Anyone ever hear about this NYC Arrest from October 10?

I think thats been discussed quite a bit here. I'm not sure if we talked about that specific case, but the whole NYC "gravity knife" issue has been beaten to death here.
 
charlesbjr said:
I don't recall hearing about this one.

http://www.nydailynews.com/ny_local...ns_possession_over_a_pocket_knife_hes_ha.html
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I didn't hear about this specific case , so thanks for the link. I'm from upstate NY and just began working in NYC 3 months ago.

In my home town it's very normal to carry a pocket knife clipped to your pocket or inside a belt case, so imagine how I felt when I had to start carrying only small slipjoints.

I carry slipjoints all the time... even before working in NYC, but now I can never carry anything else. I was carrying a small yellow handled traditional knife the other day with a locking blade and decided to stop carrying it...

I can also tell anyone planning to visit NYC and travel the subway system that the police are very "active" and do searches at random. Just last week in the Times Square station a man walking next to me was detained by police. He looked no more suspicious than me , just a middle aged guy going to work.

I've seen police set up tables in Penn, Grand Central and Times Sqaure Stations so they can empty backpacks and brief cases.
 
I'm surprised that the judge tossed the case out. Not that I'm unhappy about it, but if the reason he dismissed the case is because A BM with Axis Lock can not be considered a gravity knife, then we have a new legal precedent.
 
Sep, no legal precendent that is binding, but it helps. The opinion of one judge at this level holds no true weight over what another judge can or may do, but it helps to show that it is not a clear cut defintion of a gravity knife. Using a gravity knife or switchblade for employment reasons does not fall into the allowable exceptions unless you job is that of a police officer or peace officer. What I suspect happened here is the judge allowed the affirmative defense that the subject asked a officer if the knife was legal and that officer tested it and said it was, and that allowed the subject to fall in the guidelines allowing for you not to be held liable for a crime that you can prove you were told is legal. Don't think this is a great defense as many judges will hold a high standard of proof.
 
tom19176 said:
Sep, no legal precendent that is binding, but it helps. The opinion of one judge at this level holds no true weight over what another judge can or may do, but it helps to show that it is not a clear cut defintion of a gravity knife. Using a gravity knife or switchblade for employment reasons does not fall into the allowable exceptions unless you job is that of a police officer or peace officer. What I suspect happened here is the judge allowed the affirmative defense that the subject asked a officer if the knife was legal and that officer tested it and said it was, and that allowed the subject to fall in the guidelines allowing for you not to be held liable for a crime that you can prove you were told is legal. Don't think this is a great defense as many judges will hold a high standard of proof.
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I know Tom, this is not gonna change everything overnight. At least the next guy arrested for carrying a BM with axis lock will have a slightly stronger argument. When he says it's not a gravity knife, he can point to this precedent and won't be seen as pulling an excuse out of his nose.

Every little bit helps.
 
The thing that I believe lead the judge to dismiss the charge was not so much that he did not agree it was a gravity knife or not, but rather that the subject was told by a officer who tested it that it was not illegal. Look at the following link to the NYS Pl and read 15.20#2. I suspect this was the basis for dismisal....

http://ypdcrime.com/penal.law/article15.htm
 
Another thing to consider, a Mini Ambush does not have an axis lock ( even though it looks like it does ) and has a spring holding the blade closed. Holding the button does not relieve all the closing pressure ( just some of it).
 
JPD1998 said:
I didn't hear about this specific case , so thanks for the link. I'm from upstate NY and just began working in NYC 3 months ago.

In my home town it's very normal to carry a pocket knife clipped to your pocket or inside a belt case, so imagine how I felt when I had to start carrying only small slipjoints.

I carry slipjoints all the time... even before working in NYC, but now I can never carry anything else. I was carrying a small yellow handled traditional knife the other day with a locking blade and decided to stop carrying it...

I can also tell anyone planning to visit NYC and travel the subway system that the police are very "active" and do searches at random. Just last week in the Times Square station a man walking next to me was detained by police. He looked no more suspicious than me , just a middle aged guy going to work.

I've seen police set up tables in Penn, Grand Central and Times Sqaure Stations so they can empty backpacks and brief cases.
Click to expand...
I heard that they specifically look for pocket clips and then go from there to make the arrest based upon the knife not being concealed, per NYC law. If the knife happens to be a "gravity knife" (able to flip open and lock in place), then this would be a second charge and the most serious of the two. Best to remove the pocket clip and go for deep-pocket carry when EDC-ing in jurisdictions that are not knife friendly, such as NYC and Boston.
 
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