Commonwealth v. Wynton
459 Mass. 745 (2011)
Supreme Judicial Court
May 19, 2011
Juvenile, Possession of a Dangerous Weapon on School Grounds, Question of Law
Juvenile charged with possessing a dangerous weapon on school grounds filed a motion to dismiss. The Juvenile Court reported a question of law to the Appeals Court, and the Commonwealth filed an application for direct appellate review. The Supreme Judicial Court (SJC) found that the phrase “dangerous weapon,” as used in G.L. c. 269, § 10(j), incorporates the common-law definition of that phrase.
Facts
On April 1, 2009, a juvenile student at a high school brought a small folding knife with a two-inch blade to school. The knife fell out of the juvenile’s pocket during class, and the juvenile was suspended from school and charged with possession of a dangerous weapon on the grounds of a school in violation of G.L. c. 269, § 10(j).
The juvenile filed a motion to dismiss, claiming the knife was not a dangerous weapon. The juvenile judge determined the question of law in this case was dispositive, and both parties moved to report to the Appeals Court. The SJC granted the application for review from the Commonwealth.
Issue 1: What is a “dangerous weapon” under the meaning of the statute?
The applicable statute for the charge of possession of a dangerous weapon on the grounds of a school is G.L. c. 269, §10. The term “dangerous weapon” is not defined in section ten, in the remainder of G.L. c. 269, or in the General Laws. Because the ordinary language of the statute did not provide a definition of the term, the SJC consulted the common law. Under the common law, “dangerous weapon” means both an object that is dangerous per se - “designed for the purpose of bodily assault or defense” Commonwealth v. Appleby, 380 Mass. 296, 303 (1980) - and an object that is dangerous as used - “dangerous because they are ‘used in a dangerous fashion.’” Commonwealth v. Tevlin, 433 Mass. 305, 310 (2001). The SJC presumed that the Legislature’s intent in drafting § 10 was to adopt the common law definition, and that “dangerous weapon” included both objects that are dangerous per se and as used. Because knives that are designed to produce great bodily harm are dangerous per se under the common law, under § 10 they are prohibited on school grounds.
Issue 2: Is the knife in question a “dangerous weapon” under the meaning of the statute?
The SJC speculated that it was unlikely a two-inch folding knife is a dangerous weapon under the meaning of the statute, but they made no holding because they were without complete information, and instead remanded to the Juvenile Court.
Remanded to the Juvenile Court
Prepared by JC
