Change to NY Knife Law

[tom19176]

This wouldn't help most collectors BUT the NYS Penal law is being changed to allow for the possession of "automatic knives for museum display. There was a member pushing for this....looks like he won!

d. Subdivision one of section 265.01 and subdivision four of section
265.15 of this article shall not apply to possession or ownership of
automatic knives by any cutlery and knife museum established pursuant to
section two hundred sixteen-c of the education law or by any director,
officer, employee, or agent thereof when he or she is in possession of
an automatic knife and acting in furtherance of the business of such
museum.
* NB Effective February 11, 2008
There is also as new definition for automatic knives

5-c. "Automatic knife" includes a stiletto, a switchblade knife, a
gravity knife, a cane sword, a pilum ballistic knife, and a metal
knuckle knife.

 

[Tohatchi NM]

OK, the museum change is nice. The automatic knife definition is just dumb. A "cane sword" or "metal knuckle knife" are no more automatic knives than they are dump trucks.

 

[tom19176]

I agree about the inclusiveness of the definition BUT the word automatic knife has not been added to ban any knife, it was defined in this manner to allow for the display of these types of knives by one using one term to ID them.....not great but this is a first for years in NY that someting has been allowed again. The last positive weapon change I can remember was when mace was finally allowed.

 

[bernard_levine]

Doesn't mean much for ordinary folks, since in NYC under Bloomberg, ANY knife with a blade that folds is considered a gravity knife under pls 265.00

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.

I have fielded many cases of people arrested in NYC for carrying folders with pocket clips that partially revealed the knife, providing probable cause for stop and search, resulting in arrest. This included assisted open folders, ordinary folders, even folding utility knives such as the SuperKnife. If it shows, it is probable cause for a stop. If it folds, that is "centrifugal," so arrest and conviction soon follow. Lawyers who've tried to fight these cases have given up in despair, because the lower court judges are happy to go along with the police. This can only change if one of these cases goes to appeal, and is reversed (and it might not be), or if NYC elects a less hysterical mayor.

Another big city where similar things are happening is Portland, Oregon. There it is mainly "felon in possession" cases that have been finding all folders to be gravity knives, but the same "centrifugal" definition is in the concealed carry law that applies to all -- and the same judges hear those cases, so it is only a matter of time.

BRL...

 

[tom19176]

Interesting comment on all folders. It has been the last 15 or so years that any flickable locking knife suddenly became a gravity knife. A non locking folder under 4" and not displayed is still Ok for the moment, and a very tight locking folder under 4" and not displayed is not illegal by definition. It has been 15 years since the City of NY paid me to send the bad guys to Rikers Island, but many of my current friends are at fairly high ranks in the NYPD and I confirm this with them all the time in addition to checking case law and the PL on line ( that is how I noticed this change). It seems that you have seen all folders suffering wrongfully from the gravity knife charge, but is this true of non locking folders? I can't see how.

 

[bernard_levine]

Now that you mention it, all the cases I have seen involved knives with both pocket clips and some kind of locking mechanism. None have involved slipjoints. Thanks for the correction.

BRL...

 

[Bob W]

That's a nice excemption for the handful of museum curators who wish to display automatic knives. But the vast majority of collectors don't happen to own museums...

Collectors cannot have automatic knives here in New Mexico either.