Massachusetts Knife Laws Explained
Massachusetts knife laws exist in a somewhat paradoxical state; they are both vague and strict. Despite specific laws that prohibit certain types of tools and knives, the law is written in such a way that even experienced police or district attorneys may have difficulty determining what a violation is. This creates issues that means any criminal charge involving a knife — even one where a conviction is highly likely — should be fought based on the merits of the case.
The law states "No person shall carry on his person, or in a vehicle, purse, bag, briefcase, backpack, or other container, a dangerous weapon or a dangerous knife." A dangerous knife is defined as:
Any knife having a fixed blade that is greater than 1½ inches in length and any folding knife having a blade of a length greater than 3 inches, except:
(i) a folding knife having a blade of any length which is secured in the folded position by means of a spring or by the weight of the blade, or
(ii) a knife used solely for agricultural or landscaping purposes as part of his trade or of a trade in which he is employed.
These two exceptions allow for common tools like a box cutter or a camping knife to be legal to possess in Massachusetts. For example, if you were to be carrying an old camping knife that had a six inch blade and no screw that kept the blade shut when you looked at it endon, it could be considered a dangerous knife . However, if instead the knife had a slight dab of rust on the inside of the hinge, the prosecutor trying the case might have a difficult time proving that the knife was illegal because it cannot be proven beyond a reasonable doubt.
The law also creates an exception for switchblade knives, which is essentially a knife where the blade can be deployed with the flick of a switch. The law states that the use of a switchblade knife is also legal for agricultural & landscaping purposes, although in practice this is not often accepted as a valid defense. The law allows for a maximum of 2 & a minimum of 1 joint meeting hosted to discuss knife laws in order for a school to be considered to have violated the restrictions on open or concealed knife carrying.
The law does not define what an agricultural purpose is or who counts as a school, and therefore a child who took a set of steak knives cut sandwiches at lunch using a concealed knife could be charged with violating the knife statute. These potential punishments could include jail time, release on conditions (such as probation), having to complete Alcoholics Anonymous (AA), or counseling.
This is the confusion that surrounds Massachusetts knife laws. Though there are limitations on what kinds of knives can be legally owned or carried, the enforcement and punishment of those laws is often left up to the actions of the individual officer or prosecutor.
Different Types of Knives Subject to Massachusetts Law
As we analyzed previously, Massachusetts law does not have a single statute that regulates the possession and carrying of knives, generally or specifically. In addition, Massachusetts has laws that apply to various types and categories of knives which also contain regulations on carrying those knives. For example, there are laws regarding dirks and daggers, dangerous weapons such as "gravity knives", "blackjacks", "metal knuckles", "throwing stars", "Ninjato" and "stilettos". These laws provide for a range of punishments including steep fines and incarceration.
The following discusses some other common types of knives, or classifications of knives, covered by Massachusetts law and what is and is not legal: Massachusetts law does not include a definition of what constitutes a knife. Therefore, Massachusetts courts have determined that a knife is "a bladed implement with a handle with which a person may stab or cut another person". Commonwealth v. Mendes, 367 Mass. 648, 650 (1975). There is no requirement that a knife have a fixed blade or a straight blade. Id. A dirk knife is a "large pointed knife without a folding blade". Commonwealth v. Beal, 87 Mass. 529 (1864). More precisely, a dirk is "a type of dagger with a blade 12 inches or more in length." Commonwealth v. Santos, 445 Mass. 569 (2005). A dirk knife is also known as a stiletto. Beal, 87 Mass. 529. A dagger is a "short knife" or "double edged" knife with a long, pointed blade. Santos, 445 Mass. 570. A dangerous weapon is defined as "any firearm, knife, sharp pointed or sharp-edged instrument". Mass. Gen. Laws ch. 265, § 10. An article that is capable of inflicting injury or which is inherently dangerous is considered to be a dangerous weapon. See further, Mass. Gen. Laws ch. 269, § 7. A gravity knife is a knife having a blade that is released from its closed position by force of gravity, or a similar centripetal force. While the statute lists specifically listed knives with gravity operated blades, ‘similar centripetal force’ could apply to automatic knives as well. So, where a knife can be propelled from its handle into a striking position by the use of centrifugal or centripetal force, it may fall under this law. Metal scissors can also be classified as a gravity knife. A black jack is a "lead or metal (or metal-clad) object carried in a horizontal position" and is designed "to be held by a strap and used as a weapon". Commonwealth v. Palmer, 47 Mass.App.Ct. 936, 936 (1999). A knife commonly known as a "throwing knife" or "throwing star" is referred to as a "chaku" knife in Massachusetts. See Mass. Gen. Laws ch. 140, § 131J. A Ninjato is "a type of Japanese sword sometimes associated with ninjas" with a single straight blade and square hand guard. Santos, 445 Mass. 570. A stiletto knife is a type of knife that can also be known as a dirk. See Mass. Gen. Laws ch. 269, § 10. The stiletto is a very specific knife and is not generally used for other purposes than as a weapon.
Carrying a Knife in Massachusetts: Things You Should Know
When it comes to carrying knives in Massachusetts, the rules can vary depending on the type of knife and where you want to carry it. First and foremost, you don’t need a license to carry a knife in Massachusetts. There are no permits or licenses issued for any type of knife. If you open carry (put the knife on your belt and walk around with it in view) you likely do not need a license or permission from the government to do so.
However, if you carry a knife in public places and that knife is a "dangerous weapon" under Mass. Gen. Laws ch. 265 §10(b), then that’s a problem. Mass. Gen. Laws ch. 269 §10 (b) is Massachusetts’ knife law and it makes it illegal to carry any "dangerous weapon" in public places unless you have permission from the local police department or are exempt from the requirements of that law under section (c) as a member of the military, law enforcement, security, etc.
So if you are found in possession of a knife that could be considered a dangerous weapon, you are very likely to be charged with violating that law. It is a felony punishable by 5 years in state prison or 2 and a half years in jail. Note that the possession and carrying of a "dirk knife" or "dagger" is a felony so they can essentially be considered dangerous weapons.
There is a weird exception in the law that states that if you are using a knife or dangerous weapon as a prop or accessory in a course of study such as drama, art, etc., then that is not illegal. Being a prop or accessory, however, does not mean that you are allowed to carry a sword around using it to dress up as a pirate.
The Possession and Use of Knives under Massachusetts Law: Age Requirements and More
Massachusetts imposes several age restrictions with regard to the use and carrying of certain weapons. Like many other states, Massachusetts also imposes criminal penalties on minors caught violating the knife possession restrictions.
A person under age 18 is prohibited from purchasing or obtaining spring, automatic, or imitation knives under M.G.L. 265 § 10B. Similarly, no person under age 18 may purchase an electric weapon or stun gun under M.G.L. 265 § 10E. A person under age 21 is prohibited from possessing a firearm or a stun gun or other electric weapon or device under M.G.L. 140 § 129C. This includes any blade that has a blade longer than 1.5 inches.
Minors may also be penalized criminally for certain possession violations . A minor in possession of a knife with a double edge longer than 2.5 inches may be considered delinquent for purposes of juvenile court jurisdiction under M.G.L. 119 § 54. Such possession is a misdemeanor under M.G.L. 269 § 10. Likewise, possession of a sword cane – a cane designed to hide a sword – by minors is a misdemeanor pursuant to M.G.L. 269 § 12B.
Knives are not alone in being subject to limitations on the age of prospective purchasers. Firearms, firearms ammunition, knives, and shotgun shells are all part of a larger category of weapons that may not be purchased by persons under age 18 that extends to items such as air rifles and BB guns under G.L. Ch. 269 § 10B.
Penalties for Breaking the Knife Laws in Massachusetts
Violating knife laws in Massachusetts can have serious legal repercussions. The potential consequences depend on the specific type of knife that is possessed and the circumstances surrounding the observation of the knife by police. Under G.L c. 265, section 10A, possession of a dangerous weapon, including knives, is a misdemeanor offense. The main restriction preventing the carrying or possession of a knife under state knife laws applies to "dangerous weapons," which include double-edged daggers and Bowie knives. A first offense under section 10A carries a maximum potential jail sentence of six months, and a fine of $100. A second or subsequent conviction is punishable by a mandatory minimum jail sentence of six months. Section 10A does not apply to knives carried lawfully for use at work or as an instrumentality of their employment; however, a person carrying a knife for work, but for unlawful purposes such as to do bodily harm or to use it in the commission of a crime will still be subject to prosecution. Interestingly, while the 2018 amendment (for the first time in the history of the statute) permitted a six month jail sentence in the case of a first offense, the legislature also decriminalized this minor infraction, allowing for instead a sentence of probation, community service, and/or a fine of $100. Furthermore, the Massachusetts Appeals Court recently reaffirmed the principle that convictions under section 10A are misdemeanors even if the offense is committed while armed with an illegal weapon, such as a gun.
A more serious offense related to knife possession in Massachusetts is one that involves a person’s use of a knife in the commission of a crime. Under G.L c. 265, section 21, any person who "uses" a dangerous weapon…the force of which is sufficient to inflict injury…against the person of another commits the affense of assault with a dangerous weapon." Knife cases prosecuted under this statute are relatively few; however, the sentence possible for the offense can be very serious. Conviction of assault with a dangerous weapon carries a maximum potential penalty of five years in state prison. Although possessing a knife to be used against a person to inflict injury represents the most serious offense related to knife possession and use in Massachusetts, the prevailing sentence where a conviction is secured is rarely a severe one. For instance, in the case of Commonwealth v. Adamides, 38 Mass. App. Ct. 959, ADAMIDES, the defendant was convicted of assault with a dangerous weapon after stabbing a man in the back with a knife carried on the defendant’s person. He was sentenced to serve 2-1/2 years in the House of Correction, with 18 months to serve and the remainder suspended for a period of two years, with conditions, including participation in drug or alcohol counseling. Just a couple years earlier, in the case of Commonwealth v. Brown, 18 Mass. App. Ct. 989, BROWN, the defendant was convicted of the same crime after using a knife during a bar fight. His sentence included 5 years of probation, with 2.5 years to serve at the House of Correction, with certain conditions including participation in fire arms awareness program. In this context, a conviction under section 21 is not considered a "misdemeanor" and therefore, a defendant so-convicted will face many collateral consequences related to eligibility for employment, housing, and educational opportunities.
Tips for Staying Compliant with Knife Laws
When it comes to complying with Massachusetts knife laws, there are several practical tips and resources that can help you minimize the risk of violating any laws. The following are some useful pieces of advice that may be beneficial:
- Choose the Right Knives: Invest in and carry knives that are designed for your intended use; if you are a mechanic or tradesman, shop for industrial-grade folding knives rather than tactical knives.
- Maintain a Good Reason for Carrying: If you do plan to carry a knife, make sure you have a good reason for doing so – either for work or for specific recreational activities, such as hunting or fishing.
- Keep Knives Stored Safely: Store all knives in a secure location at home, like a toolbox or drawer that cannot be easily accessed by children or other unauthorized individuals.
- Avoid Knives That Could be Dangerous: Even if a knife seems like an attractive option, it’s never worth the risk to your safety or public perception to buy or carry knives that could cause serious injuries.
- Check Local Regulations: Knife laws can vary significantly from one municipality to the next. Additionally , some districts within Massachusetts have tailored knife restrictions (e.g., Boston and Worcester). Always check local ordinances before carrying a knife in a specific area.
- Educate Yourself Further: Many gun shops, sporting goods stores, knife shops and outdoor equipment shops will have staff who are knowledgeable about Massachusetts knife laws and can provide fairly accurate answers to questions about local regulations.
- Hire an Attorney: If you ever end up in a situation in which you are being charged with a crime, it is important to have a Massachusetts criminal defense attorney on hand who has experience with these types of cases.
Ultimately, any advice you choose to follow will never excuse illegal behavior. If you are accused of breaking Massachusetts knife laws, it is critical that you consult with a criminal defense attorney who has experience defending against weapon-related criminal charges.