state v. ronnie a. malloy

[dangerouscold]

I stumbled across this appeal document while researching Wisconsin knife law.
Basically, a buck 110 clone in a leather belt sheath is a "concealed dagger like weapon with a razor-sharp tip".

http://www.wisbar.org/res/capp/2005p/2004ap002003.pdf

I like that the court allowed the testimony of how sharp the knife was, as that makes it obviously more deadly. I understand that this gentleman also committed a crime, but when addressing something unrelated to the crime (he announced to officers on the scene he had the knife), a court of law should treat the weapon charge separately. Its obvious that the court treated him like a criminal about the weapon charge, it would have been a different story if he had been 60 years old, stopped for speeding with a fishing pole and tackle box in his truck.

Discuss...

DC

 

[A_Blade_Afficionado]

"Designed as a weapon" "Can be used to inflict bodily harm" Does that make the fists of a martial artist a weapon?
I'm curious how it would have turned out if he hadn't committed a crime and the LEO just saw the knife on his belt at another point in time aside from this ordeal. Was the guy given weapon charges because of his past and the assumption he's using it as a weapon or because they honestly believe that lockback in a sheath is a serious issue? If he was an 80 year old man with no criminal history would he have been charged that way for weapon laws?

 

[CQC86]

Really? It was a pocket knife in a leather case. Not the ideal set up when using a blade as a weapon. This proves how stupid and ignorant our society has become. Ok then, is carrying a protractor illegal too? People can use that as a deadly weapon. I guess the argument can be made that a protractor was designed for geometry and that a knife is designed to cut therefore making it a weapon. However, that would mean that every knife is a weapon.

 

[tom19176]

WOW!! All of a sudden NYC seems to be knife friendly! That is one of the worse weapons possession cases I have read. The part that makes it even worse is the State Appleate court upheld the ruling making it case law in the state!!!! I won't be going there anytime soon.....

 

[artmichalek]

Something is missing here. If the knife was a Buck 110 or likewise, he should have been able to produce marketing or packaging material that presents the knife as a hunting/utility tool to counter the "designed as a weapon" argument. It's not surprising that the jury rejected the argument, since an unsubstantiated claim about what you use something for does not have anything to do with the intention of its design. Also, the appeal did not bring into question the phrase, "manner it is used or intended to be used", which along with the disorderly conduct charge suggests that there's no strong reason to believe that he did not threaten to stab someone. So, it's hard to say if the weapon charge was in fact unrelated.

As an aside, the document does not conclusively point toward the knife being a 110 or something more "tactical". It does, however, say that a folding knife with a total length of 6-8" can have somehow have a 4" blade. :foot:

 

[tom19176]

There are pictures of the knife attached. It is a 110 knock off. When ever you read the charge of Disorderly Conduct never assume the person did anything wrong ( other than not showing total respect). If he used the knife in a threaten way it would have been meancing, assault with a deadly weapon, but dis con is a "opps we have to charge this guy with something" charge....I spent many years as a LEO....