Van Canna wrote:
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.
1. The Emerson Folding Karambit features the patented wave-opening device. As you already know this makes it the fastest opening and deploying knife in the world. Because of this fact it is virtually the same as pulling a fixed blade knife out of your pocket.
· Overall Length: 6.80 in. · Blade Length: 2.60 in. · Handle Length: 5.65 in. · Weight: 3.6 in. · Blade Finish: Hand Ground Satin
Is this knife legal or not in Mass?
Good questions Van;
I have heard of the knife and have seen it in Blade. I believe that the statute was drafted drafted primariliy for spring loaded knives that pop right out of the case or switch blade folders. However, the courts could decide that if the knife has any mechanism which moves the blade into a locked position upon withdrawal, then it could qualify as a prohibited instrument.
If the blade has more than one ground blade edge, it is prohibited.
The next problem is whether or not the knife and the design is used for purposes other than for human or animal defense. Can it shuck oysters? Can it be used for hunting and fishing.
The purpose of the knife is as important as the locking mechanism when drawn.
Recent cases have held that these statutes are to be strictly interpreted especially when they are vague or ambiguos. They may not be used for extreme prosecutorial purposes.
The case of the prostitute, who, when arrested concealed a 6 inch steak knife in her bra, and who admitted that she carried it for self-defense. (her purpose was limited to cutting a human).
In another case, a prostitute, arrested with a search made of her large handbag rervealing a large surrated blade knife which she claimed she used to make her lunch. The court held that this was not a dangerous weapon.
And in my oft quoted Commonwealth v. Steve Miller, his 6 inch folder was not to be interpreted as a prohibited "Dirk Knife", with the reasoning being that it did not resemble the classical dirk, and was folded in his pocket when he produced it upon search.
The current trend of the courts is to be reasonable when testing the standards.
Even if the Emerson was found to be out side of the definition of what was a drawn locked blade, and therefore not automatically a dangerous weapon, it could be ruled a dangerous weapon if it had not qualified as useful in any other application, than for defense.
When you refer to a "wave opening" I assume that you can activate release by mechanism of having some sort of loose blade, with inertia opening and then locking.
I hope that I have at least covered some of the problems that arise if you carry this knife.