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Auto Knife for LE

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Posted by: OneTactical

does anyone have any caselaw relating CH269 SS10, for the legality of law enforcement possession of an auto opening knife?

please PM



Posted by: 94c

I've never heard of a cop getting arrested for this so there can't be any case law.



Posted by: Sniper

doesn't sound right........... what leads you to believe that there is case law on this ?



Posted by: Curious EMT

There isnt.

Just because a manufacturer says "ok for LE / military only" doenst mean it's legal. In some states, those Benchmade are legal, but they dont want every jane, dick, and harry having them.

100% illegal in mass.

And the law wont be tried until a cop is fighting for his gun and cuts up some coked out liberal yuppie that was on his way to changing his life around.



Posted by: Sniper

curious...........love the sig.



Posted by: Curious EMT

Quote:
Originally Posted by Sniper
curious...........love the sig.




Posted by: brkfldpo

Quote:
Originally Posted by Curious EMT
There isnt.

Just because a manufacturer says "ok for LE / military only" doenst mean it's legal. In some states, those Benchmade are legal, but they dont want every jane, dick, and harry having them.

100% illegal in mass.

And the law wont be tried until a cop is fighting for his gun and cuts up some coked out liberal yuppie that was on his way to changing his life around.
I own a Benchmade automatic knife and bought it in Mass.
I also carry a double edge boot knife as one of my back up weapons while on duty which was also bought in Mass. Both of those weapons were bought at a legitimate store. I am still searching for case law on this but so far I have come up with nothing.



Posted by: Crvtte65

Quote:
Originally Posted by brkfldpo
I own a Benchmade automatic knife and bought it in Mass.
I also carry a double edge boot knife as one of my back up weapons while on duty which was also bought in Mass. Both of those weapons were bought at a legitimate store. I am still searching for case law on this but so far I have come up with nothing.
Just because you bought it from a store doesn't make it legal for anyone to possess.



Posted by: 94c

Quote:
Originally Posted by brkfldpo
I own a Benchmade automatic knife and bought it in Mass.
I also carry a double edge boot knife as one of my back up weapons while on duty which was also bought in Mass. Both of those weapons were bought at a legitimate store. I am still searching for case law on this but so far I have come up with nothing.
Does your chief know about this? And what's his take on it?

There is nothing in the law that allows police to carry double edged knives.



Posted by: honor12900

Quote:
Originally Posted by brkfldpo
I own a Benchmade automatic knife and bought it in Mass.
I also carry a double edge boot knife as one of my back up weapons while on duty which was also bought in Mass. Both of those weapons were bought at a legitimate store. I am still searching for case law on this but so far I have come up with nothing.
Both weapons are illegal under M.G.L c.269s10 (B)



Posted by: 94c

[quote=brkfldpo] Both of those weapons were bought at a legitimate store. quote]

I've raided legitimate stores that sell drugs behind the counter. Does that make it legit?



Posted by: Sniper

I also own a Benchmade auto knife. I knew full well it was illegal when I obtained it. It is on my body armor, and it STAYS THERE. Its not clipped onto my pants pocket, or in my boots. I don't use it to cut rappel cords on my uniform or open packages. I have it on my vest as an absolute last resort. Illegal ALL DAY LONG, even for LE !!!



Posted by: jackryan

You could always see if Your Chief will authorize it:

Chapter 41: Section 98. Powers and duties

Section 98. The chief and other police officers of all cities and towns shall have all the powers and duties of constables except serving and executing civil process. They shall suppress and prevent all disturbances and disorder. They may carry within the commonwealth such weapons as the chief of police or the board or officer having control of the police in a city or town shall determine; provided, that any law enforcement officer of another state or territory of the United States may, while on official business within the commonwealth, carry such weapons as are authorized by his appointing authority.



Posted by: 94c

Quote:
Originally Posted by jackryan
You could always see if Your Chief will authorize it:

Chapter 41: Section 98. Powers and duties

Section 98. The chief and other police officers of all cities and towns shall have all the powers and duties of constables except serving and executing civil process. They shall suppress and prevent all disturbances and disorder. They may carry within the commonwealth such weapons as the chief of police or the board or officer having control of the police in a city or town shall determine; provided, that any law enforcement officer of another state or territory of the United States may, while on official business within the commonwealth, carry such weapons as are authorized by his appointing authority.
I did mention the word Chief in my previous post. So, How many Chiefs have authorized their men to carry switch blades as weapons? The answer is probably zero.



Posted by: brkfldpo

Quote:
Originally Posted by Crvtte65
Just because you bought it from a store doesn't make it legal for anyone to possess.
I didn't say that they were legal to carry. I was merlily pointing out that I purchased them in Mass. My chief is awear of us carrying. I have been searching for case law in regards to any Mass police officer having issues with the carying and use of the knives.



Posted by: 94c

Quote:
Originally Posted by brkfldpo
I didn't say that they were legal to carry. I was merlily pointing out that I purchased them in Mass. My chief is awear of us carrying. I have been searching for case law in regards to any Mass police officer having issues with the carying and use of the knives.
Ah, but has he directed it through policy or feigned indifference?
Something goes horribly wrong where you end up using that type of knife, is he going to openly support you?



Posted by: justanotherparatrooper

been my experience that I can open a knife with one hand damn near as quick as a auto.Without any of the hassle, I own a couple of auto's from when I was in the service, most of the guys I knew who jumped carried one. I do have a ? for you though. Have you seen the 'assisted' knives. They claim to be legal in all states because they require the user to start to open the blade.



Posted by: Sgt K

A few years back I was reviewing a lot of department's policies and procedures for accreditation or certification. I often came across ones where Chiefs authorized the carrying of knives, not specifically auto's, as "emergency tools". They used the 41-98 language to support their position.
Additionally , some academy instructors teach that when a suspect has a knife in his or her possession it is refered to in written or narrated testimony as a "weapon". When a law enforcement officer is working in his/her official capacity and a knife is in the l.eo.'s possession it is refered to as an "emergency tool". Just my two cents!



Posted by: 2-Delta

The SOG "flash" series is just as good imho, without the inherited legal liability.



Posted by: BPD142

I have to agree with the assisted opening knives. I carry one myself, a Kershaw, and you would have to be a little slow upstairs to say there is a noticable difference with opening times. Why get jammed up if a situation arises? Just my 2 cents.



Posted by: pahapoika

was eyeing a switchblade while traveling out of state and a friend says , "what are you going to do with that ? , get the jump on a cantaloupe ? "

the boot knives look good , but was told their illegal too

settled for a Buck folder that pops out with a flick of the thumb
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Posted by: Edmizer1

Double edged knives are not illegal in Mass. They can be sold in any store. They have many legit purposes. It is illegal to "Carry" them upon your person under a definition in 269-10.



Posted by: Killjoy

Save yourself the hassle and buy an Emerson Combat Karambit Folder...it deploys far faster than a switchblade and is quite deadly as a last-ditch weapon. Here's the link. It makes an excellent defensive weapon when kept in the weak-side pocket, however, its not a knife for cutting open boxes.

http://www.emersonknives.com/HardWear_index.html



Posted by: US706

Quote:
Originally Posted by Killjoy
Save yourself the hassle and buy an Emerson Combat Karambit Folder...it deploys far faster than a switchblade and is quite deadly as a last-ditch weapon. Here's the link. It makes an excellent defensive weapon when kept in the weak-side pocket, however, its not a knife for cutting open boxes.

http://www.emersonknives.com/HardWear_index.html


$239.00 holy shite....



Posted by: pahapoika

$239.00 holy shite....

ditto !
thanks for the link , gonna have to get over the sticker shock first though ............
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Posted by: Barbrady

I got a Benchmade too. The 3550 S B K (Pardue).



Posted by: Killjoy

You always get what you pay for...don't go cheap on something that can save your life.



Posted by: pahapoika

You always get what you pay for

true , went high end on a pair of sunglasses and very happy with them.

only hurts for a little while


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