Knife laws? Spring assisted question

[carny2k]

I keep seeing conflicting information about spring assisted knives not an auto knife. Are they or are they not legal? Some say no because it's a switchblade other say because you have to start the inertia yes. I know free men dont ask blah blah.. but I like to know the laws and make an educated decision on my risks

 

[dezignguy]

 

[Mass-diver]

No one knows, probably illegal in MA. All the common versions of “knife control” are likely unconstitutional.

 

[carny2k]

No one knows, probably illegal in MA. All the common versions of “knife control” are likely unconstitutional. Kind of what I figured

 

[In God We Trust]

Switchblades with a blade length over 1 1/2” are illegal. Spring assist was the work around and have always been legal to my knowledge.

I personally don’t like them because a thumb stud works fine

 

[Laderbuilt]

Switchblades with a blade length over 1 1/2” are illegal. Spring assist was the work around and have always been legal to my knowledge.

I personally don’t like them because a thumb stud works fine

So a switch blade with a blade equal two or less then 1.5” long is legal?

Does anyone have a good link where I can find info on that?

 

[In God We Trust]

So a switch blade with a blade equal two or less then 1.5” long is legal?

Does anyone have a good link where I can find info on that?

General Law - Part IV, Title I, Chapter 269, Section 12

malegislature.gov

Section 12. Whoever manufactures or causes to be manufactured, or sells or exposes for sale, an instrument or weapon of the kind usually known as a dirk knife, a switch knife or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches

This part addresses manufacture, but carrying one outside of private property is also illegal if you dig through. It’s a disorderly person garage which is a misdemeanor.

It’s perfectly legal to own one and keep in your house or yard.

 

[appraiser]

the problem isn't the State laws, it is the local blade ordinances that will get you jammed up.

 

[BTSDOG]

Check out section 10.

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.

 

[Mass-diver]

Check out section 10.

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.

What’s that have to do with knives?

 

[greencobra]

from a while ago thread. the mass general laws can tell you everything you need to know, i'm just not going to do the footwork.

spring assisted is legal in mass, so far. it's not a push the button automatic. besides, the fact that you bought it in a walmart in massachusetts tells you everything you need to know, you think they'd have it on the shelf if it were a no-no? while not a legal barometer a pretty good indicator. i use to sell knives at the shows, had a couple of tables up until a few years ago and was pretty well read on the law. my biggest sellers were anything spring assisted from kershaw, probably cause people think they're the evil switchblade.

the 2 knives that will jam you in this state are switchblades and out the front automatics if you're carrying them on your person. legal to own and transport through the state, just not on your person. that's been discussed here before. and legal to buy out of state and bring back to massachusetts. i also don't believe they can be sold in this state and i'm fuzzy on this one, i think gravity knives fall in line here also

I AM NOT A LAWYER just so you know! if i'm wrong with my info, someone correct me, please.

 

[carny2k]

from a while ago thread. the mass general laws can tell you everything you need to know, i'm just not going to do the footwork.

thanks. I'll look. I searched first but I only searched in knives. didn't think to search there.

 

[AFAR/PFAR]

They are legal.

 

[Laderbuilt]

General Law - Part IV, Title I, Chapter 269, Section 12

malegislature.gov

Section 12. Whoever manufactures or causes to be manufactured, or sells or exposes for sale, an instrument or weapon of the kind usually known as a dirk knife, a switch knife or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches

This part addresses manufacture, but carrying one outside of private property is also illegal if you dig through. It’s a disorderly person garage which is a misdemeanor.

It’s perfectly legal to own one and keep in your house or yard.

I’m sorry I wasn’t clear in what I meant by legal. I am aware that I can own a switch blade of any length and keep them in my house. I was talking more of carrying. So if a automatic knife is small enough it’s okay to carry? That was my original intent for my question.
Thanks for the link BTW.

 

[drgrant]

the problem isn't the State laws, it is the local blade ordinances that will get you jammed up.

Not sure if serious to the best of my knowledge those are only fines and civil infracs. They're pretty lightweight compared to the rest of knife laws in mass.

 

[In God We Trust]

Not sure if serious to the best of my knowledge those are only fines and civil infracs. They're pretty lightweight compared to the rest of knife laws in mass.

The worst part is that if you are carrying a $200 knife, you can kiss it goodbye. Cop will let you off with a warning and keep your blade.

 

[drgrant]

The worst part is that if you are carrying a $200 knife, you can kiss it goodbye. Cop will let you off with a warning and keep your blade.

An attorney will cost you more than that, and frankly if you're getting rustled to the point where a cop finds your knife, you probably have far bigger problems.

 

[not new guy]

Yeah, I’ve had a knife clip hanging out of my pocket most of my adult life and have never even thought to worry about a cop jamming me up for it or taking it. I’m far more likely to snag it on something and lose it. Been there (with an expensive knife), done that.

 

[Parker Schreiber]

I keep seeing conflicting information about spring assisted knives not an auto knife. Are they or are they not legal?

Massachusetts statutes define "any knife having an automatic spring release device by which the blade is released from the handle" as a dangerous weapon. It also states that daggers are dangerous weapons, and at least one case defines daggers as "any blade of relatively short length primarily designed or modified for stabbing" So if a cop is looking for a pretext to take you in, having almost any sort of knife on your person will give them that pretext. I don't care to guess whether the charge will hold up in this post NYSRPA world or not, but you'll end up paying lawyers either way.

As far as I can tell, though, it's legal to own such a knife and keep it in your dwelling.

 

[Ranger007]

Just curious, how many Mass dudes have had knives of any kind switch blades, switch combs (yes switch combs not a typeo), spring assisted etc; seized by LEOs?

 

[Ranger007]

Massachusetts Knife Laws | American Knife and Tool Institute

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 sub-section (b), is a single sentence…

www.akti.org

 

[BTSDOG]

What’s that have to do with knives?

I only quoted this portion of section 10. If you read the whole thing youll see that certain types of knives are considered dangerous weapons and are included in the section.,....

 

[Mass-diver]

I only quoted this portion of section 10. If you read the whole thing youll see that certain types of knives are considered dangerous weapons and are included in the section.,....

I’ll re-read it, but can you sum it up? What knives are ok with an LTC? Thanks

 

[BTSDOG]

This is what i got......from section 10....

Whoever, except as provided by law, carries on his person, or carries on his person or under his control in a vehicle, any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, any ballistic knife, or any knife with a detachable blade capable of being propelled by any mechanism, dirk knife, any knife having a double-edged blade, or a switch knife, or any knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches, or a slung shot, blowgun, blackjack, metallic knuckles or knuckles of any substance which could be put to the same use with the same or similar effect as metallic knuckles, nunchaku, zoobow, also known as klackers or kung fu sticks, or any similar weapon consisting of two sticks of wood, plastic or metal connected at one end by a length of rope, chain, wire or leather, a shuriken or any similar pointed starlike object intended to injure a person when thrown, or any armband, made with leather which has metallic spikes, points or studs or any similar device made from any other substance or a cestus or similar material weighted with metal or other substance and worn on the hand, or a manrikigusari or similar length of chain having weighted ends; or whoever, when arrested upon a warrant for an alleged crime, or when arrested while

 

[Parker Schreiber]

I’ll re-read it, but can you sum it up? What knives are ok with an LTC? Thanks

My best guess is that, at least for now, an LTC doesn't allow you to carry any additional knives. But there's language in subsection (a) which confuses the issue. Quoting:

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.

The legislature probably meant "this section" to mean subsection (a) only, but an argument could be made that it applies to all of Section 10. Then it would apply not only to knives, but also to sawed off shotguns and machine guns.

 

[Wickedcoolname]

Who cares? Carry what you want. You can always toss it if the need arrives.

 

[nstassel]

I disagree that an assisted opening knife is not an automatic spring release blade. I've seen a guy prosecuted for a Kershaw Leek and the Commonwealth wouldn't have any trouble getting that to stick.

 

[drgrant]

I disagree that an assisted opening knife is not an automatic spring release blade. I've seen a guy prosecuted for a Kershaw Leek and the Commonwealth wouldn't have any trouble getting that to stick.

It's not an auto under most knife laws though particularly federal ones.

I bet it's gone both ways though. Problem is the sample rate likely not high on trials vs pleas for that kind of thing, no?

 

[nstassel]

It's not an auto under most knife laws though particularly federal ones.

I bet it's gone both ways though. Problem is the sample rate likely not high on trials vs pleas for that kind of thing, no?

I don't see anyone getting smoked on it but it is provable. By this definition: "knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches" I don't even see an argument. Not a switch blade clearly but this language appears to have been added to close that gap.

 

[drgrant]

I don't see anyone getting smoked on it but it is provable. By this definition: "knife having an automatic spring release device by which the blade is released from the handle, having a blade of over one and one-half inches" I don't even see an argument. Not a switch blade clearly but this language appears to have been added to close that gap.

I guess it all hinges on that word "automatic". Although ironically you could have a 3.5in blade with a ball bearing detent and no spring, be just as fast, and apparently, legal. So most cheap kershaw edc illegal, but if I carried my "ThATS a KNOIFE!" 560BW its well-legal, cuz no spring.. .