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reloader41

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Assume the following:

1. MA resident with valid LTC
2. Living in a town that has no knife restrictions on ownership
3. Living in a town that has no knife restriction on carrying in public


Question:

1. Would it be legal to own a automatic out-the-side knife?
2. Would it be legal to carry said knife?


My thinking is that the answer to Question 1 is YES.
The second question is much harder. I have read a couple of posts here and elsewhere that states that the holder of an LTC can carry. I have also read here, and elsewhere, that carrying is always illegal.

Anybody have an idea which side is right?
 
I thought in MA you could own whatever you want. You just can't give, sell, transfer, carry etc.
You can have and use it in your home and property.
 
Make sure you don't carry "shurikens," "click-clacks" or "three section staffs"! I read a really funny comment on a knife forum once. A guy said that the MA legislators who wrote the knife law "must have been attacked by Ninja as children" because of all the odd, Asian weapons referenced in the law....
If the OP wants to see all the chatter about this topic, this cite is fairly informative: Massachusetts Knife Law - Knife Up

My understanding, in short form, is that you can own almost anything but can't carry anything outside your home.
There are a few people that have cited language in Chpt 140 that they feel exempts LTC holders from knife restrictions but I would not risk it.
 
Don't bother with an out the side one. I moved to nh and the first 3 things i bought were a pmr 30 glock 19 and hk ots knife. Within a week i had dropped the knife and dulled the tip. I've carried knives since I was 14. Assisted and thumb stud. Maybe its me because i have meat hooks for hands however I couldn't get a good grip. When I hit the button it flew out of my hand a lot. I don't have an auto knife anymore. Otf is a much better auto than out the side.


My two cents
 
It is unlawful to carry on one's person, or under one's control in a motor vehicle, a switchblade.

General Law - Part IV, Title I, Chapter 269, Section 10

You can buy them, and own them. When you take them home, have them out of your control (trunk? Pelican Case with a lock? Control is not defined.).

OP: WHY? If you want a one-hand opener, then get a spring assist. I'm not a switchblade expert, but few of them are of quality construction. They mostly seem as gimmicks, to me.
 
richc said:
My understanding is collecting is fine within your home. Carrying is verboten...
Click to expand...

Legal carriage is limited to autos with a blade less then 1.5”.

Ownership is unrestricted.

Getting them shipped is sticky, legally, on the federal level. (if you’re buying online)
 
MisterHappy said:
OP: WHY? If you want a one-hand opener, then get a spring assist. I'm not a switchblade expert, but few of them are of quality construction. They mostly seem as gimmicks, to me.
Click to expand...

My friend from high school’s mom was from Germany and she came back with 2 switch blades for us. This was the 1980s and she was independent enough and DGAF about stupid Mass laws. Bless that woman. I happily forked over my money and when my dad saw it he took it away. Fast forward 30 years and I find out my dad didn’t throw it away. He kept it and carried it in the yard for protection :) .

We had to move my parents to assisted living last year and sell their house due to health issues. I got several knives including my switchblade back. So I’ve had a little time to compare it to more modern offerings.

I was looking at the switchblade opening speed and general quality against my nightstand knife, a Kershaw Blur with S30V steel which you can get for $75 or less. The Blur is spring assisted, scary fast (faster than the switchblade), has good heft (heavier than the switchblade but not obnoxiously so), the S30V steel is light years above the switchblade metal and I could hammer nails with the Blur but I’d be afraid the switchblade would fall apart. I’m sure there are much more expensive switchblades you could get but I’d go with the Blur every time. Switchblades are a fun novelty and I’d never get rid of it but as far as it being some super scary weapon it isn’t.
 
My understand echoes all of the above. Legal to buy, sell and possess. Illegal to carry.

For a carry, there is nothing an auto gives you that an assisted open does not. Except that they are legal, generally cheaper and tend to be better quality for the money.

Again, purely my experiences and my understanding. Not a lawyer here. And not immensely knowledgeable here.
 
reloader41 said:
Assume the following:

1. MA resident with valid LTC
2. Living in a town that has no knife restrictions on ownership
3. Living in a town that has no knife restriction on carrying in public


Question:

1. Would it be legal to own a automatic out-the-side knife?
2. Would it be legal to carry said knife?


My thinking is that the answer to Question 1 is YES.
The second question is much harder. I have read a couple of posts here and elsewhere that states that the holder of an LTC can carry. I have also read here, and elsewhere, that carrying is always illegal.

Anybody have an idea which side is right?
Click to expand...
Legal to own. Felony to carry. Transporting it home after purchase is very gray area at best and many knife companies will not ship auto knives to MA addresses. You are lucky to have a LTC. I was denied and had to settle for FID. Please do not take a chance and put your LTC in jeopardy. They are hard to obtain and easy to lose. A weapons charge for a switchblade will almost certainly get it revoked. A conviction will turn you into a felon, with complete loss of 2A rights. Just get a 3.5" to 4" lockblade folder with a quick opening device, like a thumbstud or wave. Perfectly legal to carry as well as own here. I carry a 4" CS "Voyager" and have had no legal problems doing so.
 
MisterHappy said:
It is unlawful to carry on one's person, or under one's control in a motor vehicle, a switchblade.

General Law - Part IV, Title I, Chapter 269, Section 10

You can buy them, and own them. When you take them home, have them out of your control (trunk? Pelican Case with a lock? Control is not defined.).

OP: WHY? If you want a one-hand opener, then get a spring assist. I'm not a switchblade expert, but few of them are of quality construction. They mostly seem as gimmicks, to me.
Click to expand...
Contained within section 10 is this gem:
No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section.
Click to expand...

I recently argued that paragraph in court and client was found not guilty after the judge stepped off the bench to read the law.

Like most Mass gun laws, it's poorly written and has been bastardized over the years. I believe the intent of what I quoted was to prevent someone with a sporting restriction from being convicted for carrying a handgun in violation of subsection (a). But the protection is not limited to subsection (a). It applied to all of section 10.

One could argue that someone with a LTC could not be deemed in violation of subsection (c) - the prohibitions on machine guns and sawed off shotguns.
 
Swat: Good job! I know that that language has been posted here, with your interpretation, as to the way things are, but as a "It should be....." argument. The fact that you used it, and it worked, is good news.

Also, good for the judge, to actually check stuff out, before ruling. How often does that happen?
 

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