Quick Legal Facts
Statewide Preemption:
No.
Concealed Carry:
No an issue.
Schools:
Knives are prohibited from all schools, from the elementary level to university campuses. 269 10J.
Major Cities with Knife Ordinances:
Boston, Salem
Critical Dimensions:
1 1/2 inches is maximum blade length for an automatic knife.
Restricted Knives:
Stilettos, daggers, double-edged knives, ballistic knives, automatic knives with a blade longer than 1 1/2 inches, and any device which enables a knife with a locking blade to be drawn at a locked position.
The body of Massachusetts law concerning knives is not easily capsulized. The primary statute regarding the possession and carrying of knives, found at 269.10.b, is a single sentence consisting of almost 400 words. It states that one may not “carry on his person” – including in a vehicle – any: stiletto, dagger, ballistic knife, dirk knife, automatic knife having a blade longer than 1 1/2 inches, a knife with a double-edged blade, or device which enables a knife with a locking blade to be drawn at a locked position. This list of knives may be referred to as the per se or “by definition” prohibited knives, although there are no statutory definitions.
Sub-section (b) further provides that if one is arrested upon a warrant for an alleged crime or arrested while committing a “breach or disturbance of the public peace” and possesses a “dangerous weapon” (which may be a knife other than one of the per se knives) he or she is subject to the same range of penalties which apply to simple possession of any of the sub-section (b) weapons.
Relevant Statutes:
269 Crimes Against Public Peace
269.10. Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punishment
269.10G. Violations of Sec. 10 by persons previously convicted of violent crimes or serious drug offenses; punishment
269.12.Manufacturing and selling knives, slung shots, swords, bludgeons and similar weapons
269.12F. Airport secure areas; possession or placement of a cutting device or prohibited weapon; punishment
Statewide Preemption:
There is no statewide preemption.
Selected Massachusetts Municipalities with Knife Restrictive Ordinances:
Boston – Yes.
Salem – Yes.
Restrictions on Sale or Transfer:
Yes, 269.12.
Concealed Carry:
Concealed carry is not an issue.
Restrictions on Carry in Specific Locations/Circumstances:
Yes, 269.10J prohibits possession of any “dangerous weapon,” which almost certainly includes knives, in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge. . .”
- Automatic Knives
The relevant restriction of 269.10B applies to “any knife having an automatic spring release device by which the blade is released from the handle, having a blade of 1 1/12 inches”. Massachusetts has not adopted the “bias toward closure” distinction. Knives that incorporate assisted opening technology with blades exceeding 1 1/2 inches are prohibited.
- Blade Drawn at Open and Locked Position
Massachusetts prohibits the carry of any device which allows a knife with a locking blade to be drawn at the locked position. This was evidently intended to proscribe quick draw sheaths marketed for manually opened lock-blade knives such as the iconic Buck Model 110. While such “quick draw” devices have become uncommon, Massachusetts prosecuting officials have attempted to apply this prohibition to one-hand manual knives with “thumb studs” as well as “butterfly” knives without any associated sheath or other device.
- Double-Edged Knives
Double-edged knives, along with stilettos and daggers are per se restricted knives that may not be lawfully carried on the person or in a motor vehicle. As a practical matter, any flat blade will have at least two edges although one of the edges may be the full thickness of the blade. The Massachusetts statute is intended to address double sharpened edges or double cutting edges.
- Dangerous Weapon
Roughly “half-way” through the 400-word sentence that comprises 269.10B, the discussion turns to the issue of having in one’s possession “a billy or other dangerous weapon” when arrested on a warrant or while committing a breach or disturbance of the public peace.
Disturbing or breaching is a common law misdemeanor in Massachusetts. A case from 1873 briefly describes the elements of the offense.
The provision against “disturbers of the peace” proscribes conduct that tends to annoy all good citizens and does in fact annoy anyone present not favoring it. Commonwealth v. Oaks, 113 Mass. 8, 9 (1873). It is an established and lawful practice that individuals who are arrested may be searched incident to the arrest. Massachusetts law provides that one may not be arrested for a misdemeanor except when “disturbing the peace.” This creates a perverse incentive to expand the scope of disturbing the peace. For instance, in Massachusetts driving with an expired registration has been treated as a disturbance of the peace in an attempt to justify an arrest and then conduct a search incident thereto. Also, dangerous weapons may not be carried on school property per 269.10J. In any event, one should be aware that with reference to knives, a dangerous weapon includes: the pro se restricted knives listed above, any knife designed for the purpose of bodily assault or defense,” as well as any knife used in a dangerous fashion.
- Law Enforcement and Military
An exception for law enforcement officers is included in 269.10J. No military exemptions are provided in Massachusetts.
- Consequences
A violation of 269.10B is punishable 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.
A second or “like” offense carries a minimum of five years, with a maximum of seven years.
A violation of § 10 (j) possession of a dangerous weapon on school/university grounds is punishable by a fine of up to $1,000 and/or 2 years imprisonment.
