Massachusetts
Updated 4/23/2002
GENERAL LAWS OF MASSACHUSETTS
PART IV.
CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES.
TITLE I. CRIMES AND PUNISHMENTS.
CHAPTER 269. CRIMES AGAINST PUBLIC PEACE.
Chapter 269: Section 10. Carrying dangerous weapons…
(b) 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 committing a breach or disturbance
of the public peace, is armed with or has on his person, or has
on his person or under his control in a vehicle, a billy or
other dangerous weapon other than those herein mentioned and
those mentioned in paragraph (a), shall be punished by
imprisonment for not less than two and one-half years nor more
than five years in the state prison, or for not less than six
months nor more than two and one-half years in a jail or house
of correction, except that, if the court finds that the defendant
has not been previously convicted of a felony, he may be punished
by a fine of not more than fifty dollars or by imprisonment for
not more than two and one-half years in a jail or house of correction.
Chapter 269: Section 12. Manufacturing and selling knives,
slung shots, swords, bludgeons and similar weapons; punishment.
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 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, slung shot, sling shot, bean blower, sword cane,
pistol cane, bludgeon, blackjack, 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 a manrikigusari or similar length of chain having
weighted ends; or metallic knuckles or knuckles of any other
substance which could be put to the same use and with the same
or similar effect as metallic knuckles, shall be punished by a
fine of not less than fifty nor more than one thousand dollars
or by imprisonment for not more than six months; provided,
however, that sling shots may be manufactured and sold to clubs
or associations conducting sporting events where such sling shots
are used.
GENERAL LAWS OF MASSACHUSETTS
PART I. ADMINISTRATION OF THE GOVERNMENT.
TITLE XII. EDUCATION.
CHAPTER 71. PUBLIC SCHOOLS.
Section 37H. Policies relative to conduct…
(a) Any student who is found on school premises or at
school-sponsored or school-related events, including
athletic games, in possession of a dangerous weapon,
including, but not limited to, a gun or a knife; or a
controlled substance as defined in chapter ninety-four C,
including, but not limited to, marijuana, cocaine, and
heroin, may be subject to expulsion from the school or
school district by the principal.
* * * *
10/1/04
Boston Municipal Code of Ordinances
16-45 PROHIBITING THE CARRYING OF KNIVES OR SIMILAR WEAPONS.
16-45.1 Carrying of Weapons Prohibited.
No person, except as provided by law, shall carry on his person, or carry under his control in a vehicle, any knife having any type of blade in excess of two and one-half (2½ ) inches, ice picks, dirks or similar weapons that are likely to penetrate through police officer’s ballistic vests, or other object or tool so redesigned, fashioned, prepared or treated that the same may be used to inflict bodily harm or injury to another, except:
a. When actually engaged in hunting or fishing or any employment, trade or lawful recreational or culinary activity which customarily involves the carrying or use of any type of knife, or
b. In going directly to and/or returning directly from such activities, or
c. If the knife is being transported directly to or from a place of purchase, sharpening, or repair, and if packaged in such a manner as not to allow easy access to the knife while it is being transported.
(Ord. 2001 c. 10) Penalty, see subsection 16-45.4
16-45.2 Distribution Exception.
This section shall not apply to persons who, through entities or establishments engaged in a recognized retail or wholesale business, are involved in the sale, purchase or repair of knives for trade, sport, hobby or recreation, including without limitation persons engaged in the transportation to or from such entities or establishments.
(Ord. 2001 c. 10)
16-45.3 Applicability.
Nothing in this section shall be construed to enhance or diminish any duties of persons described in subsection 16-45.2, and this section shall not be introduced or cited in any proceeding as evidence of negligence, recklessness, or similar state of mind of such persons.
(Ord. 2001 c. 10)
16-45.4 Penalty.
Violators of any provision of this section shall be subject to a fine of not more than three hundred ($300.00) dollars for each offense.
(Ord. 2001 c. 10)
16-45.5 Severability.
The provisions of this section shall be severable and if any section, part, or portion hereof shall be held invalid for any purpose by any court of competent jurisdiction, the decision of such court shall not affect or impair any remaining section, part or portion thereof.
(Ord. 2001 c. 10)
_____________________
1996 extracts
Massachusetts – Chapter 269, Section 10… (b) 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 which enables a knife
with a locking blade to be drawn at a locked position, any
ballistic knife…, dirk knife, any knife having a double-
edged blade, or a switch knife… shall be punished by
imprisonment for not less than two and one-half years nor
more than five years in the state prison… except that,
if the court finds that the defendant has not been
previously convicted of a felony, he may be punished by a
fine of not more than fifty dollars or by imprisonment for
not more than two and one-half years in a jail or house of
correction.
– C. 269, 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 a device or case which enables a
locking knife to be drawn at a locked position, any
ballistic knife… shall be punished by a fine of not less
than fifty nor more than one thousand dollars or by
imprisonment for not more than six months…
Massachusetts Case Law:
– “Knives described as ‘kitchen knife,’ ‘folding type knife,’
and ‘Swiss army knife’ may not fall within category of
dangerous weapons.” (1994)
| Boston Mayor Quietly Signs Anti-Knife Ordinance |  |
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| January 8, 2012: Politicians rarely avoid publicizing signing of a new law or ordinance into law unless they are embarrassed or don’t want to draw attention to an otherwise stupid new regulation. No surprise then that Boston Mayor Tom Menino signed into law “An Ordinance Providing for the Licensing of Stores That Sell Certain Knives” with absolutely no fanfare, no publicity and no public announcement.It is a disappointing, if not entirely unexpected, conclusion to this sordid, and likely ineffective, effort to restrict knife sales to youths. We remain opposed to any and all such regulations that in any way restrict a citizens’ access to perfectly legal tools.
This should serve as a warning to those who don’t believe it can happen “over here.” Knives are heavily regulated in Europe and those opposed to individual liberty are clearly aiming to expand these restrictions to our shores. Licensing knife retailers is just one strategy that can be used and then abused. While it is easy enough to make excuses for Boston based on its left-leaning political climate, let’s not forget that many bad laws spread widely after just such an inauspicious start. The much reviled Federal Switchblade Act started out in just this way, at a local and state level. Just because it is stupid and unjust doesn’t mean that politicians won’t do it! December 15, 2011: The Knife Bigots on the Boston City Council on Wednesday approved an anti-knife ordinance that licenses retailers of knives with a blade 2 inches or longer. A revision of the original proposal exempts “cutlery” that is defined as “utensils used as tableware or used for cutting and eating foods.” Regardless, this ordinance is still flawed in many respects,beyond the fact that it will be ineffective at its stated aim of reducing crime. Knife rights still opposes this ordinance as unneeded, irrational and likely, illegal. You can read the ordinance here: http://bit.ly/vFD3Sy and the committee’s report and intellectually dishonest rationalization for the ordinance here: http://bit.ly/uiyF0L. November 23, 2011: The hearing today in Boston on the proposed anti-knife ordinance was a total farce. We’ve coined the term “knife bigots” to describe these councilors, and others, who simply hate our freedom and our tools and staged this farciful hearing as part of their effort to railroad through this ordinance. The only councilors at the hearing were the ordinance’s sponsors. To spare you the agony of listening to the entire hour and 49-minute long low-quality video, we’ve put together an “entertaining” summary video with highlights and some commentary. This should give you some insight into their skewed view of knives and our rights. Click here or the image below to view the video.  This is how they view knives overseas and why we formed Knife Rights to prevent this from happening in America. This is the Anti’s vision for knife owners in America, if we do not oppose them at every turn. Watch the video and hear some of their more outrageous comments, such as, “No law is too onerous…when it comes to the sale of these weapons.” At one point, Councilor Michael Ross appears to be encouraging lawsuits against knife manufacturers for the illegal knife sales made by some convenience stores. Todd Rathner, Knife Rights Legislative Director, led off the testimony opposing the ordinance, with supporting testimony from Jim Wallace of Gun Owner’s Action League (GOAL), the NRA’s Massachusetts affiliate, and a statement from American Knife & Tool Institute read by an AKTI representative. You can read Knife Rights’ official submitted testimony at www.KnifeRights.org/Boston_Statement_11-18-2011.pdf. Todd’s actual testimony was somewhat different as he responded to the preceding testimony by the Councilors and their witnesses. The knives that the Boston City Council is hoping to control will still be available outside city limits, over the internet, and at stores not covered by the ordinance as well as many other places. And, let us not forget the ubiquitous availability of kitchen knives in every household. The ordinance will only result in the hindrance of law-abiding citizens and penalizing honest business owners. November 15, 2011: Hearing scheduled for Friday, Nov. 18, at 11:00 AM. Join us in voicing your opposition to this anti-knife, anti-business and anti-freedom ordinance. Meeting details here: http://1.usa.gov/v2FNb6 The proposed Boston ordinance “PROVIDING FOR THE LICENSING OF STORES THAT SELL CERTAIN KNIVES” has been presented to the city council. If you are a Boston citizen, please contact your Councillor IMMEDIATELY and POLITELY express your opposition to this unnecessary and discriminatory proposal: www.cityofboston.gov/citycouncil/councillors or you can call 617-635-4500 and ask for your Councillor. Additionally, you can email Mayor Tom Mennio at mayor@cityofboston.gov or call his office at 617-635-4500. We might wish it were just a silly Halloween prank, but these politicians are serious, and that makes it a scary issue. This proposal to license so-called “convenience stores” in order to be able to sell knives two-inches and longer doesn’t accomplish anything but to cost businesses additional hassle and money, which might well succeed in their ultimate goal of making it impossible for law-abiding citizens to buy a knife at their local convenience store. That is discriminatory against both citizens and these businesses. These businesses may well decide it is too much trouble and expense to bother with knives anymore, which is obviously what these politicians want. But, this will not make a dent in crime or violence, their supposed excuse for this stupidity. This proposal is wrong on so many levels. You can review the poorly conceived and drafted proposed ordinance here: www.kniferights.org/BostonOrdinance.pdf. Try not to choke upon reading it.
You can pretty much guarantee that when politicians are talking about blaming inanimate objects for crime, that it is only the honest citizens and businesses that will be impacted by their proposed solution. Nobody wanting a knife will have much difficulty buying one someplace else, either at non-convenience (inconvenient?) stores, because most other stores except ill-defined “convenience” stores are exempted from this licensing (or perhaps not), or via the internet or from a somewhat less convenient convenience store across the city line. I recall living in a dry town some years ago. It was easy to find the town line; you just looked for the liquor stores with the big parking lots. No matter what these politicians do, they cannot and will not stop knives from being sold to those who might use them in criminal activity and no regulation of knife sales will stop violence. Boston code already restricts sales of knives over two-inches long to minors and these, like all retailers, already must be licensed to do business in the city. Knife Rights continues to lead the fight against this absurd and unnecessary proposal. Our lobbyist is working hard to prevent what has happened with guns in Boston to be repeated with knives.
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