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Dangerous Weapons Statute

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Posted by: morlok99

Can someone give me their spin on this:
Is or is not a butterfly knife a dangerous weapon as defined by MGL 269/10?
According to the statute, a knife which is a "dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position", meets the definition by having a device or case that allows it to be drawn at a locked position. Also, most of those style knives I have run across have blades over 1 1/2 inces, making it again meet the definition set forth in the statute.
However, I've recently been told that a butterfly knife doesn't meet the definition.
Just looking for opinions, or maybe somebody's department or district court has provided further guidance. Thanks.


Posted by: Wolfman

Quote:
(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)
Off the top of my head, I'd say that your run of the mill butterfly knife is not illegal. More people probably cut their own fingers while trying to do fancy Jet Li moves with the things than harm someone else. The "case" (handle) does not allow it to be drawn (from a pocket) in a locked position - you need to physically open (unlatch) the case and swing the blade into position. The 1 1/2" rule applies to a spring-release knife.

That said, throw a double edge onto it, possess it while committing a breach of peace, or bring it to a gunfight and I'd say you're in the shit.


Posted by: morlok99

The result of the incident that lead me to asking for opinions on this was that I locked the suspect up for disorderly, and he ended up having it in his pants pocket.
After booking, I got in a discussion with a couple other officers about it, and as it usually goes, everyone's got a different spin.
Thanks for the reply




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