Automatic knives in NY

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luvsogknives

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Jan 3, 2010
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I really want to purchase several Boker autos online, however I do not know the legal ramifacations of doing so in NY. I do not plan on carrying them, just keeping them as collectors pieces. If anyone knows if just ordering them just to have them is legal or not, please, tell me. Thanks.
 
im in ny as well. certain websites restrict the shippment of autos to certain states. although i have not done so yet, i beleive if you order autos from a site without restricted shipping you should be fine.
 
My understanding of NY law - and I am not a lawyer! - is that automatic knives MAY be carried if one is actively engaged in hunting. Presumably, this would mean that licensed hunters may possess said knives at home, without carrying them, when they are not hunting.

Local laws (say, at the city level) may impose tougher restrictions of course.
 
NY has been covered many times before, but here it goes in a nut shell. They are illegal to sell, transfer, possess. The only non LEO exception is to own them for use while fishing/hunting/trapping. It is illegal for someone to sell, give ,loan or in anyway transfer them to you. If you have them and have a VALID fishing/hunting/trapping license then you could have them in your house. If you order them from another state the seller is violateing the Federal interstate commercae law. If you use USPS then both the buyers and seller are vilolateing the Federal Postal law.
 
tom19176, Do you know if there are any considerations for fire service personnel in NY (not NYC)? You seem knowledgeable. (Sorry if this is not the appropriate place to ask, I just registered after finding your comment.)

We have two things going against us. The first is having to wear thick leather protective gloves that make opening and closing a knife difficult. And the second is that we may get in a situation where only one hand is available to free ourselves.

The following "definition" made it even less clear to me. I thought folding knives were ok. I have no intention of carrying this day-to-day, but it would be nice to know it is in my bunker gear as a contingency.

"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. [Note: In NYC, and potentially in other NY
jurisdictions, this definition is construed to apply to
ANY folding knife with a blade that locks open. ]"
 
Automatics are supposed to be legal for carry while hunting or fishing. How that makes any sense, I do not know. (good luck finding a cop that knows that)

other than that, Automatics are illegal to possess under New York State Penal Law 265.01
 
luvsogknives said:
I really want to purchase several Boker autos online, however I do not know the legal ramifacations of doing so in NY. I do not plan on carrying them, just keeping them as collectors pieces. If anyone knows if just ordering them just to have them is legal or not, please, tell me. Thanks.
Click to expand...

Better contact your local DA's office, the code is not as clear as "Yes or No". I know several people that have ordered them by including a current fishing or hunting license with the order.

Section 265.20 Exemptions

a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to....

6. Possession of a switchblade or gravity knife for use while hunting, trapping or fishing by a person carrying a valid license issued to him pursuant to section 11-0713 of the environmental conservation law.
Click to expand...

Section 265.10 is the prohibition on shipping and 265.01 is the prohibition on possession. I have no idea what the legal precedents are.

There might be something here if you poke around long enough:

http://wings.buffalo.edu/law/bclc/web/nycriminallaw.htm
 
As for the fire man who first asked TODAY on this older thread, unless you are considered a Peace Officer under the CPL ( some are some are not), then you would not be included in the exception that allows for police and peace officer for carry/own autos.
As for the fishing/hunting/trapping that allows for possession in your house provided you have a valid license for one or all of those acitivites and the intented use is to use them during those activites ( having a fishing license , ten swicthbaldes and no fishing equipment might be hard to explain)....It allows for carry for their use while doing those activities, but does not require direct to and from as the NYC Admin code does. If you are in a bar at 2 am with a gravity knife in your pocket and a fishing pole in your car, you maybe in trouble, however I do know of a person who carries a hook, 10' of fishing line and his fishing license in his wallet, and a knife that is very hard to flick open.
 
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My understanding is that you need to be actually going fishing to carry it. So, always carry a pole in your car.
 
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