-
If you enjoy the forum please consider supporting it by signing up for a NES Membership The benefits pay for the membership many times over.
-
Be sure to enter the NES/MFS May Giveaway ***Canik METE SFX***
Can you carry a knife longer than 1.5" in MA?
- Thread starter Bluesman
- Start date
That's ok, I've probably read the section about 100 times and it's still easy to make mistakes.
It was Kenmore Army & Navy Stores in Danvers. A detective from the Danvers Police Dept went in and caused the problem. Their inventory was confiscated. The owner fought in court stating it wasn’t an automatic using the defense that Kershaw had successfully agued in other states. He lost, then he appealed and lost again.
Danvers Police also went into the Wal-Mart and Sports Authority and asked them to remove their inventory. But I bet if you go to the Danvers Wal-Mart - they are still in the shelf.
Danvers Police also went into the Wal-Mart and Sports Authority and asked them to remove their inventory. But I bet if you go to the Danvers Wal-Mart - they are still in the shelf.
Under Mass Law - a Dirk is a double edged knife. In a car would be under your control.
Do you really think a store can sell something that a person cannot legally walk out the front door with?
Do you remember the sting Massachusetts did for out-of-state sellers of double edged knives and autos?
There was a retailer in the Natick Mall who got in trouble for selling them as well.
Again - more important than how you read the law - is how the law has been interpreted by the courts.
I understand you believe these items are legal based on how you read the laws. But this is not reality on how the laws have been enforced.
Dealers have been found guilty for selling double edged knives and assisted opening knives.
And I am sure Kenmore Army & Navy read the law the same way as you do - the only problem is that he now has a record.
Do you really think a store can sell something that a person cannot legally walk out the front door with?
Do you remember the sting Massachusetts did for out-of-state sellers of double edged knives and autos?
There was a retailer in the Natick Mall who got in trouble for selling them as well.
Again - more important than how you read the law - is how the law has been interpreted by the courts.
I understand you believe these items are legal based on how you read the laws. But this is not reality on how the laws have been enforced.
Dealers have been found guilty for selling double edged knives and assisted opening knives.
And I am sure Kenmore Army & Navy read the law the same way as you do - the only problem is that he now has a record.
You keep saying these things, but you don't back them up with citations.
Fox said:
Of course. But without citations (and "It was Kenmore Army Navy in Danvers" is not a cite) we have no reason to believe that what you are saying reflects actual case law. You said a lawyer gave you all the information, so how about giving us enough information to find the text of the opinions so we can actually read them?
Realize that I'm not saying you are wrong, I'm simply asking for you to present the legal evidence behind your statements.
Yes, but Fox's position is that it's more complicated than that because of case law making it impossible to get that knife into your home without breaking the law.
I'd like to see case law where treating a knife as a firearm for transportation purposes would result in "Carrying"
IMO a knife in the trunk or a locked container in the farthest back position is plenty to satisfy the MGL's.
I agree. But I'm willing to be convinced with case law that the MA court system is retarded...
![[wink]](/xen/styles/default/xenforo/smilies.vb/002.gif "Wink [wink]")
I agree. But I'm willing to be convinced with case law that the MA court system is retarded...
I've always held the biased judicial system in the lowest regard! I'm sure that a judge or a panel of judges in MA would readily declare that anything that walked on 4 legs was a horse, irrefutable evidence to the contrary be damned!
[For doubters, see a prior post by KMaurer where he stated that a man was found by DNA evidence AND corroboration by the mother of the child that it was NOT his child . . . and the judge ruled that the man had to pay child support until the child was an adult because "someone had to pay". If that isn't judicial corruption at the highest level, nothing is!]
Hi guys,
OK, new member. I came across this site while researching the whole AO issue. I really like the Buck Tempest but I was toying with this one or the Benchmade Mini-Barrage. I really do like the index finger and cam lock setup over the thumb studs and the cherry wood in the Buck looks great BUT if these could get me into serious trouble legally then I may pay the extra bread to get the Benchmade. I can't understand why an appellate court judge in this state would say a flipper sticking out of the handle that's part of the blade makes it a switchblade and a thumb stud that's also part of the blade, does not. Any lawyers can point me to the right site that might have it? Is it just that it might get confiscated or added on as a charge IF I did something wrong or worse?
Thanks!
Steve
OK, new member. I came across this site while researching the whole AO issue. I really like the Buck Tempest but I was toying with this one or the Benchmade Mini-Barrage. I really do like the index finger and cam lock setup over the thumb studs and the cherry wood in the Buck looks great BUT if these could get me into serious trouble legally then I may pay the extra bread to get the Benchmade. I can't understand why an appellate court judge in this state would say a flipper sticking out of the handle that's part of the blade makes it a switchblade and a thumb stud that's also part of the blade, does not. Any lawyers can point me to the right site that might have it? Is it just that it might get confiscated or added on as a charge IF I did something wrong or worse?
Thanks!
Steve
I am not a lawyer, but my understanding as is follows: If you press a button and the knife automatically opens its a switchblade. If you must manually open the knife, its not a switchblade. As far as enforcement, I've never heard of anyone being asked to "produce the knife in their pocket" because a clip is showing to make sure its legal. It, in my experience, has been one of those things where if you're getting frisked (mind you, theres a reason you're getting frisked), and an illegal knife is found, its an additional charge, and more than likely a trip to lockup for that plus what happened in the first place. And yes, at that point, it would be confiscated. Remember some cities have length limits on knives that can legally be possessed... you dont want to get hitched up on that either...
Horrible
NES Member
So, I know that in Boston, you can't carry a knife with a blade > 2.5". Same length restriction in Worcester, but I thought that I remembered reading that the Worcester length restriction doesn't apply if you have a valid LTC? Is this correct?
Also, what of laws in other towns in MA? Where is the best source to check out info for say, Waltham or Framingham? Their respective town websites?
Any info you can provide would greatly help. Wanting to buy a Gerber assited opening knife with a 3" blade.
Also, what of laws in other towns in MA? Where is the best source to check out info for say, Waltham or Framingham? Their respective town websites?
Any info you can provide would greatly help. Wanting to buy a Gerber assited opening knife with a 3" blade.
Are you serious about the quote above? There are a ton of things you can buy in stores that aren't legal to possess in MA. One being those little knives that look like a house key. Under MA law those are covert weapons (designed to not look like a knife in this case) and are a 5 year felony if convicted. You can also go to many martial arts stores and army navy stores and buy things you can't have by law.
The problem you run into with nationwide chains like WalMart is that they usually have a set of inventory for a store regardless of the laws of that state. Look at the Bass Pro fiasco when they opened in Foxboro. Do you think BP corporate knowingly shipped a bunch of Kimbers and Glocks to MA? No, they didn't give a crap since their lawyers never found the need to study our mundane gun laws.
Bottom line is just because you can buy it doesn't make it legal to possess in MA.
- Joined
- Jun 27, 2007
- Messages
- 1,864
- Likes
- 69
like what?
- Joined
- Jun 27, 2007
- Messages
- 1,864
- Likes
- 69
Ya, The only ones I have seen there are assisted opening like the kershaws
I guess we'll have to wait for the mASSachusetts Attorney General to come out with an approved for sale in mASSachusetts knife roster. The "city ordinances" limiting the length of the blade are ridiculous. Do they document at which point on the knife near the handle that the blade measurement ends? Unlikely. IMHO, too much discretion is given to the local police. Danver PD are mimicking Boston Police Policies in issuing "NO Conceal Carry" restrictions on an LTC-A. It doesn't surprise me that Danver PD is calling the Kershaw Leek an "illegal knife." Judges in this state tend to side with the police in matters which the judge thinks the police are trying to protect you from yourself.
Best Regards.
Best Regards.
