Sword laws in Massachusetts

[orion42m]

What are the sword laws in Massachusetts? I was thinking of having a katana in a cosplay. Also what is the minimum age for bearing it?

 

[Marchogwyn]

Please note that the following does not constitute legal council. It is advice based on my reading of the laws in MA. Also, I don't live there, so make of this what you will...

Firstly, when it comes to swords, they generally fall under the section of the law pertaining to knives. I have yet to find a state law that directly and intelligently defines and deals with when swords can or cannot be owned or carried. MA law is no exception. As far as I can tell, there aren't any restrictions on owning pretty much anything in MA. There are restrictions on what you can carry in public. The section that pertains to knives also contains a bunch of other objects defined as "Dangerous Weapons" all in one big run-on sentence. The full text of the law is as follows:

(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.

What a mouthful. I interpret it like this.

It is illegal to carry and/or have at hand while driving:

(a). stilettos
(b). daggers
(c). a locking blade knife in a special sheath that opens the knife for you when you draw it
(d). ballistic knives
(e). dirks
(f). double-edged knives
(g). switchblades longer than 1.5 inches
(h). slingshots
(i). blowguns
(j). blackjacks (flexible clubs)
(k). brass knuckles
(l). nunchucks
(m). throwing stars
. spiked armbands and gloves
(o). a length of chain with weights on the ends.

Furthermore, if you are carrying any sort of knife or weapon and you are arrested for something else, you face a minimum 6 months jail time.

Now for how all of this applies to you. There does not appear to be any age restrictions on owning or carrying swords or knives. Also, while it is illegal to carry most western swords (double-edged), katana are okay:facepalm. They basically count as really long fixed blade single-edged knives. So you should be good to go, right? Well...maybe. Most cities have ordinances that go further than state laws. The city of Boston, as well as several other MA cities, prohibit the carrying of any blade longer that 2.5 inches, with some exceptions. The Boston ordinance reads thusly:

16-45.1 Carrying of Weapons Prohibited.
No person, except as provided by law, shall carry on his person, or carry under his control in a vehicle, any knife having any type of blade in excess of two and one-half (2½ ) inches, ice picks, dirks or similar weapons that are likely to penetrate through police officer's ballistic vests, or other object or tool so redesigned, fashioned, prepared or treated that the same may be used to inflict bodily harm or injury to another, except:
a. When actually engaged in hunting or fishing or any employment, trade or lawful recreational or culinary activity which customarily involves the carrying or use of any type of knife, or
b. In going directly to and/or returning directly from such activities, or
c. If the knife is being transported directly to or from a place of purchase, sharpening, or repair, and if packaged in such a manner as not to allow easy access to the knife while it is being transported.
No person, except as provided by law, shall carry on his person, or carry under his control in a vehicle, a machete. For purposes of this section, "machete" means a heavy knife at least eighteen (18) inches in length and having a blade at least one and one-half (1.5) inches wide at its broadest measurement. This subsection shall not apply to carrying a machete on one's person or in a vehicle if the machete is carried for the purpose of cutting vegetation or if the machete is being transported for the purpose of cutting vegetation.

The part that would affect you is the "lawful recreational activity which customarily involves the carrying or use of any type of knife" exception. Since you are cosplaying, and there are lots of cosplays that have knives and swords on them, one could argue that carrying a katana(but not a broadsword; those are illegal to carry:facepalm) as part of a costume counts as customary. Maybe.

These laws are deliberately written to be open to interpretation by LEOs, judges and juries. If you are wearing your katana with a costume, and are in a place where there are other people in costume, I don't think anyone is going to care. To be safe, you shouldn't be carrying a sharpened sword anyway. It also wouldn't hurt to have a sword bag or case for carrying it to and from the event.

TL;DR
There is no age restriction, and you should be able to wear it as part of your costume. Just don't do anything to look suspicious or threatening. And no broadswords.:facepalm

 

[nightowl12020]

Your safest course of action would be to call your local police or the police in the area where you will be if it's different and ask them, making sure to explain exactly what you are doing. If they have any local ordinances that differ from state law, they can tell you. I always interpreted the law on a case by case basis when I worked the street in uniform if the item wasn't something explicitly prohibited and the person I was dealing with wasn't doing something illegal to begin with. Of course, when I worked in MA. it was a very very long time ago. Attitudes were much different on the east coast than out here on the west side of the country.

 

[Nycteris]

I live in Massachusetts.. and all the cons I've been to specifically forbid metal bladed (or even metal in general) props.