RI Switchblade Law?

R

RIFirefighter

Joined
Mar 18, 2014
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15
First post here, did a little searching but came up with nothing, so I figured I would ask.

I am a firefighter in Rhode Island, and thinking about getting an auto knife. Now because of the fact that I am a FF, I know that I am permitted to own an auto as per federal law; I read through RI law as well as got a few interpretations, and my understanding is that I can carry one in RI. Heres where I am confused though: Under RI law it is illegal to conceal a knife that is over 3" be it manual or auto-- anything under 3" is okay as long as its not a dirk, dagger, or otherwise offensive weapon. Am I interpreting this right?

Also under RI law, you can open carry any length. Again if I am reading this right.

However what distinguishes Open Carry from Concealed? Is clipped to your pocket open or concealed-- I mean you can see the clip and possibly the top of the knife. Or does it have to be in a belt-holster?

I mean I realize that on duty nobody is likely to give me strife, but I am a volunteer too so most of the time I am in 'plain clothes' when I respond.

I know someone will say: 'well what do you need a knife for, shears or an axe work better/safer'... Slashing the tires makes an MVA more stable, and its more convenient to jam a knife in.. and if the car is on fire, its quicker to cut the seat belt with a knife than to fiddle with shears...


Thanks
 
What Federal Law are you quote that has an exception for Fire Fighters? It does not exist! The federal law for ANYONE in regards to possession is very limited as to where it makes possession illegal, but no where in it is there an exception for firemen. Just hate miss info being posted....
 
tom19176 said:
What Federal Law are you quote that has an exception for Fire Fighters? It does not exist! The federal law for ANYONE in regards to possession is very limited as to where it makes possession illegal, but no where in it is there an exception for firemen. Just hate miss info being posted....
Click to expand...

Multiple online mentions by people who know more than me, and the fact that companies like benchmade and gerber will sell them to us.They certainly aren't gonna break the law.
 
i believe its for on duty use and authorized by your superiors that its allowed.off duty you follow the same laws as the rest of us.
 
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RI covers knives under 11-47-42 and 11-47-43 of the state law.

No part of the law appears to single out switchblades as special in any way. They are never mentioned nor described. Rather, other criteria are used to determine legality.

It's illegal to carry a dirk, dagger, stiletto, bowie knife or "similar weapon designed to cut and stab another" with intent to use unlawfully. Technically by the letter of the law this means that carry with lawful intentions, such as rescuing people, is not illegal. However in states with similar language, police have been known to presume unlawful intent until the court system says otherwise. This is not certain though, so it be wise to gauge the opinion of your local police.

You are correct in that any knife with a blade more than 3" is illegal to conceal, but not illegal to carry openly. Open carry means the knife is plainly recognizable to others as a knife. Clipped inside a pocket with the clip showing is concealed, because most people will not recognize that it's a knife. The mere fact that an officer spotted a weapon does not invalidate that it's concealed, because courts have previously ruled that cops have "special training" to spot concealed weapons.

Please note that if you have switchblade with a blade under 3", it;s not a problem because, again, switchblades are not "special" in any way under state law. They are treated like any other folder.

Lastly, you're interpretation and/or information about federal law appears to be misleading. No part of the federal law prohibits possession by anyone except in non-state territories like Guam. Anyone in the 50 states can possess a switchblade, firefighter or not, so long as there is no state law against it. It is, however, illegal for any business outside the state of RI to sell one to you, as there is no exception to the sale restriction for FF.
 
glistam said:
RI covers knives under 11-47-42 and 11-47-43 of the state law.

No part of the law appears to single out switchblades as special in any way. They are never mentioned nor described. Rather, other criteria are used to determine legality.

It's illegal to carry a dirk, dagger, stiletto, bowie knife or "similar weapon designed to cut and stab another" with intent to use unlawfully. Technically by the letter of the law this means that carry with lawful intentions, such as rescuing people, is not illegal. However in states with similar language, police have been known to presume unlawful intent until the court system says otherwise. This is not certain though, so it be wise to gauge the opinion of your local police.

You are correct in that any knife with a blade more than 3" is illegal to conceal, but not illegal to carry openly. Open carry means the knife is plainly recognizable to others as a knife. Clipped inside a pocket with the clip showing is concealed, because most people will not recognize that it's a knife. The mere fact that an officer spotted a weapon does not invalidate that it's concealed, because courts have previously ruled that cops have "special training" to spot concealed weapons.

Please note that if you have switchblade with a blade under 3", it;s not a problem because, again, switchblades are not "special" in any way under state law. They are treated like any other folder.

Lastly, you're interpretation and/or information about federal law appears to be misleading. No part of the federal law prohibits possession by anyone except in non-state territories like Guam. Anyone in the 50 states can possess a switchblade, firefighter or not, so long as there is no state law against it. It is, however, illegal for any business outside the state of RI to sell one to you, as there is no exception to the sale restriction for FF.
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Thanks.

How exactly does one carry a knife 'openly'? Looking for examples.

You're right about the misleading part, sorry-- the federal gov is notorious for stopping things simply by outlawing the interstate sale.

Question/disagreement about that though, perhaps you could clarify: If there is no exemption, then why is it that companies like Benchmade and Gerber can sell autos only to the PS community-- firefighters, police, military? And they require an ID saying you're such...
--Not trying to split hairs, but rather understand why this is.
 
The makers DO NOT sell directly. If you sent a Benchmade back to them for repair, they will only send it back to an authorized dealer. The law does not allow for them to send it to a person directly even if they are a LEO or Military. What you are seeing is Dealers taking a chance by BREAKING THE LAW and saying if you have an ID they will selling it to you, and they fell they can defend themselves by saying they were following the law as they read it. Thia law is so rarely enforced that many break it felling there is little risk, but it is still illegal. Look at all the states allowing Pot to be sold in violation of the present federal law.....

Here is the law...Read it and you will see the real wording. ( remember states are not possessions).

http://www.knife-expert.com/fedswitch.txt
 
tom19176 said:
The makers DO NOT sell directly. If you sent a Benchmade back to them for repair, they will only send it back to an authorized dealer. The law does not allow for them to send it to a person directly even if they are a LEO or Military. What you are seeing is Dealers taking a chance by BREAKING THE LAW and saying if you have an ID they will selling it to you, and they fell they can defend themselves by saying they were following the law as they read it. Thia law is so rarely enforced that many break it felling there is little risk, but it is still illegal. Look at all the states allowing Pot to be sold in violation of the present federal law.....

Here is the law...Read it and you will see the real wording. ( remember states are not possessions).

http://www.knife-expert.com/fedswitch.txt
Click to expand...


This whole dealer vs maker thing is confusing! If I go onto Benchmade's site, I put in my public safety login, then I go to auto knives, say for example the mini-entourage, I hit add to cart, then go through all the checkout stuff, you're saying that it's not actually benchmade that is selling it? And they will ship it, just not by USPS for obvious reasons...

Or are you saying that this is just not quite above board, but the company saying 'screw you gov'?
 
They would never ship it before, so unless they changed their rules...The LAW is the same since the 1950s.....
 
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