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- Aug 17, 2020
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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.
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.