The BladeForums.com 2024 Traditional Knife is ready to order! See this thread for details:
https://www.bladeforums.com/threads/bladeforums-2024-traditional-knife.2003187/
Price is $300 $250 ea (shipped within CONUS). If you live outside the US, I will contact you after your order for extra shipping charges.
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Roy Williams, Thompsons employer for five years, testified for Thompson.
Williams owns a company that does brick work and roofing. On the day of the incident, Thompson
was laying bricks in Huber Heights. According to Williams, Thompson needs something to cut the
bands on the brick to do his work. To cut through the thick piece of fiberglass around the bricks,
Williams testified that his workers use knives, carpet knives, anything with a sharp point.
Williams identified Thompsons knife as one of the tools he used * * * by the end of
it thats been bent from where he drove it down in the brick and pulled it back out. Williams agreed
that the knife was appropriate to accomplish the job. On cross-examination, Williams stated that
Thompson usually keeps the knife in his pocket. At the conclusion of Williamss testimony,
Thompson again renewed his Crim.R. 29 motion for acquittal, which the court overruled.
In determining whether knives, or other useful items, such as screw drivers,
hammers, ice picks, etc., are carried as weapons, a trial court may consider a variety of factors,
including the nature of the instrument itself, the circumstances under which it is carried, including
the time, place, situation in which the accused is found in possession, the manner in which it is
carried, the particular person carrying the item, and possibly other expository circumstances which,
of course, would necessarily include any peaceful uses which the possessor might have for carrying
the questionable instrument. Dayton v. Hickey (Sept. 25, 1981), Montgomery App. Nos. CA 7137
and CA 7175.
{¶ 18} As the Sears court also noted, There are thousands of varieties of knives in daily
use, not designed for use as weapons, even though they may obviously be so used. Were every knife
considered to be an instrument designed for use as a weapon, every workman, camper, hunter and
fisherman could be found guilty of a first degree misdemeanor on the whim of a law enforcement
officer. Mayfield Hts. v. Greenhoff (Nov. 14, 1985), Cuyahoga App. No.49741, quoting Sears.
Having thoroughly reviewed the record in a light most favorable to the prosecution,
we conclude that the evidence was such that no rational trier of fact could have found the essential
elements of carrying a concealed weapon proven beyond a reasonable doubt. Further, we conclude
that in resolving conflicts in the evidence, the trial court clearly lost its way, creating a manifest
miscarriage of justice such that the conviction must be reversed.
{¶ 20} Thompson was stopped on the basis of a disorderly-conduct complaint. He was not
cited for public intoxication, and the incident at issue did not occur during nighttime hours. While
his knife was undoubtedly capable of inflicting death, the state did not meet its burden, as Thompson
argued below, of producing evidence that the knife was either designed or specially adapted for use
as a deadly weapon, or was possessed, carried, or used for that purpose by Thompson. Williams,
Thompsons employer, attributed a peaceful use to the knife, and he identified Thompsons knife by
evidence of that use, namely a bend in the knife. Although the court was free to discount
Thompsons defense witness, that did not alleviate the states burden to show the knife was
possessed, carried, or used as weapon. Without evidence of the knifes special design or adaption for
use as a deadly weapon or evidence that Thompson possessed it, carried it, or used it for that
purpose, we conclude that the evidence was insufficient to meet the Sears test and that Thompsons
conviction is against the manifest weight of the evidence. Thompsons two assigned errors are
sustained.
{¶ 21} Accordingly, the judgment of the trial court is reversed.
= instrument, device, or thing capable of inflicting death, and designed or specially adapted for use as a weapon Whenever possible I try to include a serrated option for our small knives. Cold Steels serration pattern is designed specifically to grip and rip. Its also one of the few serrations on the market that you can snap cut with. Our serrations bite deep. If youve only got a small knife to save your life, serrations will be a blessing.
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Bump I would also like to know thins thanks!Anyone have any experience in Rhode Island? I don't have any autos and don't really care for them because my home is in Virginia where it is completely illegal to carry anything auto. I have seen the 3" rule for rhode island but that is for concealed. Do they consider the pocket clip sticking out to still be concealed? I like to carry my large sebenza which I believe is around 3.6."
I live in MD and agree with you! I ha e wondered though if carrying an auto knife with a pocket clip would be not considered concealed due to the clip being visible. I have asked several guys in MD but got a variety of answers.Maryland's just "ok" in my opinion. We can own all knives, and carry anything unconcealed. We can only conceal non-auto folders, but on the plus side there is no length limit by ruling of the highest court. So sometimes I carry a CS Rajah I (a 7" folding kukri) just because I can. Our guns laws are bloody awful though. We're one of barely a handful of states that aren't shall-issue with carry permits.
Yeah, pocket clips being concealed or unconcealed is untested waters in MD (and most other states), so there really is no right answer. Polk v Maryland established that if someone can tell the thing is a knife when looking at it, it's not concealed, but that was a fixed blade.I live in MD and agree with you! I ha e wondered though if carrying an auto knife with a pocket clip would be not considered concealed due to the clip being visible. I have asked several guys in MD but got a variety of answers.
I have read for hours and have come to the same conclusion you did. Wish the laws were clear cut and reasonable.Yeah, pocket clips being concealed or unconcealed is untested waters in MD (and most other states), so there really is no right answer. Polk v Maryland established that if someone can tell the thing is a knife when looking at it, it's not concealed, but that was a fixed blade.
OK when did this happen? What about blade length restrictions, any change there?Getting better in Colorado: Automatics and gravities will be legal after August 9 2017.
Zieg
Ok did some research, no change to the length restrictions, No longer than 3.5 inch blade concealed and no intent to use as a weapon.OK when did this happen? What about blade length restrictions, any change there?
So jealous!Getting better in Colorado: Automatics and gravities will be legal after August 9 2017.
Zieg