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  1. #1
    Join Date
    Oct 2005
    Location
    New York, NY
    Posts
    5

    Default Possesion of a knife

    Hello,

    I'm sorry if this is a wrong section to post it.
    I'm 21 years old, resident of New York City, not a US citizen. I want to buy a knife, and carry it with me. After some researching, I found out that all automatic and switchblade knives are permitted to Police Officers and active duty Military personnel only.
    I found this New York law regarding knife possesion
    New York - Penal Law Section 265.01. A person is guilty of
    criminal possession of a weapon in the fourth degree when:
    (1) He possesses any firearm, electronic dart gun, electronic stun
    gun, gravity knife, switchblade knife, pilum ballistic knife, metal
    knuckle knife, cane sword, billy, blackjack, bludgeon, 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; or
    (5) He possesses any dangerous or deadly weapon and is not a
    citizen of the United States...
    Criminal possession of a weapon in the fourth degree is a class A
    misdemeanor.

    - Section 265.00 4. "Switchblade knife" means any knife
    which has a blade which opens automatically by hand
    pressure applied to a button, spring or other device in
    the handle of the knife. 5. "Gravity knife" means any
    knife has blade which is released from the handle or
    sheath thereof by the force of gravity of the application
    of centrifugal force which, when released, is locked in
    place by means of a button, spring, lever, or other
    device. 5-a. "Pilum ballistic knife" means any knife which
    has a blade which can be projected from the handle by hand

    pressure applied to a button, lever, spring or other
    device in the handle of the knife. 5-b. "Metal knuckle knife"
    means a weapon that, when closed, cannot function as a set of
    metal knuckles, nor as a knife and when open, can function as
    both a set of metal knuckles as well as a knife.


    - 265.04. It shall be unlawful for any person under the age
    of sixteen to possess any... dangerous knife... A person
    who violates the provisions of this section shall be
    adjudged a juvenile delinquent. [Found unconstitutionally
    vague by Superior Court, 1982; finding reversed by Court
    of Appeals, 1983]

    - Section 265.10... 1. Any person who manufactures or causes
    to be manufactured... any switchblade knife, gravity
    knife, pilum ballistic knife... is guilty of a class A
    misdemeanor... 4. Any person who disposes of any of
    the weapons, instruments or appliances specified in
    subdivision one of section 265.01, except a firearm, is
    guilty of a class A misdemeanor, and he is guilty of a
    class D felony if he has been previously convicted of any
    crime.

    - Section 265.15 Presumption of possession, unlawful intent,
    and defacement... 2. The presence
    in any stolen vehicle of any weapon... specified in
    sections 265.01... is presumptive evidence of its
    possession by all persons occupying such vehicle... 3. The
    presence in an automobile, other than a stolen one or a
    public omnibus, of any firearm... gravity knife,
    switchblade knife... is presumptive evidence of its
    possession by all persons occupying such vehicle...
    except... (a) if such weapon... is found upon the person
    of one of the occupants therein; b) is such weapon... is
    found in an automobile which is being operated for hire by
    a duly licensed driver... then such presumption shall not
    apply to the driver...
    4... 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.
    In the beginning it says,
    A person is guilty of
    criminal possession of a weapon in the fourth degree when:
    ...
    (2) He possesses any ... dangerous knife
    Which knife is not dangerous?

    I would like to get one of these knives. Will I be allowed to buy it and carry it around without worrying of being arrested for possesion of a weapon?
    http://www.benchmade.com/products/pr...aspx?model=705
    http://www.benchmade.com/products/pr...aspx?model=770
    http://www.benchmade.com/products/pr...px?model=10210

    edit:
    Also, can I have a disguised knife? For example a pen knife, or a key knife?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Carrying a Knife

    I scratch my head and wonder, "What if somebody tells you that the knives are legal, and they are wrong?"

    Ask the NYPD.

  3. #3
    Join Date
    Oct 2005
    Location
    New York, NY
    Posts
    5

    Default

    By NYPD you mean a cop or send an email to HQ and ask them?

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default

    If it were me, I would print out the pages and size specifications and ask in person. But you can try email, if you can find a suitable contact address - it would save you a trip to the cop shop.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    A "disguised knife" in most its forms are ILLEGAL in most states ... I'm not sure where they ARE legal, but I imagine there has to a be a few places where people can legally buy knives that hide in keys and pens.

    As for the knives you pictured, I'd say they are perfectly fine as long as they open by being bulled or the use of a thumb stud (i.e. they do not open by a spring loaded mechanism or gravity). But then, I'm not in NY so I can't say whether the statutes have been modified by case law in any way or not.

    Contact your local police department or an attorney.

    I can't see where buying a pocket knife should be that big a deal. Are you planning to get in to a knife fight? Why do you need one?

    - Carl

  6. #6
    Join Date
    Oct 2005
    Location
    New York, NY
    Posts
    5

    Default

    Quote Quoting cdwjava
    A "disguised knife" in most its forms are ILLEGAL in most states ... I'm not sure where they ARE legal, but I imagine there has to a be a few places where people can legally buy knives that hide in keys and pens.

    As for the knives you pictured, I'd say they are perfectly fine as long as they open by being bulled or the use of a thumb stud (i.e. they do not open by a spring loaded mechanism or gravity). But then, I'm not in NY so I can't say whether the statutes have been modified by case law in any way or not.

    Contact your local police department or an attorney.

    I can't see where buying a pocket knife should be that big a deal. Are you planning to get in to a knife fight? Why do you need one?

    - Carl
    I don't know. It hit me a few days ago to surf the web for knives. They're just pretty . So I want one now. However, since I live in NY, and everybody knows what happened here, and how the terrorists took over the planes, I don't know what's allowed to carry and what's not.

  7. #7
    Join Date
    Dec 2005
    Location
    East Texas
    Posts
    7

    Default Re: Possesion of a knife

    5. "Gravity knife" means any
    knife has blade which is released from the handle or
    sheath thereof by the force of gravity of the application
    of centrifugal force
    which, when released, is locked in
    place by means of a button, spring, lever, or other
    device.

  8. #8
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default

    I think the knives he linked had to be opened by thumb pressure (manually pulled/pushed open) and not gravity.

    - Carl

  9. #9
    Join Date
    Jan 2006
    Posts
    1

    Default

    The operative phrase in the second subsection of the New York Penal law prohibiting "dangerous kni(ves)" is the "intent to use the same unlawfully against another". So if you threaten somebody with the knife, then any knife is illegal.

    But what you may also need to worry about is the first subsection in the statute that prohibits gravity knives. New York defines gravity knife as:

    "any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device." New York Penal Law 265.00(5).

    Any locking and folding pocket knife that you can flick the blade out to the open position is a gravity knife. I have personally seen a lot of inexpensive and expensive knives perform in this manner. I am also an attorney the represents a number of people accused of this crime.

    Good Luck.

  10. #10
    Join Date
    Oct 2005
    Location
    California
    Posts
    1,206

    Default Re: Possesion of a knife

    I collect knives and often carry one of my many switchblades. I don't consider it a big deal and of the several cops I've asked about it, I haven't found one yet that seemed to care one way or another. I asked a cop friend of mine how he would view a person with a switchblade..and he said "if he's a good guy, no problem; if he's a bad guy, he can't have one". I thought that seemed pretty logical.

    I've never understood the laws regarding switchblades. I would much rather get stabbed with a cheap switchblade than an expensive Buck lockblade. Hopefully, the switchblade would break! (I'm pretty sure the other one wouldn't).

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