The law is set up to vitually cover any knife as a dangerous knife if the officer can state why he feels it to be so. NYC is NOT a knife friendly location. NYS is better by far. There is no hunting or trapping in NYC, and how much fishing can you do??? The NYC PD will even flick open a knife by holding the blade and flicking the handle down wards and claiming it is a gravity knife. The courts have held this to be acceptable. ( I don't think it is fair)Retired or former LEOs ( as me) would almost never arrest someone for knife possession. Not true of someone who is on the force now. These newer officers never carried a knife in their teen years (metal detectors in clubs and schools) and they have been trained that all knives are to be considered some sort of weapon. If you are truly fishing, hunting or trapping I would not worry too much, but normal carry becareful.....Just a not the NYC law is the Admin Code not the Penal Law......
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Daggers in New York
- Thread starter charlesbjr
- Start date
- Joined
- Mar 8, 2006
- Messages
- 448
Quite honestly, I can't blame a LEO for arresting someone for carrying a RAT 7, Gryphon or Recon Tanto (all of which I use to hunt with), while roaming the streets of NYC. However, I can't see why they would give me a hard time, while transporting them upsate (in a locked box with my rifle) for hunting or camping.
This past hunting season, three of my friends were stopped going into and out of NYC while on their way to and from hunting camp. The LEOs were only concerned with the fact that their hunting rifles were not loaded. They didn't even care that they did not have trigger locks on them (which I always do).
This past hunting season, three of my friends were stopped going into and out of NYC while on their way to and from hunting camp. The LEOs were only concerned with the fact that their hunting rifles were not loaded. They didn't even care that they did not have trigger locks on them (which I always do).
The reason I questioned it was because the statement "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;" can cover any knife since all knives can be considered dangerous (maybe except a butter knife). So if "possession = intent" as you stated before, would that not make possessing any knife illegal?
Our wonderful lawmakers decided that the possession of the items they added to the second section deemed that you had intent to use them against another simply by means of possession. They reasoned that you would only carry it for use as a weapon. Again, I don't agree, but I only seek to advise you of the law. In most cases, simple possession of a knife will not result in a arrest, however there have been periods that the laws have been very strictly enforced ( usally as a reaction to a very public incident).
As to the all knives can be considered illegal, the law is so vauge as to "dangerous knife" that it leads to the officers interpertation. I personally have only seen the wording "dangerous knife" when used as a secondary charge of weapons possession to a primary charge of assault. When the victim has a slash across their face then the court accepts the knife that caused it to be a dangerous knife, however most DAs would not want to charge someone with the dangerous knife charge by itself as it could (mostlikely on appeal) be deemed "unconstitionally vague",,,,
As to the all knives can be considered illegal, the law is so vauge as to "dangerous knife" that it leads to the officers interpertation. I personally have only seen the wording "dangerous knife" when used as a secondary charge of weapons possession to a primary charge of assault. When the victim has a slash across their face then the court accepts the knife that caused it to be a dangerous knife, however most DAs would not want to charge someone with the dangerous knife charge by itself as it could (mostlikely on appeal) be deemed "unconstitionally vague",,,,
jdm61
itinerant metal pounder
- Joined
- Aug 12, 2005
- Messages
- 47,357
I carried my Ed Caffrey EDK most of the time i was in NYC this weekend. The one and ONLY semi-positive thing about the NYC law is that, if it is 4" or shorter the law INSISTS that you carry it concealed. But remember this, children...thereis case lawin Texas that says that the 5 1/2 " restriction out there INCLUDES the ricasso. Florida is a bit screwy about that. If it is not a "common pocket knife" the it apparently must be carried openly. There is some case law out there in other jurisdictions and maybe in Florida that says that a big "tactical" folder is NOT a "common pocket knife" The current Florida law elimated the term "dagger" and only has "dirk", but alos has one of those "any other" provisions. Under the old law, you could have argued that a Bowie knife couldnot be considered a dirk or daggerbecause there was anold law from the 1870's specifically spiing out Bowie knives as illegal to sell to minors.