BOSTON move????

This is a discussion on BOSTON move???? within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; hoping someone can help me with my Q. I'm from Toronto Canada and always have an EDC on me. Here there's no regulation on how ...

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Thread: BOSTON move????

  1. #1
    New Member Array uwo's Avatar
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    BOSTON move????

    hoping someone can help me with my Q.

    I'm from Toronto Canada and always have an EDC on me. Here there's no regulation on how long the blade must be etc. (guess cuz all the hunters et al here):rock: but i've heard much diff info on what the law states in Boston. Some have told me it's diff in Boston than for the state MA, or what have you.
    I'm moving to Boston and still want to be able to carry and EDC legally.:tick: My current edge is 3.5" and ive heard stories of 2.5 & 1.5" being the legal limit?!?! :barf:

    can any1 out there point me to the right info??
    thanx:kay:

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  3. #2
    Distinguished Member Array LenS's Avatar
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    Here\'s a beginning on Mass Law. Boston has its own laws and right now I don\'t know where they may be posted, but I \"might\" be able to find out later.

    http://www.mass.gov/legis/laws/mgl/269-10.htm

    Chapter 269: Section 10 Carrying dangerous weapons; possession of machine gun or sawed-off shotguns; possession of large capacity weapon or large capacity feeding device; punishment

    Section 10. (a) Whoever, except as provided or exempted by statute, knowingly has in his possession; or knowingly has under his control in a vehicle; a firearm, loaded or unloaded, as defined in section one hundred and twenty-one of chapter one hundred and forty without either:

    (1) being present in or on his residence or place of business; or

    (2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or

    (3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or

    (4) having complied with the provisions of sections one hundred and twenty-nine C and one hundred and thirty-one G of chapter one hundred and forty; or

    (5) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; and whoever knowingly has in his possession; or knowingly has under control in a vehicle; a rifle or shotgun, loaded or unloaded, without either:

    (1) being present in or on his residence or place of business; or

    (2) having in effect a license to carry firearms issued under section one hundred and thirty-one of chapter one hundred and forty; or

    (3) having in effect a license to carry firearms issued under section one hundred and thirty-one F of chapter one hundred and forty; or

    (4) having in effect a firearms identification card issued under section one hundred and twenty-nine B of chapter one hundred and forty; or

    (5) having complied with the requirements imposed by section one hundred and twenty-nine C of chapter one hundred and forty upon ownership or possession of rifles and shotguns; or

    (6) having complied as to possession of an air rifle or BB gun with the requirements imposed by section twelve B; shall be punished by imprisonment in the state prison for not less than two and one-half years nor more than five years, or for not less than one year nor more than two and one-half years in a jail or house of correction. The sentence imposed on such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, work release, or furlough or receive any deduction from his sentence for good conduct until he shall have served one year of such sentence; provided, however, that the commissioner of correction may on the recommendation of the warden, superintendent, or other person in charge of a correctional institution, grant to an offender committed under this subsection a temporary release in the custody of an officer of such institution for the following purposes only: to attend the funeral of a relative; to visit a critically ill relative; or to obtain emergency medical or psychiatric service unavailable at said institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file.

    No person having in effect a license to carry firearms for any purpose, issued under section one hundred and thirty-one or section one hundred and thirty-one F of chapter one hundred and forty shall be deemed to be in violation of this section.

    The provisions of section eighty-seven of chapter two hundred and seventy-six shall not apply to any person seventeen years of age or older, charged with a violation of this subsection, or to any child between ages fourteen and seventeen so charged, if the court is of the opinion that the interests of the public require that he should be tried as an adult for such offense instead of being dealt with as a child.

    The provisions of this subsection shall not affect the licensing requirements of section one hundred and twenty-nine C of chapter one hundred and forty which require every person not otherwise duly licensed or exempted to have been issued a firearms identification card in order to possess a firearm, rifle or shotgun in his residence or place of business.

    (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), shall be punished by imprisonment for not less than two and one-half years nor more than five years in the state prison, or for not less than six months nor more than two and one-half years in a jail or house of correction, except that, if the court finds that the defendant has not been previously convicted of a felony, he may be punished by a fine of not more than fifty dollars or by imprisonment for not more than two and one-half years in a jail or house of correction.

    (c) Whoever, except as provided by law, possesses a machine gun, as defined in section one hundred and twenty-one of chapter one hundred and forty, without permission under section one hundred and thirty-one of said chapter one hundred and forty; or whoever owns, possesses or carries on his person, or carries on his person or under his control in a vehicle, a sawed-off shotgun, as defined in said section one hundred and twenty-one of said chapter one hundred and forty, shall be punished by imprisonment in the state prison for life, or for any term of years provided that any sentence imposed under the provisions of this paragraph shall be subject to the minimum requirements of paragraph (a).

    (d) Whoever, after having been convicted of any of the offenses set forth in paragraph (a), (b) or (c) commits a like offense or any other of the said offenses, shall be punished by imprisonment in the state prison for not less than five years nor more than seven years; for a third such offense, by imprisonment in the state prison for not less than seven years nor more than ten years; and for a fourth such offense, by imprisonment in the state prison for not less than ten years nor more than fifteen years. The sentence imposed upon a person, who after a conviction of an offense under paragraph (a), (b) or (c) commits the same or a like offense, shall not be suspended, nor shall any person so sentenced be eligible for probation or receive any deduction from his sentence for good conduct.

    (e) Upon conviction of a violation of this section, the firearm or other article shall, unless otherwise ordered by the court, be confiscated by the commonwealth. The firearm or article so confiscated shall, by the authority of the written order of the court be forwarded by common carrier to the colonel of the state police, who, upon receipt of the same, shall notify said court or justice thereof. Said colonel may sell or destroy the same, except that any firearm which may not be lawfully sold in the commonwealth shall be destroyed, and in the case of a sale, after paying the cost of forwarding the article, shall pay over the net proceeds to the commonwealth.

    (f) The court shall, if the firearm or other article was lost by or stolen from the person lawfully in possession of it, order its return to such person.

    (g) Whoever, within this commonwealth, produces for sale, delivers or causes to be delivered, orders for delivery, sells or offers for sale, or fails to keep records regarding, any rifle or shotgun without complying with the requirement of a serial number, as provided in section one hundred and twenty-nine B of chapter one hundred and forty, shall for the first offense be punished by confinement in a jail or house of correction for not more than two and one-half years, or by a fine of not more than five hundred dollars.

    (h) Whoever owns, possesses or transfers possession of a firearm, rifle, shotgun or ammunition without complying with the requirements relating to firearm identification cards as provided in section 129C of chapter 140 shall be punished by imprisonment in a jail or house of correction for not more than two years or by a fine of not more than $500. A second violation of this paragraph shall be punished by imprisonment in a jail or house of correction for not more than two years or by a fine of not more than $1,000 or both. A person committing a violation of this subsection may be arrested without a warrant by any officer authorized to make arrests.

    (i) Whoever knowingly fails to deliver or surrender a revoked or suspended license to carry or possess firearms or machine guns issued under the provisions of section one hundred and thirty-one or one hundred and thirty-one F of chapter one hundred and forty, or firearm identification card, or receipt for the fee for such card, or a firearm, rifle, shotgun or machine gun, as provided in section one hundred and twenty-nine D of chapter one hundred and forty, unless an appeal is pending, shall be punished by imprisonment in a jail or house of correction for not more than two and one-half years or by a fine of not more than one thousand dollars.

    (j) Whoever, not being a law enforcement officer, and notwithstanding any license obtained by him under the provisions of chapter one hundred and forty, carries on his person a firearm as hereinafter defined, loaded or unloaded or other dangerous weapon in any building or on the grounds of any elementary or secondary school, college or university without the written authorization of the board or officer in charge of such elementary or secondary school, college or university shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than one year, or both. For the purpose of this paragraph, \"\"firearm\''shall mean any pistol, revolver, rifle or smoothbore arm from which a shot, bullet or pellet can be discharged by whatever means.

    Any officer in charge of an elementary or secondary school, college or university or any faculty member or administrative officer of an elementary or secondary school, college or university failing to report violations of this paragraph shall be guilty of a misdemeanor and punished by a fine of not more than five hundred dollars.

    [ There is no paragraph (k).]

    (l) The provisions of this section shall be fully applicable to any person proceeded against under section seventy-five of chapter one hundred and nineteen and convicted under section eighty-three of chapter one hundred and nineteen, provided, however, that nothing contained in this section shall impair, impede, or affect the power granted any court by chapter one hundred and nineteen to adjudicate a person a delinquent child, including the power so granted under section eighty-three of said chapter one hundred and nineteen.

    (m) Notwithstanding the provisions of paragraph (a) or (h), any person not exempted by statute who knowingly has in his possession, or knowingly has under his control in a vehicle, a large capacity weapon or large capacity feeding device therefor who does not possess a valid Class A or Class B license to carry firearms issued under section 131 or 131F of chapter 140, except as permitted or otherwise provided under this section or chapter 140, shall be punished by imprisonment in a state prison for not less than two and one-half years nor more than ten years. The possession of a valid firearm identification card issued under section 129B shall not be a defense for a violation of this subsection; provided, however, that any such person charged with violating this paragraph and holding a valid firearm identification card shall not be subject to any mandatory minimum sentence imposed by this paragraph. The sentence imposed upon such person shall not be reduced to less than one year, nor suspended, nor shall any person convicted under this subsection be eligible for probation, parole, furlough, work release or receive any deduction from his sentence for good conduct until he shall have served such minimum term of such sentence; provided, however, that the commissioner of correction may, on the recommendation of the warden, superintendent or other person in charge of a correctional institution or the administrator of a county correctional institution, grant to such offender a temporary release in the custody of an officer of such institution for the following purposes only: (i) to attend the funeral of a spouse or next of kin; (ii) to visit a critically ill close relative or spouse; or (iii) to obtain emergency medical services unavailable at such institution. Prosecutions commenced under this subsection shall neither be continued without a finding nor placed on file. The provisions of section 87 of chapter 276 relative to the power of the court to place certain offenders on probation shall not apply to any person 17 years of age or over charged with a violation of this section.

    The provisions of this paragraph shall not apply to the possession of a large capacity weapon or large capacity feeding device by (i) any officer, agent or employee of the commonwealth or any other state or the United States, including any federal, state or local law enforcement personnel; (ii) any member of the military or other service of any state or the United States; (iii) any duly authorized law enforcement officer, agent or employee of any municipality of the commonwealth; (iv) any federal, state or local historical society, museum or institutional collection open to the public; provided, however, that any such person described in clauses (i) to (iii), inclusive, is authorized by a competent authority to acquire, possess or carry a large capacity semiautomatic weapon and is acting within the scope of his duties; or (v) any gunsmith duly licensed under the applicable federal law.

  4. #3
    Distinguished Member Array LenS's Avatar
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    Now for the next question . . .

    Do you HAVE TO live in the City of Boston? If not, I\'d advise living nearby and avoid the idiocy of Boston laws and rules. Some only apply to residents (like the \"assault weapons\" requiring a special Boston permit in addition to a MA LTC, doesn\'t apply to visitors or those traveling into/thru the City).

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    New Member Array uwo's Avatar
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    wow, thanx soo much for the help.
    actually i have to be in Boston cuz im gonna be going to Harvard.
    but what is interesting is that i will be a visitor (not have resident stats).
    so could i then as a tourist passing through boston keep on to my edc knife of 3.5\"?
    thanx again
    any1 who knows let me know too ;) thanx

  6. #5
    Distinguished Member Array LenS's Avatar
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    Additionally, what exactly is an EDC?

    As you can see in the MGL I posted above, MA has some strange laws about what TYPE of knives we can possess (even to own, never mind to carry). So you need to be sure that whatever you possess is within the definition of allowable knives.

    If you live on a college campus (or go to school there), I seriously doubt that you can carry ANY kind of knife (but I am not 100% certain, however if this is the case, I do have some reliable resources that can get me that info).

    So, if you\'ll define the type of knife you have (EDC)?

    And what you\'ll be doing in Boston (working vs. college), we can fine-tune the response.

    BTW, you need an FID card to possess mace/CS in MA and you can NOT carry it on college campuses legally. Theoretically I know that you can request written permission from the college, but I am unaware of any college in Boston that will grant that permission. [Having worked as an Aux. PO at one of the large Boston colleges, I had the FT Lt. all over my case for not turning in a young lady (who would have been prosecuted) for having mace/CS on her key chain. And I was told that Campus Police would NOT issue permission for any female student to carry a chemical spray on the campus.]

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    New Member Array uwo's Avatar
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    EDC is short for Every Day Cary...i just have a 3.5\" Gerber folding knife. something i use for a whatever tool (very handy). il be goin to graduate schhol at harvard ie studying, no work or anything else (thank dad for my $$), mainly i will be a tourist will all my Ontario paperwork, licences, car, etc. just a few classes on the side.

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    Originally posted by uwo
    EDC is short for Every Day Cary...i just have a 3.5\" Gerber folding knife. something i use for a whatever tool (very handy). il be goin to graduate schhol at harvard ie studying, no work or anything else (thank dad for my $$), mainly i will be a tourist will all my Ontario paperwork, licences, car, etc. just a few classes on the side.
    I think I would just keep it hidden and not talk about it to others on (or off) campus. Nobody would ever know that you had it unless you had to use it. ;)

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    New Member Array uwo's Avatar
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    well, thats what i always did on campus here in canada (even here its prohibited on campus) but no1 cares. i think ill just do the same.

    \"To show that the need for better security is even more necessary now then ever\"
    i dotn see how restricting knives or weapons will do that? even in canada no1 believes this philosophy ...and we\'re considered sum tight azzes when it comes to weapons

  10. #9
    Distinguished Member Array LenS's Avatar
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    I checked with my reputable high level college police source and found out the following:
    - Carrying a single-edged knife as a \"tool\" on a college campus is NOT illegal. He advised me that you would be wise to conceal it from public view, so that you don\'t attract attention to yourself on campus.
    - Your knife should be fine as long as you don\'t do anything that gets interpreted as using it as a \"weapon\" or threaten someone with it. [Self-defense should always be a mitigating factor.]
    - Be aware that most Boston area colleges have taken to using metal detectors at most dances or concerts and thus would confiscate anything that could be construed as a weapon (including your \"tool\"). So when attending a large venue (I\'d imagine including basketball/hockey/football games) on any college campus (or rented facility) be prepared to leave the knife elsewhere or chance losing it.
    - It wouldn\'t surprise me if some clubs also used metal detectors at their doors. I don\'t hit the Boston club scene, so I wouldn\'t know for sure . . . but it is an educated hunch.

    I am also sending you a PM (U2U) to cover some areas that are specific to your case (since I assume you are not a US Citizen).

  11. #10
    Distinguished Member Array LenS's Avatar
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    uwo,

    The move to the new location/software made all PMs disappear and most settings need to be modified in User CP.

    I don't think that you received my earlier PM with the case-specific info for you. Also, since you haven't modified your "User CP" yet, I can't send the info to you via Email or PM.

    Could you please send me an Email from this site and I'll forward the info to you?

  12. #11
    Member Array Jim Bellino's Avatar
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    UWO,
    Harvard is actually in the city of Cambridge not Boston...been so long since I lived there I don't know what the laws are now.
    Jim

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    When I make it into Harvard's School of Public Health campus, I wear a Surefire flashlight that can be pressed into service as an impact weapon. I also carry 2-3 needle-sharp #2 wooden pencils. You never know when you might need to write, right, or erase something. Skills are always more important than toolsand attitude is more important than skill. Attitude and skills become even more important when your tool selection is limited.

    I found something out the hard way in Boston. China Town is a nice and touristy area with lots of interesting restaurants during daylight. If you come out of the restaurant after dark though, you're in a whole different neighborhood.


    Chuck
    When it's time to stomp cockroaches, you don't want to be wearing your fuzzy bunny slippers.

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    VIP Member Array ExSoldier's Avatar
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    Thumbs up

    Here's a thought for you: My Aikido sensei taught me this and having to work in an inner city school (no "weapons" allowed) I often take advantage of this. Take a section of newspaper and roll it up. It should just be to the thickness so that when the tube is folded in half, it fits comfortably and securely in your hand. When the tube is folded, the area where it creases will have a number of small bumps and ridges and it will be hard as a rock. Those bumps and ridges will rip and slash flesh on the face and head like small nails or tacks. THIS is your striking surface! You can whup the crap outta somebody or a bunch of somebody's and drop the now bloody paper in the nearest trash can and stroll from the area free and clear. A number of folks in my Aikido club here in South Florida have actually made use of this. I carry a rolled newspaper under my arm all the time. Try it, you'll see what I mean.
    Last edited by ExSoldier; January 29th, 2005 at 01:35 PM. Reason: Forgot info
    Former Army Infantry Captain; 25 yrs as an NRA Certified Instructor; Avid practitioner of the martial art: KLIK-PAO.

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    New Member Array uwo's Avatar
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    somerville

    well im her studying hard at Harvard. my new question is... does the same laws for Boston apply to Somerville? thats where im living now and i spend most my time in Somerville/Cambridge

    :)

  16. #15
    Distinguished Member Array LenS's Avatar
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    uwo,

    Most of what we told you was applicable everywhere in MA. Boston and Cambridge being big cities with a lot of political influence, allows them more flexibility in making their own laws (different from rest of state) under a special exemption called "home rule".

    It's damn near impossible to really learn what the local laws are in Boston and Cambridge for this reason.

    Somerville is less likely to make its own laws under "home rule" so you are probably safe to assume that what we told you about MGLs are all that you need to worry about.

    Good luck in Harvard!

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