Local Knife Ordinances... Cause for Arrest?

[Rum Runner]

Hi Folks,

I recently learned that my city (New Bedford) has an ordinance against carrying knives over 2.5 inches. From the ordinance: "Violation of any provisions of this section shall be subject to arrest and a fine of not more than three hundred dollars ($300.00) for each offense." (emphasis added)

The Commonwealth allows municipalities to levy civil fines of up to $300. But criminal law is made by State and Federal government, not cities and towns. Carrying a knife over 2.5'' could make someone subject to a municipality's civil fine -- but since violating an ordinance is not itself a criminal act, I don't see how arrest would be considered lawful.

I don't know about other towns, but the New Bedford PD somewhat regularly reports on arrests being made to enforce the ordinance. How are these arrests legally justified? I know people on here are against these sorts of ordinances (as am I), but I'm just wondering how towns are legally justifying this.

 

[Climbnsink]

I don't support these laws but have to assume they are 99.9% of the time jamming up dirtbags. One of the MA knife laws says something to the effect that it is illegal to get arrested while carrying a knife. That makes them all legal or illegal depending on how you want to look at it. How often do you end up emptying your pockets for the police? If it isn't on a regular basis I wouldn't worry about it.

 

[Len-2A Training]

It is a fair question to ask your DA. I've both spoken with and Emailed a couple of my DAs over the years regarding legal questions. So I suggest you look up his Email address and give it a try.

 

[nickortizzle1035]

i've always assumed that since i always have a gun on me, the cop wouldn't really care about my knife. i don't carry anything crazy, usually a folder with a 2-4" blade. I wish autos were legal to carry in this state. a LTC should allow the carry of them.

 

[RumRunner]

wow, I thought I started a thread and didn't remember it

 

[Palladin]

Boston.........if anyone really gives a shit

Boston Revised Ordinance Passes, Permits Recreational Knife Use and Carry | American Knife and Tool Institute

AKTI lobbied for changes in Boston’s knife ordinance that banned knives with blades in excess of 2-1/2 inches. The changed ordinance allows for use of recreational knives with longer blades.

www.akti.org

 

[enbloc]

Boston.........if anyone really gives a shit

Boston Revised Ordinance Passes, Permits Recreational Knife Use and Carry | American Knife and Tool Institute

AKTI lobbied for changes in Boston’s knife ordinance that banned knives with blades in excess of 2-1/2 inches. The changed ordinance allows for use of recreational knives with longer blades.

www.akti.org

This works for me, as all my knives are 'Recreational'...

 

[chris_1001]

Was boating (big boat) with a buddy. Dumb ass fisherman with a line across an inlet to the dock. Line got caught in a small boats prop. We came through, and it went across the boat (was on the bow). I almost had it go across my body as I was ready to toss the line to tie off

Had a knife on me (of course) and cut it.

Always have a knife. ESP if there is cheesecake, or to stab the enemy.

 

[Len-2A Training]

This works for me, as all my knives are 'Recreational'...

On a serious note, it does NOT exempt knives carried for self-defense or to open packages.

 

[Rum Runner]

wow, I thought I started a thread and didn't remember it

Oh man, what are the chances? I don't know if it's possible to change my handle. But if need be, I'll start a new account before I start another thread like this.

 

[Rum Runner]

I don't support these laws but have to assume they are 99.9% of the time jamming up dirtbags. One of the MA knife laws says something to the effect that it is illegal to get arrested while carrying a knife. That makes them all legal or illegal depending on how you want to look at it. How often do you end up emptying your pockets for the police? If it isn't on a regular basis I wouldn't worry about it.

I think you're right about the intentions of the average police officer. Having said that, the department is taking pictures of people and their knives, to publish in the local daily newspaper. Even though carrying a knife over 2.5 inches is not a criminal act, this treatment by the newspaper strongly implies otherwise... I'm sure they know that.

I've never been stopped by New Bedford police. But when I have been stopped in neighboring towns, the police officer has asked if there are knives or other weapons in the car. Since New Bedford is even more concerned about knives, I assume that they would do the same.

 

[Rum Runner]

It is a fair question to ask your DA. I've both spoken with and Emailed a couple of my DAs over the years regarding legal questions. So I suggest you look up his Email address and give it a try.

Thanks for passing this along, but I'm not sure the DA is even involved. If someone is arrested for carrying a knife, presumably they would just be going to the station for the purpose of having a fine issued and pictures taken for the newspaper.

Thinking more about this knife law, the 2.5'' limit is not exactly clear. I have knives with a forward finger choil, on the metal adjacent to the sharpened blade... but they are functionally part of the handle, not the blade. Would the finger choil be counted as part of the 2.5''?

 

[Len-2A Training]

Thanks for passing this along, but I'm not sure the DA is even involved. If someone is arrested for carrying a knife, presumably they would just be going to the station for the purpose of having a fine issued and pictures taken for the newspaper.

That's not how arrests are handled here in the Northeast.

 

[Rum Runner]

That's not how arrests are handled here in the Northeast.

How does it work? I didn't think the district attorney was involved with town ordinance enforcement.

 

[Sterg]

You can thank Ted Kennedy for making switchblades illegal. Rebel Without a Cause scared him. A knife that was originally intended for veterans with one arm.

 

[Len-2A Training]

How does it work? I didn't think the district attorney was involved with town ordinance enforcement.

All arrests have to cite a MGL violation and the ADA does the prosecution. If the DA says no, charges are dropped and the case is over.

Town ordinances are usually strictly a fine and no arrest. Think of parking tickets.

 

[whatluck]

One time I had a boston cop come up to me, he could see the clip in my pocket, and he told me 'you cant carry knives, i could take that from you' I said, 'how do you know how long it is' and he said 'take it out and show me', to which i laughed and told him 'sorry i dont consent to searches'.