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Posted: 9/21/2016 8:26:57 PM EDT
I know there is a 3 inch limit on concealed knife carry in RI from handle to tip. It seems like open carry has no restrictions less double edge dagger or other banned weapon. So is it OK to carry a 5 inch fixed blades on your belt as long as it's not being covered by a shirt etc? Of course with no intent to use it as a weapon but as a tool etc.
Link Posted: 9/22/2016 9:10:22 PM EDT
So just like Hillary if you have no intent you are cool. You can open carry any blade length for lawful purposes.



§ 11-47-42 Weapons other than firearms prohibited. – (a)(1) No person shall carry or possess or attempt to use against another any instrument or weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons.

(2) No person shall with intent to use unlawfully against another, carry or possess a crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to cut and stab another.

Link Posted: 10/8/2016 1:53:23 PM EDT
(3) No person shall wear or carry concealed upon his person, any of the above-mentioned instruments or weapons, or any razor, or knife of any description having a blade of more than three (3) inches in length measuring from the end of the handle where the blade is attached to the end of the blade, or other weapon of like kind or description.
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"No person shall wear"

Any knife carried with a blade of more than 3 inches is considered illegal. Openly or concealed.

(don't shoot the messenger....I didn't write the statute)
Link Posted: 10/11/2016 8:56:57 AM EDT
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Originally Posted By Justice23:


"No person shall wear"

Any knife carried with a blade of more than 3 inches is considered illegal. Openly or concealed.

(don't shoot the messenger....I didn't write the statute)
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Originally Posted By Justice23:
(3) No person shall wear or carry concealed upon his person,any of the above-mentioned instruments or weapons, or any razor, or knife ofany description having a blade of more than three (3) inches in lengthmeasuring from the end of the handle where the blade is attached to the end ofthe blade, or other weapon of like kind or description.


"No person shall wear"

Any knife carried with a blade of more than 3 inches is considered illegal. Openly or concealed.

(don't shoot the messenger....I didn't write the statute)
"Wear or carry CONCEALED ..."


Aside from the exceptions - "blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons" ..
I take this as anything is legal to open carry - as long as you don't intend to use it against someone , and then it can't be "a crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to cut and stab another" - otherwise you can kill someone with a steak knife , just not the previous ... and anything concealed needs to be less than 3" blade length - auto / manual folder or fixed blade.




§ 11-47-42 (a)(1) No person shall carry or possess or attempt to use against another any instrument or weapon of the kind commonly known as a blackjack, slingshot, billy, sandclub, sandbag, metal knuckles, slap glove, bludgeon, stun-gun, or the so called "Kung-Fu" weapons.

(2) No person shall with intent to use unlawfully against another, carry or possess a crossbow, dagger, dirk, stiletto, sword-in-cane, bowie knife, or other similar weapon designed to cut and stab another.

(3) No person shall wear or carry concealed upon his person, any of the above-mentioned instruments or weapons, or any razor, or knife of any description having a blade of more than three (3) inches in length measuring from the end of the handle where the blade is attached to the end of the blade, or other weapon of like kind or description.

Link Posted: 10/13/2016 7:40:34 AM EDT
We (I work as a LEO in a large agency in the Providence metro area) arrest people for knives over 3 inches open carried frequently, but it is a gray area as far as the RI Supreme court is concerned.

Under State V. Conrad Johnson https://www.courtlistener.com/opinion/1532595/state-v-johnson/
the RI Supreme court held that "The purpose of that provision is to protect the public from the peril of the enumerated instruments or weapons when they are concealed about the person. The Legislature under its constitutional power can in the interest of public safety and welfare enact such legislation".

Under US V Severns https://casetext.com/case/united-states-v-severns-1#idm140620768157952 it was the Governments position that "the statute bars both the wearing and the concealed carrying of such a large knife." The judge went on to state "


The Rhode Island Supreme Court does not appear to have resolved this statutory section's interpretation, but this Court declines to weigh in because whether the knife had to be concealed is irrelevant to this Court's decision here. The United State Supreme Court in Heien v. North Carolina held that even if the police mistakenly determined that certain conduct violated a statute, as long as the officers' view of the statute was not unreasonable, the seizure was not unlawful under the Fourth Amendment. 135 S.Ct 530, 536-40 (2014). The Court finds that the search and arrest was valid because, even if the troopers were mistaken about what kind of conduct the statute covered, their interpretation of the statute was not unreasonable, especially in light of the dearth of case law discussing the specific interpretation of the statute at issue here. Furthermore, any mistake resulting from that interpretation was also reasonable under the circumstances.
Mr. Severns cites the case of State v. Johnson, 414 A.2d 477, 480 (R.I. 1980) for the proposition that the statute only prohibits carrying a concealed knife. This Court does not read the Rhode Island Supreme Court in Johnson to have definitively made such a determination. --------

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The Rhode Island State Police troopers acted properly when they stopped the car that Mr. Severns was driving in excess of the speed limit, ordered him out of the car, patted him down, and searched the car after the pat down revealed a large knife that the troopers knew or reasonably believed he carried in violation of state law. His arrest was lawful and the search and seizure did not violate the Fourth Amendment. Mr. Severns' Motion to Suppress (ECF No. 18) is DENIED. "




The arrest of these guys began after they were arrested for open carrying knives greater than 3 inches. That search based upon the arrest for the knives led to the guns/drugs etc http://warwickpost.com/troopers-arrest-four-motorcycle-gang-members-for-firearms-drug-possession/

This guy gives a good synopsis of the law.
http://therhodeislandcriminaldefenselawyer.com/possession-of-a-weapon/


So my advice is to not carry a knife greater than three inches open or concealed.....unless you want to be the test case for the RI Supreme court. 99% of the time you will be fine as long as you aren't acting like an asshole or run across a cop with something to prove.

The Statute is clear when it says "Wear or carry concealed". If the Legislature only wished to prohibit concealed carry then they would have stated it is unalwful to carry concealed....but the put "Wear or carry concealed". It is pretty clear.


Link Posted: 10/13/2016 8:45:34 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Justice23:
We (I work as a LEO in a large agency in the Providence metro area) arrest people for knives over 3 inches open carried frequently, but it is a gray area as far as the RI Supreme court is concerned.

Under State V. Conrad Johnson https://www.courtlistener.com/opinion/1532595/state-v-johnson/
the RI Supreme court held that "The purpose of that provision is to protect the public from the peril of the enumerated instruments or weapons when they are concealed about the person. The Legislature under its constitutional power can in the interest of public safety and welfare enact such legislation".

Under US V Severns https://casetext.com/case/united-states-v-severns-1#idm140620768157952 it was the Governments position that "the statute bars both the wearing and the concealed carrying of such a large knife." The judge went on to state " The Rhode Island State Police troopers acted properly when they stopped the car that Mr. Severns was driving in excess of the speed limit, ordered him out of the car, patted him down, and searched the car after the pat down revealed a large knife that the troopers knew or reasonably believed he carried in violation of state law. His arrest was lawful and the search and seizure did not violate the Fourth Amendment. Mr. Severns' Motion to Suppress (ECF No. 18) is DENIED. "
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Originally Posted By Justice23:
We (I work as a LEO in a large agency in the Providence metro area) arrest people for knives over 3 inches open carried frequently, but it is a gray area as far as the RI Supreme court is concerned.

Under State V. Conrad Johnson https://www.courtlistener.com/opinion/1532595/state-v-johnson/
the RI Supreme court held that "The purpose of that provision is to protect the public from the peril of the enumerated instruments or weapons when they are concealed about the person. The Legislature under its constitutional power can in the interest of public safety and welfare enact such legislation".

Under US V Severns https://casetext.com/case/united-states-v-severns-1#idm140620768157952 it was the Governments position that "the statute bars both the wearing and the concealed carrying of such a large knife." The judge went on to state "


The Rhode Island Supreme Court does not appear to have resolved this statutory section's interpretation, but this Court declines to weigh in because whether the knife had to be concealed is irrelevant to this Court's decision here. The United State Supreme Court in Heien v. North Carolina held that even if the police mistakenly determined that certain conduct violated a statute, as long as the officers' view of the statute was not unreasonable, the seizure was not unlawful under the Fourth Amendment. 135 S.Ct 530, 536-40 (2014). The Court finds that the search and arrest was valid because, even if the troopers were mistaken about what kind of conduct the statute covered, their interpretation of the statute was not unreasonable, especially in light of the dearth of case law discussing the specific interpretation of the statute at issue here. Furthermore, any mistake resulting from that interpretation was also reasonable under the circumstances.
Mr. Severns cites the case of State v. Johnson, 414 A.2d 477, 480 (R.I. 1980) for the proposition that the statute only prohibits carrying a concealed knife. This Court does not read the Rhode Island Supreme Court in Johnson to have definitively made such a determination. --------


The Rhode Island State Police troopers acted properly when they stopped the car that Mr. Severns was driving in excess of the speed limit, ordered him out of the car, patted him down, and searched the car after the pat down revealed a large knife that the troopers knew or reasonably believed he carried in violation of state law. His arrest was lawful and the search and seizure did not violate the Fourth Amendment. Mr. Severns' Motion to Suppress (ECF No. 18) is DENIED. "




The arrest of these guys began after they were arrested for open carrying knives greater than 3 inches. That search based upon the arrest for the knives led to the guns/drugs etc http://warwickpost.com/troopers-arrest-four-motorcycle-gang-members-for-firearms-drug-possession/

This guy gives a good synopsis of the law.
http://therhodeislandcriminaldefenselawyer.com/possession-of-a-weapon/


So my advice is to not carry a knife greater than three inches open or concealed.....unless you want to be the test case for the RI Supreme court. 99% of the time you will be fine as long as you aren't acting like an asshole or run across a cop with something to prove.

The Statute is clear when it says "Wear or carry concealed". If the Legislature only wished to prohibit concealed carry then they would have stated it is unalwful to carry concealed....but the put "Wear or carry concealed". It is pretty clear.


So are you saying that you regularly see people open carrying knives more than 3" , not doing anything wrong or suspect of the same , and arrest them for the knife ? Or they are found to have the knife after they did , or are suspect , of doing something wrong that would involve the use of the knife ?
Link Posted: 10/13/2016 8:49:42 AM EDT
Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Justice23:
We (I work as a LEO in a large agency in the Providence metro area) arrest people for knives over 3 inches open carried frequently, but it is a gray area as far as the RI Supreme court is concerned.

Under State V. Conrad Johnson https://www.courtlistener.com/opinion/1532595/state-v-johnson/
the RI Supreme court held that "The purpose of that provision is to protect the public from the peril of the enumerated instruments or weapons when they are concealed about the person. The Legislature under its constitutional power can in the interest of public safety and welfare enact such legislation".

Under US V Severns https://casetext.com/case/united-states-v-severns-1#idm140620768157952 it was the Governments position that "the statute bars both the wearing and the concealed carrying of such a large knife." The judge went on to state " The Rhode Island State Police troopers acted properly when they stopped the car that Mr. Severns was driving in excess of the speed limit, ordered him out of the car, patted him down, and searched the car after the pat down revealed a large knife that the troopers knew or reasonably believed he carried in violation of state law. His arrest was lawful and the search and seizure did not violate the Fourth Amendment. Mr. Severns' Motion to Suppress (ECF No. 18) is DENIED. "
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Discussion ForumsJump to Quoted PostQuote History
Originally Posted By Justice23:
We (I work as a LEO in a large agency in the Providence metro area) arrest people for knives over 3 inches open carried frequently, but it is a gray area as far as the RI Supreme court is concerned.

Under State V. Conrad Johnson https://www.courtlistener.com/opinion/1532595/state-v-johnson/
the RI Supreme court held that "The purpose of that provision is to protect the public from the peril of the enumerated instruments or weapons when they are concealed about the person. The Legislature under its constitutional power can in the interest of public safety and welfare enact such legislation".

Under US V Severns https://casetext.com/case/united-states-v-severns-1#idm140620768157952 it was the Governments position that "the statute bars both the wearing and the concealed carrying of such a large knife." The judge went on to state "


The Rhode Island Supreme Court does not appear to have resolved this statutory section's interpretation, but this Court declines to weigh in because whether the knife had to be concealed is irrelevant to this Court's decision here. The United State Supreme Court in Heien v. North Carolina held that even if the police mistakenly determined that certain conduct violated a statute, as long as the officers' view of the statute was not unreasonable, the seizure was not unlawful under the Fourth Amendment. 135 S.Ct 530, 536-40 (2014). The Court finds that the search and arrest was valid because, even if the troopers were mistaken about what kind of conduct the statute covered, their interpretation of the statute was not unreasonable, especially in light of the dearth of case law discussing the specific interpretation of the statute at issue here. Furthermore, any mistake resulting from that interpretation was also reasonable under the circumstances.
Mr. Severns cites the case of State v. Johnson, 414 A.2d 477, 480 (R.I. 1980) for the proposition that the statute only prohibits carrying a concealed knife. This Court does not read the Rhode Island Supreme Court in Johnson to have definitively made such a determination. --------


The Rhode Island State Police troopers acted properly when they stopped the car that Mr. Severns was driving in excess of the speed limit, ordered him out of the car, patted him down, and searched the car after the pat down revealed a large knife that the troopers knew or reasonably believed he carried in violation of state law. His arrest was lawful and the search and seizure did not violate the Fourth Amendment. Mr. Severns' Motion to Suppress (ECF No. 18) is DENIED. "




The arrest of these guys began after they were arrested for open carrying knives greater than 3 inches. That search based upon the arrest for the knives led to the guns/drugs etc http://warwickpost.com/troopers-arrest-four-motorcycle-gang-members-for-firearms-drug-possession/

This guy gives a good synopsis of the law.
http://therhodeislandcriminaldefenselawyer.com/possession-of-a-weapon/


So my advice is to not carry a knife greater than three inches open or concealed.....unless you want to be the test case for the RI Supreme court. 99% of the time you will be fine as long as you aren't acting like an asshole or run across a cop with something to prove.

The Statute is clear when it says "Wear or carry concealed". If the Legislature only wished to prohibit concealed carry then they would have stated it is unalwful to carry concealed....but the put "Wear or carry concealed". It is pretty clear.


I still think I take the term "Wear or carry concealed" as referring to a concealed knife - my thought is that is were to mean open or concealed it would need to be worded differently ...
Link Posted: 10/14/2016 11:07:29 AM EDT

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Originally Posted By DieselII:So are you saying that you regularly see people open carrying knives more than 3" , not doing anything wrong or suspect of the same , and arrest them for the knife ? Or they are found to have the knife after they did , or are suspect , of doing something wrong that would involve the use of the knife ?

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Originally Posted By DieselII:So are you saying that you regularly see people open carrying knives more than 3" , not doing anything wrong or suspect of the same , and arrest them for the knife ? Or they are found to have the knife after they did , or are suspect , of doing something wrong that would involve the use of the knife ?


I already told you 99% of the time you would probably be fine. Unless a cop is looking to arrest you, or you run across "that guy".

Originally Posted By DieselII:I still think I take the term "Wear or carry concealed" as referring to a concealed knife - my thought is that is were to mean open or concealed it would need to be worded differently ...
Take it however you want. I showed you that although it is a grey area that courts have ruled it was a lawful arrest, and evidence should not be suppressed, based upon an openly carried knife. When judges interpret statutes they look at the plain language the statute provides. In my experience "Wear or carry concealed" are two separate things.

My legal advice is worth what you paid for it.
Link Posted: 10/15/2016 10:17:18 PM EDT
Link Posted: 10/18/2016 7:03:28 AM EDT
After wearing an esee 3 everyday for a decade I've only received one comment from a cop, who I knew and she was just giving me a hard time.
Link Posted: 10/22/2016 5:54:23 PM EDT
Link Posted: 10/25/2016 8:42:34 PM EDT
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Originally Posted By TimJ:
He's a good guy and the type of person you want as an LEO in your town.
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High praise my friend.

Thanks
Link Posted: 10/25/2016 8:44:05 PM EDT
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Originally Posted By TCBA_Joe:
So the Griptillian 551 Griptillian (3.2") I've been carrying here for the past 2 months is illegal? Awesome

And here I thought I was being responsible by not carrying my Benchmade AFOII Auto here.

Any carve-outs for mil/first-responders by chance?
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99% of the time you will be fine.

Keep it in your pants and act like a normal civilized human and nobody will fuck with you.
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