Commonwealth v. Perry
Commonwealth v. Perry
Opinion of the Court
Discussion. The defendant was carrying an “expandable baton”
The question is whether the evidence warranted a finding that the expandable baton was a blackjack within the meaning of the first portion of G. L. c. 269, § 10 (b). In construing the statute, we begin with the observation that “[a] general tenet of statutory construction is that the ‘statutory expression of one thing is an implied exclusion of other things omitted from the statute.’ ” Commonwealth v. Ronald R., 450 Mass. 262, 266 (2007), quoting Harborview Residents’ Comm., Inc. v. Quincy Hous. Auth., 368 Mass. 425, 432 (1975).
The statute identifies a number of specific weapons that are prohibited. In some instances, the name of the weapon is followed by language describing weapons similar to the identified weapon. Thus, for example, the statute identifies several specific types of knives, but then also refers to “any [other] knife” having certain characteristics. Similarly, the statute refers to “knuckles of any substance” that can be “put to the same use with the same or similar effect” as metallic knuckles; nunchaku, zoobow, “or any similar weapon” configured with two sticks connected by rope, chain, or wire; and shuriken or “any similar pointed starlike object intended to injure a person when thrown.” G. L. c. 269, § 10 (b).
Other weapons, however, such as a “blackjack,” are particularly named in the statute, without any accompanying reference to “similar weapons,” or those that can be put to the “same or similar” use or effect. While the second portion of § 10 (b) contains very broad, catch-all language (“or other dangerous weapon[s]”), the first portion of the subsection — the only part applicable to this defendant, see note 3, infra — does not. The first portion purports to proscribe only carrying certain dangerous weapons, but not others.
The evidence in this case is not sufficient to establish that the “expandable baton” carried by the defendant was a “blackjack” carried in violation of G. L. c. 269, § 10 (b). While the term “blackjack” is not defined in G. L. c. 269, § 10 (b), the Commonwealth’s witness testified that the weapon seized from the defendant was not a blackjack.
Judgment reversed.
According to the detective’s testimony, the expandable baton was “metal, approximately eight to ten inches long, and if you — you can expand it by — . . . flicking your wrist and having the tipped end of it come out of the handle.”
There is no dispute that the second provision of the statute does not apply. That provision applies only when a defendant is arrested on a warrant, or is arrested “while committing a breach or disturbance of the public peace.” G. L. c. 269, § 10 (&).
The Legislature has amended G. L. c. 269, § 10 (b), to include additional weapons a number of times. For example, the statute was amended in 1982 to include armbands, in 1985 to include blowguns, and in 1986 to include ballistics knives. See St. 1982, c. 254; St. 1985, c. 349; St. 1986, c. 581, § 1. The term “blackjack” has never been amended or modified since it was inserted. See St. 1957, c. 688, § 23.
Reference
- Full Case Name
- Commonwealth v. Ami H. Perry
- Cited By
- 4 cases
- Status
- Published