on, I'd love to hear it, as it would be nice to add to the copy of 269-10 that I carry when in Mass.
******
jamgusmc, contact the Mass. Attorney General - if they are willing to offer you a legal opionion on the knife laws, then it is admissable in court. Statements by officers are not, in any jurisdiction I've checked.
--JB
e_utopia wrote:
Worthiness of belief is often shown by minor things. E_utopia you've been watching too little court. Statements by police officers are quite commonly admissable in court. For example written statements like police reports are admissable in any court I can think of. Oral statements of officers are admissable too. For example "What did the officer say next? The officer stated that I was not under arrest because he liked my letter from his brother officer.
bug
Worthiness of belief is often shown by minor things. E_utopia you've been watching too little court. Statements by police officers are quite commonly admissable in court. For example written statements like police reports are admissable in any court I can think of. Oral statements of officers are admissable too. For example "What did the officer say next? The officer stated that I was not under arrest because he liked my letter from his brother officer.
bug
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Bug, the point is, that the answer is 'maybe'. There is no state law against it, but there may be local or county laws against it. It's been a while, but I believe that the 6" law does exist in Worcester or Boston. But I'm not certain - it's best to check, first.
As to admissability of officer statements, that was in refference to 'officer, is this legal?' questions. It is the responsibility of the citizen to ascertain the legal status of a knife, not the responsibility of the officer. The Attorney General is the best organization to ask, since they are the ones who will end up prosecuting any violation of the law, so it is their business to know what is and is not illegal.
--JB
As to admissability of officer statements, that was in refference to 'officer, is this legal?' questions. It is the responsibility of the citizen to ascertain the legal status of a knife, not the responsibility of the officer. The Attorney General is the best organization to ask, since they are the ones who will end up prosecuting any violation of the law, so it is their business to know what is and is not illegal.
--JB
e_utopia wrote:
You are saying that Boston or Worcester can, and may have made all 6 inch knives illegal, even though they are legal everywhere else in Massachusetts.
bug wrote:
bug
Your position is far reaching e_utopia. What you are saying is that anyone carrying any knife, is at risk of arrest because any local government may ADD to the list of knives made illegal by the state. You are trying to burden us with learning the laws of...everywhere.
You are saying that Boston or Worcester can, and may have made all 6 inch knives illegal, even though they are legal everywhere else in Massachusetts.
bug wrote:
Are you sure you don't want to rethink your position e_utopia? IMO your position would result in almost no one carrying a knife for fear of arrest.
bug
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bug, that is exactly the point - it's stupid, but perfectly legal. For example, in Maine, open carry of firearms is legal without a permit. That is, there is no law prohibiting it. However, in the city of Portland, there is an ordinance prohibiting open carry of firearms.
It is a royal pain, but that is the current legal situation in this country. In some cases a state will pass a law preempting some area for their own control (usually licensing and things like that, but occasionally firearms laws and such), but if not such law is on the books, then local governments are free to make more restrictive laws.
--JB
It is a royal pain, but that is the current legal situation in this country. In some cases a state will pass a law preempting some area for their own control (usually licensing and things like that, but occasionally firearms laws and such), but if not such law is on the books, then local governments are free to make more restrictive laws.
--JB
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You missed the clause"or other dangerous weapon other than those mentioned"
If you are using it as a weapon it's not legal
If they want to call my hammer a weapon I'm ______
what did they used to say about banned in Boston
If you are using it as a weapon it's not legal
If they want to call my hammer a weapon I'm ______
what did they used to say about banned in Boston
I've started a new thread in General/Knife Laws:
http://www.bladeforums.com/forums/showthread.php?s=&threadid=161880
Take care,
bug
http://www.bladeforums.com/forums/showthread.php?s=&threadid=161880
Take care,
bug
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Local jurisdictions can and often do have more restrictive laws than the state.
hmmm this is getting confusing eh? Not long after I originally started this convo.. I spoke to a Barstable Police Officer..(on Cape Cod) he said there was NO knife length! But I NOW know that in the town of Lynn (off cape) there has been a ban on knives larger then 2.5" since 1995 and I believe I caught something the other day about Boston now doing that too since 9/11, yet if I go into the Massachusetts General Laws there are no changes... UGH... sure.. Sh it heads use BOX CUTTERS and now Americans rights to carry a decent knife is threatend..UGH!!!