Massachusetts Knife Laws in a Nutshell
The Commonwealth of Massachusetts, just like the Federal Government, has recognized that knives are used not only for practical purposes but also sometimes for self-defense. The Massachusetts Knife Laws are statutes that specify what kinds of knives can be used and under what circumstances. These statutes do change from time-to-time, so it is important to check the laws carefully if you own a knife.
Massachusetts knife laws differ greatly from New York Knife Laws. Under Massachusetts knife laws, the State has no problematic restriction on any type of folding knife. However, certain purposeful deployments of these knives could put you in violation of Massachusetts general knife laws. For example, if a folding knife were opened with a flick of a wrist for use as a weapon to strike a person, a Massachusetts court and/or jury could consider that to be a "dirk knife" or "dagger knife" under the Massachusetts knife laws.
In contrast to folding knives, Massachusetts general knife laws are extremely explicit when it comes to swords, daggers and dirks. The Massachusetts general knife laws provide that possession of a sword, a dagger or dirk knife is illegal in public places, unless the knife is carried for a "lawful purpose . " At least one Massachusetts Appeals Court has held that a knife being "carried for a lawful purpose" includes carrying a knife for self-defense. See Commonwealth v. LeBreck, 28 Mass. App. Ct. 888, 534 N.E. 2d 755 (Mass. App. Ct. 1989).
The Massachusetts knife laws are very specific and prohibit knives of a particular shape and design. While folding knives are generally permitted by Massachusetts knife laws, swords, daggers, dirk knives, switchblade knives and other types of knives designed to be hidden, or concealed upon immediate sight, are restricted by Massachusetts general knife laws. These knives are specifically listed in Massachusetts’ General Laws Chapter 269, Section 10(c):
(c) Whoever….carries in any vehicle or on his person a stiletto, switchknife, gravity knife, switchblade knife, or any other dangerous knife is forthwith sentenced to imprisonment in the state prison for not less than two years.
However, kitchen knives, leatherman tools, or other knives with non-dangerous utility are not restricted by Massachusetts knife laws.
Appendix A: Summary Table of Common Knives and their Status Under Massachusetts Knife Laws:
(1) These prohibitions under Massachusetts knife laws do not apply if the knife is "being carried for a lawful purpose." G.L. c. 269, § 10.
How Massachusetts Defines Knives
All knives and blades are considered weapons under Massachusetts law. The only difference is what the commonwealth considers legal to carry and what it considers illegal. The prohibition against knives extends to "blades." Specifically, Mass. Gen. Laws ch. 269 § 10 states:
"Whoever … carries on his person … any … knife … having a blade of two inches or more, other than a folding knife with a blade of three inches or less, shall be punished by imprisonment in the state prison for not more than ten years and a fine of not more than five hundred dollars. Whoever carries on his person … any … knife … having a blade of one and one half inches or more, not including a folding knife with a blade contained entirely within the handle, shall be guilty of a misdemeanor and after being convicted thereof a subsequent offense shall be punished by a fine of not more than one thousand dollars …."
In other words, if a knife is classified as either a knife or a blade and is carried on your person (not in a purse, bag, book pack, etc.), it is illegal to possess.
Nowhere in the statute does it provide a list of blades or knives that can and cannot be possessed or carried. The make and model of knives and blades are not relevant in the determination of legality under the law.
It bears noting that the aforementioned are only the misdemeanor classifications. There are also felony classifications which are spelled out in detail under Mass. Gen. Laws ch. 269 § 7. These felony classifications carry a significantly longer jail sentence.
Where You Can’t Carry Knives
In Massachusetts, not only are you supposed to be 18 years or older to buy a knife, but you are also typically supposed to be 18 years or older to carry it in public. As noted by Mass.gov, in Massachusetts, knives are considered dangerous weapons. If you carry such a weapon with the intent to harm you, you could be charged with assault with a dangerous weapon (which sounds a lot more serious than it is). Essentially, arm yourself with a knife and you’re subject to some serious criminal laws, assuming that you’re of legal age to begin with. The only exception to this rule is for hunting knives. If you’re using it for a legitimate purpose like hunting, fishing, or trapping, you may be able to carry a knife with a blade longer than 2.5 inches. Regardless of the specific purpose of the knife, you may only carry it if it’s in a sheath which covers the blade. The point is that it should be concealed in some way, shape, or form. Even if the knife is properly sheathed, whether or not you can bring it into a certain establishment, like a nightclub, may be the establishment’s decision. For example, restaurant bars can prohibit knives and some places might not allow them at all, or try to claim possession of any knife permanently. Essentially, if you don’t abide by the policies of a certain location, you can be charged with trespassing. The bottom line is that knives of all types and sizes are illegal to carry in Massachusetts. Even if you possess one legally, and even if you did not intend to use it on someone, carrying a knife is still considered a serious offense.
Penalties for Knife Crimes
On a practical level, violating Massachusetts knife carry laws can result in fines, arrest, detention, or other legal actions. The specific penalties will largely depend on the circumstances of each case and what knife-related laws you are accused of violating.
The penalties for violating Massachusetts knife carry laws vary:
The important distinctions here relate to whether the defendant had a concealed knife vs . if the defendant possessed a fixed blade knife vs. an open carry blade knife. For more serious or repeat offenses, jail time or harsher penalties may be possible. When charged with knife crimes in Massachusetts, working with an experienced Massachusetts criminal defense lawyer is important.
Exceptions to Massachusetts Knife Laws
Exceptions to the Massachusetts Knife Carry Laws
Like just about every other law in the Commonwealth, you can always expect some exceptions. Unlike some other laws, such as the general ban on carrying weapons, there is no clear single exception to the prohibition on carrying knives with a blade larger than 1.5 inches. Rather, there are a number of exceptions to their use and carry.
Most importantly, however, Massachusetts recognizes that we need knives for everyday activities and certain professional duties. Because of this, it has carved out exceptions to the law for certain employment situations and necessary everyday tasks. For example:
There are some other jobs where carrying knives is a common occurrence, such as farming and various trades, are more nuanced. Depending on whether a knife is necessary for the task at hand, it may not qualify as an exception to the law without a knife permit or suitable exception.
Professional exceptions are simply one of a few situations that allow for the lawful possession and carry of knives larger than 1.5 inches in length. Note that even if a professional requires the use of knives, not every knife is going to qualify as an exception to the law. For example, a chef’s knife may be necessary for keeping your broiler in the kitchen, but may still fall outside of the blade size requirements in many circumstances.
Everyday Use & Exceptions
Similarly, whether a knife is an exception also depends on the task you’re using it for. Almost every day, someone arrives at school, work, or out on a hike with a knife on their belt or in their pocket. In many cases, they’re completely legal and permissible under Massachusetts law.
Some examples of these tasks and natural exceptions include:
All of these knives have a functional purpose, so long as the use is within the confines of the scope of their stated purpose. Failure to comply with the purpose for the knife can be treated as a clear indicator of intent to carry an illegal knife, which is illegal under the statute.
In short, there are a number of exceptions to the law that allow you to carry a knife in certain situations, including:
If you’re unsure whether your knife qualifies under one of the listed exceptions, it’s best to consult a Massachusetts knife lawyer to review your specific situation and help ensure that you stay on the right side of the law.
How Not to Break the Knife Law
To remain within the confines of Massachusetts law, knife owners and carriers should be mindful of the following:
Know What You Own – It is not enough to use knife types in an appropriate fashion. You also need to be aware of the classifications of the knives you own. For instance, what you might think qualifies as a folding knife is, in fact, considered a prohibited, gravity knife.
Store Knives Properly – When carrying a knife while traveling, conceal it within a closed handbag, container , backpack or other personal item. Make sure that such items are closed and secure from sight and physical access. You can keep the knife on you, but avoid drawing it in public unless necessary to protect yourself from imminent danger.
Be Conscious of Your Surroundings – If you plan to go to an event, such as a concert or sports game, check in advance with the venue’s guidelines to confirm that knives are permitted. Some venues require security to review items by hand and may only allow folding knives or prohibited knives in a secure, closed mechanism.