... any locking folder in NYC is illegal.
Technically, not true.
A locking mechanism doesn't make a knife illegal in NYC, the ability to flick it open and therefore deem it a "gravity knife" does.
Here is a section of the New York code as appears here
http://knife-expert.com/ny.txt:
Updated 7/18/2008 10/27/2005 3/15/06
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 Definitions...
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. [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. ]
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.
S 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:
1. Possession of any of the weapons, instruments, appliances or
substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05
and 270.05 by the following:
(a) Persons in the military service of the state of New York when duly
authorized by regulations issued by the adjutant general to possess the
same.
(b) Police officers as defined in subdivision thirty-four of section
1.20 of the criminal procedure law.
(c) Peace officers as defined by section 2.10 of the criminal
procedure law.
(d) Persons in the military or other service of the United States, in
pursuit of official duty or when duly authorized by federal law,
regulation or order to possess the same.
(e) Persons employed in fulfilling defense contracts with the
government of the United States or agencies thereof when possession of
the same is necessary for manufacture, transport, installation and
testing under the requirements of such contract.
(f) A person voluntarily surrendering such weapon, instrument,
appliance or substance, provided that such surrender shall be made to
the superintendent of the division of state police or a member thereof
designated by such superintendent, or to the sheriff of the county in
which such person resides, or in the county of Nassau or in the towns of
Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of
Suffolk to the commissioner of police or a member of the police
department thereof designated by such commissioner, or if such person
resides in a city, town other than one named in this subparagraph, or
village to the police commissioner or head of the police force or
department thereof or to a member of the force or department designated
by such commissioner or head; and provided, further, that the same shall
be surrendered by such person in accordance with such terms and
conditions as may be established by such superintendent, sheriff, police
force or department. Nothing in this paragraph shall be construed as
granting immunity from prosecution for any crime or offense except that
of unlawful possession of such weapons, instruments, appliances or
substances surrendered as herein provided. A person who possesses any
such weapon, instrument, appliance or substance as an executor or
administrator or any other lawful possessor of such property of a
decedent may continue to possess such property for a period not over
fifteen days. If such property is not lawfully disposed of within such
period the possessor shall deliver it to an appropriate official
described in this paragraph or such property may be delivered to the
superintendent of state police. Such officer shall hold it and shall
thereafter deliver it on the written request of such executor,
administrator or other lawful possessor of such property to a named
person, provided such named person is licensed to or is otherwise
lawfully permitted to possess the same. If no request to deliver the
property is received by such official within two years of the delivery
of such property, such official shall dispose of it in accordance with
the provisions of section 400.05 of this chapter.
2. Possession of a machine-gun, large capacity ammunition feeding
device, firearm, switchblade knife, gravity knife, pilum ballistic
knife, billy or blackjack by a warden, superintendent, headkeeper or
deputy of a state prison, penitentiary, workhouse, county jail or other
institution for the detention of persons convicted or accused of crime
or detained as witnesses in criminal cases, in pursuit of official duty
or when duly authorized by regulation or order to possess the same...
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...
8. The manufacturer of machine-guns, assault weapons, large capacity
ammunition feeding devices, disguised guns, pilum ballistic knives,
switchblade or gravity knives, billies or blackjacks as merchandise and
the disposal and shipment thereof direct to a regularly constituted or
appointed state or municipal police department, sheriff, policeman or
other peace officer, or to a state prison, penitentiary, workhouse,
county jail or other institution for the detention of persons convicted
or accused of crime or held as witnesses in criminal cases, or to the
military service of this state or of the United States...
New York Case Law:
- Knife... was not a "gravity knife"... even though blade of
knife could be released from its sheath by flick of the
wrist; in order to lock blade of knife in open position,
two additional steps were required... (1989).
- Butterfly or "Balisong" knife, a folding knife with a split
handle, did not have blade released by force of gravity or
application of centrifugal force, and did not constitute a
"gravity knife"... (1987).
- "A bayonet was within class of weapons designated as 'any
other dangerous or deadly instrument or weapon'.... (1937)
- "Under rule of ejusdem generis [of the same kind]... an ice
pick was a 'dangerous weapon'... (1948)
- "Evidence that defendant wielded butcher knife in presence
of others was sufficient to support charge..." (1987)
- "...possession of knife 15 to 18 inches long was legally
sufficient to establish prima facie case of carrying
dangerous weapon as felony..." (1963)
- "Accused's possession of knife in case attached to his
belt, with long handle protruding and case sheathing blade
concealed inside accused's trousers, did not constitute
violation... absent evidence of design on accused's part
to use the knife unlawfully." (1974)
- "That parolee was found in possession of straight razor
could not, without more, establish his possession of
dangerous instrument or deadly weapon..." (1981)
- "The possession of a razor by a barber for use in his
trade, even if it was on his person, was not within...
this section." (1914)
- "Paint brush found in possession of a housepainter while on
his way home from work was not the kind of instrument
covered by... this section, prohibiting the carrying of a
dangerous weapon." (1962)