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The Massachusetts Supreme Judicial Court issued a decision on Tuesday ruling that a ban on carrying a switchblade knife violates the right to bear arms under the Second Amendment.
Since 1957, a state law has prohibited carrying spring-release knives in Massachusetts. The rule prohibited the possession of “a switch knife, or any knife having an automatic spring release device by which the blade is released from the handle,” with the punishment of up to five years in prison for violating the law.
Tuesday’s ruling stemmed from the 2020 arrest of David E. Canjura. According to the SJC, he was charged with carrying a dangerous weapon when police searched him in response to a call for an altercation between him and his girlfriend and they found an “orange firearm-shaped knife with a spring-assisted blade.” Canjura challenged the constitutionality of the charge against him, arguing the blade was an “arm” and his right to carry for self-defense under the Second Amendment.
In their Tuesday decision, the state’s high court cited two rulings on the Second Amendment by the U.S. Supreme Court, known as Bruen and Heller.
While both rulings were related to guns, The Boston Globe reports that the Supreme Court decisions have resulted in lower courts across the country needing to determine whether present-day laws prohibiting certain weapons would have existed when the Second Amendment was adopted in 1791.
In the Tuesday decision, Justice Serge Georges Jr. wrote that Americans carried small knives, including folding pocketknives, for self-defense, hunting, and trapping in the 17th and 18th centuries.
“Folding pocketknives not only fit within contemporaneous dictionary definitions of arms — which would encompass a broader category of knives that today includes switchblades — but they also were commonly possessed by lawabiding citizens for lawful purposes around the time of the founding,” he wrote. “Setting aside any question whether switchblades are in common use today for lawful purposes, we conclude switchblades are ‘arms’ for Second Amendment purposes. Therefore, the carrying of switchblades is presumptively protected by the plain text of the Second Amendment.”
A request for comment from the Suffolk County District Attorney’s office, which was prosecuting Canjura, was not immediately returned.
In a filing with the SJC, Suffolk District Attorney Kevin R. Hayden pointed to 19th century rulings in other states that listed Bowie knives, dirks, and brass knuckles as dangerous “to the peace and safety of citizens,” according to the Globe.
But in its decision, the SJC disagreed, arguing those mentions were focused on different kinds of bladed weapons, not specifically pocket knives or switchblades.
According to the SJC, Massachusetts was only one of seven states along with the District of Columbia with a full ban on switchblades. Two other states, like Massachusetts, have restrictions on knives based on the blade length.
“From these facts, we can reasonably infer that switchblades are weapons in common use today by law-abiding citizens for lawful purposes,” the decision reads.
According to the Globe, the SJC also cited Bruen last year when it overturned a conviction for illegal gun possession in a 2019 case.
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There is a heavy police presence in a section of Tewksbury, Massachusetts, on Wednesday afternoon due to what authorities are describing only as an “ongoing incident.”
“There is currently a heavy police presence on Salem Road due to an ongoing incident,” Tewksbury police said in a social media post just before 1 p.m. “Motorists are advised to avoid the area and seek alternate routes if possible. Please allow emergency personnel the space they need to respond safely and efficiently”
No further details were released. Police said they will provide updates as more information becomes available.
CHELMSFORD, MASS. (WHDH) – A wrong-way driver crashed into another vehicle on I-495 in Chelmsford Tuesday night, shutting down the soundbound lanes in that area, according to Massachusetts State Police and The Massachusetts Department of Transportation (MassDOT).
State police said Troopers from the Concord Barracks responded to a two-car crash on I-495 at the Hunt Road overpass shortly before 10 p.m. They said preliminary information indicates the crash happened as a result of a wrong-way driver striking a vehicle traveling in the correct direction.
Chelmsford Fire and EMS responded to the scene, and the driver was taken to the hospital by MedFlight. State police said they suffered life-threatening injuries.
MassDOT said the highway southbound is currently closed at exit 88 due to the crash, and is expected to remain closed for several hours.
Drivers are asked to seek alternate routes at this time.
This is a developing news story; stay with 7NEWS on-air and online for the latest details.
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Two people were seriously injured in a stabbing at the Cedar’s Mediterranean Foods manufacturing facility in Haverhill, Massachusetts, on Tuesday morning.
Haverhill police said they responded to the Cedar’s plan on Foundation Avenue around 10:30 a.m. for a report of a disturbance involving a weapon. When they arrived, they found two people suffering from apparent stab wounds.
Both people were provided with medical assistance on scene and taken to area hospitals with what police described as serious injuries. Their names have not been released, and no update on their conditions was immediately available.
Preliminary investigation determined that the two people knew each other, and police said there is no ongoing threat to the public. They said their investigation into the incident remains active.
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