A person is prohibited under Massachsuetts criminal law from carrying on his person or having under his control in a vehicle certain dangerous weapons which may be used to injure another person.
These dangerous weapons include any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position, or any knife having an automatic spring release device by which the blade is released from the handle and has a blade of over one and one-half inches. Other examples of dangerous weapons include metallic or brass knuckles or kung fu sticks or a billy club.
A full list of prohibited dangerous items under this law may be found under Massachusetts General Laws, Chapter 269, Section 10(b).
Under this law, there are two types offenses which are punished. The first is just the Carrying of Certain Dangerous Weapons. The second, is the Carrying of Certain Dangerous Weapons when Being Arrested. The law does not penalize the possession of these items in a person’s home or at his or her place of business.
Legal Elements for Carrying Certain Dangerous Weapons
In order to be found guilty of Carrying Certain Dangerous Weapons under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the item involved was the dangerous weapon alleged
- that the defendant carried the item on his or her person or under his or her control in a vehicle
- that the defendant knew that he or she was carrying the item on his or her person or under his or her control in a vehicle
Legal Elements of Carrying a Dangerous Weapon when Arrested
In order to be found guilty of Carrying Certain Dangerous Weapons when Arrested under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- that the defendant was either arrested on a warrant or arrested without a warrant for committing a breach of the peace
- that at the time the defendants arrest, he or she was armed with the alleged weapon, had the alleged weapon on his or her person, or had the alleged weapon under his or her control in a vehicle
- that the defendant knew that he or she was carrying the alleged weapon on his or her person or under his or her control in a vehicle
- the alleged weapon was a dangerous weapon
Potential Punishment if Convicted of Carrying Certain Dangerous Weapons in Massachusetts
If a defendant is convicted of having a dangerous weapon or item on his person or under his control in a vehicle, he has never been convicted of committing a felony, he faces imprisonment for not more than 2 ½ years in jail or house of correct.
However, if the defendant has previously been convicted of a felony, he or she terms a term of imprisonment for not less than 2 ½ nor more than 5 years in state prison or not less than 6 months nor more than 2 ½ in a jail or house of correction. The punishment may be found under Massachusetts General Laws, Chapter 269, Section 10(b).
If you have been charged with Carrying Certain Dangerous Weapons call (508) 213-9113 to schedule your free consultation with experienced Massachusetts Gun Defense Attorneys of the Law Office of John L. Calcagni III.