Posted: 9/22/2012 5:21:37 AM EDT
| For NYS, is there any issues with carrying a small fixed blade neck knife or similar? |
| NY state despite what some people will tell you has NO law regarding blade length. NY city is a whole different game. The only limitations for carry in the state are no auto openers, gravity knives and there is some question if butterfly knives are legal or not. Apparently in the last couple years in the city/long island region some overzealous prosecutor has been claiming any one handed opening knife falls in the same category as autos, but there is no similar issue elsewhere in the state. |
Interesting timing on this topic. This past week I found a Rostfrei Barracuda knife in the street in Farmingdale, NY. The handle is a bit banged up but the blade is fine. Looks like the picture below. I was intrigued to note that I can open it by simply flicking my wrist (it is damn sharp). Obviously it will not be visiting NYC: |
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Quoted: I was intrigued to note that I can open it by simply flicking my wrist (it is damn sharp). Obviously it will not be visiting NYC: In NYC they were holding the blade and using the weight of the handle to flick open and lock the blade into place. Using this criteria any locking blade knife including Leatherman Wave and other locking blade multi-tools are illegal gravity knives in NYC. |
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I was intrigued to note that I can open it by simply flicking my wrist (it is damn sharp). Obviously it will not be visiting NYC: In NYC they were holding the blade and using the weight of the handle to flick open and lock the blade into place. Using this criteria any locking blade knife including Leatherman Wave and other locking blade multi-tools are illegal gravity knives in NYC. i got mine confiscated that way... i used a folder to cut up boxes for work, finished working 10pm, friends said lets get some vendor food. i said ok and went forgetting that the knife was clipped on my pocket. we finished eating and were just hanging around BS'ing, i had my hands around my head to stretch out my back a little, apparently it lifted my shirt enough to expose the clip and i got called aside. i explained that i just got out of 12hour shift cutting boxes at my job outside of nyc and forgot it was on me, it really looked like the cop just wanted it, so he gave me the "i could arrest you, you know, but ill just take this and give you a warning" line. i wasnt up to arguing so i just gave up the knife |
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Can anyone explain what exactly a gravity knife is. I have had knives with only a 2" blade confiscated because they were supposedly gravity knives. according to 265, a gravity knife is one that locks the blade in place using centripetal force or gravity. |
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State law says: No limit on length No restrictions on fixed or folder No "dagger, dirk, or dangerous knife", loosely interpreted as no double edges. Concealed or open carry is legal, but outside of rural areas it is extremely rare to see anything but a buck 110 on someone's belt. Check the local listings - I am unaware of any local ordinances outside of NYC. S 265.01 Criminal possession of a weapon in the fourth degree. A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star"; or (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another (and....) The possession by any person of any dagger, dirk, stiletto, dangerous knife or any other weapon, instrument, appliance or substance designed, made or adapted for use primarily as a weapon, is presumptive evidence of intent to use the same unlawfully against another.
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NY state despite what some people will tell you has NO law regarding blade length. NY city is a whole different game. The only limitations for carry in the state are no auto openers, gravity knives and there is some question if butterfly knives are legal or not. Apparently in the last couple years in the city/long island region some overzealous prosecutor has been claiming any one handed opening knife falls in the same category as autos, but there is no similar issue elsewhere in the state.  Thats odd, because there is case law in the state of NY that directly rules Butterfly knives to be legal. See Mott vs NY 1987
http://www.titleii.com/bardwell/people_v_mott.txt |
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Quoted: No "dagger, dirk, or dangerous knife", loosely interpreted as no double edges. Daggers, dirks etc. are per se weapons as defined in the PL. You need to research the case law as to what a "dangerous knife" is. Matter of Jamie D., 59 NY2d 589 (1983). Whether a "knife" is a "dangerous" knife may be determined on the basis of three alternative considerations: one, its own characteristics which show that it is primarily intended for use as a weapon; second, a modification, which converts what would otherwise be a utensil into a weapon; and third, the circumstances of the possession which may reveal that the possessor considers it a weapon and not a utilitarian tool. http://decisions.courts.state.ny.us/ad3/Decisions/2007/100065.pdf Defendant's argument that his conviction for criminal possession of a weapon is not supported by legally sufficient evidence is dependent on acceptance of his argument that his knife was not a "dangerous knife" within the meaning of the statute (see Penal Law § 265.01 [2]). However, a knife "may be considered a 'dangerous knife' within the meaning of Penal Law § 265.01 (2) when the circumstances of its possession, including the behavior of its possessor, demonstrate that the possessor himself considered it a weapon, even if the knife might not otherwise be defined as a 'dangerous knife' by reason of its inherent characteristics" (Matter of Sean R., 33 AD3d 925, 926 [2006]; see Matter of Jamie D., 59 NY2d 589, 591 [1983]). Moreover, defendant's mere possession of the knife, while displaying it in an effort to instill fear, was itself presumptive evidence of his intent to use it unlawfully (see Matter of Sean R., supra at 926; Matter of Jesse QQ., 243 AD2d 788, 789 [1997], lv denied 91 NY2d 804 [1997]). The testimony of the male victim that defendant gave him the choice of leaving or being killed, while he stood over him with the knife in his hand, amply supports the jury's determination. |
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No "dagger, dirk, or dangerous knife", loosely interpreted as no double edges.
Daggers, dirks etc. are per se weapons as defined in the PL. You need to research the case law as to what a "dangerous knife" is. Matter of Jamie D., 59 NY2d 589 (1983). Whether a "knife" is a "dangerous" knife may be determined on the basis of three alternative considerations: one, its own characteristics which show that it is primarily intended for use as a weapon; second, a modification, which converts what would otherwise be a utensil into a weapon; and third, the circumstances of the possession which may reveal that the possessor considers it a weapon and not a utilitarian tool. http://decisions.courts.state.ny.us/ad3/Decisions/2007/100065.pdf Defendant's argument that his conviction for criminal possession of a weapon is not supported by legally sufficient evidence is dependent on acceptance of his argument that his knife was not a "dangerous knife" within the meaning of the statute (see Penal Law § 265.01 [2]). However, a knife "may be considered a 'dangerous knife' within the meaning of Penal Law § 265.01 (2) when the circumstances of its possession, including the behavior of its possessor, demonstrate that the possessor himself considered it a weapon, even if the knife might not otherwise be defined as a 'dangerous knife' by reason of its inherent characteristics" (Matter of Sean R., 33 AD3d 925, 926 [2006]; see Matter of Jamie D., 59 NY2d 589, 591 [1983]). Moreover, defendant's mere possession of the knife, while displaying it in an effort to instill fear, was itself presumptive evidence of his intent to use it unlawfully (see Matter of Sean R., supra at 926; Matter of Jesse QQ., 243 AD2d 788, 789 [1997], lv denied 91 NY2d 804 [1997]). The testimony of the male victim that defendant gave him the choice of leaving or being killed, while he stood over him with the knife in his hand, amply supports the jury's determination. Making something like this a hard sell.... 
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No "dagger, dirk, or dangerous knife", loosely interpreted as no double edges.
Daggers, dirks etc. are per se weapons as defined in the PL. You need to research the case law as to what a "dangerous knife" is. Matter of Jamie D., 59 NY2d 589 (1983). Whether a "knife" is a "dangerous" knife may be determined on the basis of three alternative considerations: one, its own characteristics which show that it is primarily intended for use as a weapon; second, a modification, which converts what would otherwise be a utensil into a weapon; and third, the circumstances of the possession which may reveal that the possessor considers it a weapon and not a utilitarian tool. http://decisions.courts.state.ny.us/ad3/Decisions/2007/100065.pdf Defendant's argument that his conviction for criminal possession of a weapon is not supported by legally sufficient evidence is dependent on acceptance of his argument that his knife was not a "dangerous knife" within the meaning of the statute (see Penal Law § 265.01 [2]). However, a knife "may be considered a 'dangerous knife' within the meaning of Penal Law § 265.01 (2) when the circumstances of its possession, including the behavior of its possessor, demonstrate that the possessor himself considered it a weapon, even if the knife might not otherwise be defined as a 'dangerous knife' by reason of its inherent characteristics" (Matter of Sean R., 33 AD3d 925, 926 [2006]; see Matter of Jamie D., 59 NY2d 589, 591 [1983]). Moreover, defendant's mere possession of the knife, while displaying it in an effort to instill fear, was itself presumptive evidence of his intent to use it unlawfully (see Matter of Sean R., supra at 926; Matter of Jesse QQ., 243 AD2d 788, 789 [1997], lv denied 91 NY2d 804 [1997]). The testimony of the male victim that defendant gave him the choice of leaving or being killed, while he stood over him with the knife in his hand, amply supports the jury's determination. that's the answer |
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No "dagger, dirk, or dangerous knife", loosely interpreted as no double edges.
Daggers, dirks etc. are per se weapons as defined in the PL. You need to research the case law as to what a "dangerous knife" is. Matter of Jamie D., 59 NY2d 589 (1983). Whether a "knife" is a "dangerous" knife may be determined on the basis of three alternative considerations: one, its own characteristics which show that it is primarily intended for use as a weapon; second, a modification, which converts what would otherwise be a utensil into a weapon; and third, the circumstances of the possession which may reveal that the possessor considers it a weapon and not a utilitarian tool. http://decisions.courts.state.ny.us/ad3/Decisions/2007/100065.pdf Defendant's argument that his conviction for criminal possession of a weapon is not supported by legally sufficient evidence is dependent on acceptance of his argument that his knife was not a "dangerous knife" within the meaning of the statute (see Penal Law § 265.01 [2]). However, a knife "may be considered a 'dangerous knife' within the meaning of Penal Law § 265.01 (2) when the circumstances of its possession, including the behavior of its possessor, demonstrate that the possessor himself considered it a weapon, even if the knife might not otherwise be defined as a 'dangerous knife' by reason of its inherent characteristics" (Matter of Sean R., 33 AD3d 925, 926 [2006]; see Matter of Jamie D., 59 NY2d 589, 591 [1983]). Moreover, defendant's mere possession of the knife, while displaying it in an effort to instill fear, was itself presumptive evidence of his intent to use it unlawfully (see Matter of Sean R., supra at 926; Matter of Jesse QQ., 243 AD2d 788, 789 [1997], lv denied 91 NY2d 804 [1997]). The testimony of the male victim that defendant gave him the choice of leaving or being killed, while he stood over him with the knife in his hand, amply supports the jury's determination. that's the answer I carry a 3.5" folder every day and have never been hassled by anyone except a dumb ex-friend that told me it's illegal to have ANY kind of knife on your person. Just remember, your knife is a TOOL that you use for MANY purposes like opening boxes, mail, etc. People around the upstate area I frequently see them using their own pocket knives to cut steak,etc in restaurants, and nobody ever says anything. The only time you're most likely to be hassled is down near LI / NYC where there are stupid restrictions. Generally speaking, as long as you're not holding it up open and screaming at someone or threatening to hurt them, you'll be fine. On a side-note, I do have a 4" Benchmade Axis-lock which by definition is a gravity knife? From what I understand though, any knife can technically be called a "gravity knife" if you loosen up the screw, or even after prolonged use normal folders tend to get like this. |
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Looks like a double-edged knife or dagger, per description of NYS law. I just purchased some throwing knives myself, but the way the law is written, it's EXTREMELY "iffy" even to have in your house. Let alone plan to use for home protection. I will just be using my shotgun instead of a knife. If you enter my home unlawfully, you're going to stop when you see a shotgun, but a knife? maybe. More than likely they'll be armed with a gun, and you'll be getting yourself into a possibly worse situation. If a firearm is not an option for you then I would look into maybe mace to supplement a knife. Pepper Spray is legal to posess and carry in NY(provided you are not a felon). Nobody online will ship it here, however.
(I'm not a lawyer so please don't take anything I say as legal advice! I'm only giving you my take on the situation. DO research or consult a lawyer to BE SURE! Remember: It's YOUR ass on the line if you use the wrong thing to stop a home intruder.) |
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Looks like a double-edged knife per description of NYS law. I just purchased some throwing knives myself, but the way the law is written, it's EXTREMELY "iffy" even to have in your house. Let alone plan to use for home protection. I will just be using my shotgun instead of a knife. If you enter my home unlawfully, you're going to stop when you see a shotgun, but a knife? maybe. More than likely they'll be armed with a gun, and you'll be getting yourself into a possibly worse situation. Same thing here. I'd never bring a knife to a gunfight especially in my own home. I got one as a gift and it just stays by my bed and never leaves that location. Until reading through this thread I was unaware of some of the laws and wasn't sure what it was classified as. Hopefully I won't get a visit from any black helicopters. |
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Having it for decoration, and it being involved in a crime are two different things :) I would keep that next to my bed, too.
I'm not sure what it comes down to if per se I was to throw a throwing knife at an intruder and killed him. I know for a fact you can use guns if you fear for your life. NYS Has some pretty bad home and self-defense laws as far as I'm concerned. Whether or not you'd be charged is more than likely going to be down to the courts to decide when it came to it. Would like to hear from others as I'm not even 100% on this 
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