Another NYC Story

[cdf]

Have they started going after multitool users yet . I hope this cr## doesnt spread . I have a wave that I could in theory Spyder drop - more than likley Id just end up hurting my foot .

Chris

 

[joe-bob]

Mike, I am a former NYC LEO, and as long as you can flick it open then it is a gravity knife. NYC has gotten very bad lately about enforceing this law. I agree that they should not be allowed to sell them since that is just as illegal.

Tom,

Since I read your post earlier today, it has been bothering me.

Just because it is possible to flick a knife open, that does not make it a gravity knife.

I'll explain:

IIRC, The standard given was that if centrifugal force or gravity can cause the knife to open and lock, then it is a gravity knife.

OK, let's try it. Centrifugal force is the force that trys to make an object moving in a circular path want to fling away from that circular path. It is a single force.

This afternoon, I've tried swinging all sorts of knives, and none of them would perform as described.

ONLY when I swung them and stopped instantly, or even jerked the knife back the other direction, did the knives open fully and lock.

This is not centrifugal force. Nor is it gravitational force.

In fact, this is a result of inertial force resulting from movement of the knife handle in at least two separate directions. the knife and blade are moved and the instant stop or even reverse jerk of the knife causes the blade to tend to continue its inertial movement and swing to an open AND locked position.

No amount of flicking or swinging the knife at any speed will cause it to open and lock. ONLY the combined movements and the force of inertia cause the blade to open and lock.

The interpretation of the NY courts is incorrect, wrongful, and immoral; and does not even follow their own regulations.

I dare you all to try it.

Mount a knife on a wheel and spin it if you want. The centrifugal force will not cause the knife to open and lock......only the combined actions of the movement in two directions or the instant stop will open and lock the knife.

Centrifugal force, and/or gravity have nothing to do with it.

 

[Argyll]

Joe-Bob,

You are preaching to the choir. No one thinks the NYC approach is right, but the fact is that is how the DA (and therefore the police) are interpreting the law. It may be "incorrect, wrongful, and immoral" but if you are in NYC with your typical Benchmade or Spyderco clipped to your pocket, you're liable to be arrested and prosecuted.


Best regards,

Argyll

 

[jujigatame]

The interpretation of the NY courts is incorrect, wrongful, and immoral; and does not even follow their own regulations.

Well, one interpretation lets them take lots of "dangerous weapons" off the streets and makes related statistics look impressive, and the other interpretation would net them far less knives. Give politicians and judges a choice on that one and it's pretty much a slam dunk.

 

[tom19176]

joe-bob the NY law ...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. and even worse the FEDERAL LAW...(b) The term ''switchblade knife'' means any knife having a blade
which opens automatically -
(1) by hand pressure applied to a button or other device in the
handle of the knife, or
(2) by operation of inertia, gravity, or both.
I can agree with you all day long that the NY law is mis applied to all folders, but I know as a fact similar arguements have been used and have been have shot down in the court if the judge even allowed them to be heard. What do you think of the wording of the Federal law???????

 

[tom19176]

joe-bob, in court there was an attempt to view the wording your way by a very young just out of law school attorney and the judge repsonded that the law was meant to describe the motion by which the energy was applied to force the knife to open and that the abrupt termination of that energy cause the blade to open and lock inplace. The law was meant to describe a ture gravity knife, but the courts have held that a knife that can be flicked open is one also....I don't agree, but present day law practice says otherwise....

 

[Reffy]

I dont think we are here to discuss what knife laws should be, rather, what they are.

 

[joe-bob]

joe-bob the NY law ...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.

See, it's not centrifugal force that opens the knife. The clause "when released" implies that gravity knives are locked closed; which is actually true. Linerlocks and other modern folders are not locked closed.

...and even worse the FEDERAL LAW...(b) The term ''switchblade knife'' means any knife having a blade
which opens automatically -
(1) by hand pressure applied to a button or other device in the
handle of the knife, or
(2) by operation of inertia, gravity, or both.
I can agree with you all day long that the NY law is mis applied to all folders, but I know as a fact similar arguements have been used and have been have shot down in the court if the judge even allowed them to be heard. What do you think of the wording of the Federal law???????

Both laws are just as bad. It is clear that the NY state law is being abused by a corrupt justice system. At least the federal law references the correct terminology, BUT it contains the corrupt concept that:

X = Switchblade knife

OK, fine, but it also says:

Anything that is not X = Switchblade knife

Huh? Really?!

This is not how our Constitution and legal system were designed, intended, and instituted.