Do I see a loophole?

D

DemonWolf

Joined
Jan 7, 2013
Messages
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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.





Using the second paragraph of this new york state law on knives, Could I argue that I was carrying the objects in question but I was not
Carrying them with intent to use them unlawfully against another?

Also, is it legal to own samurai swords/ Various knives and weapons such as fixed blades and a Naginata in my home, not in a public area?
 
Any knife can be a "dangerous knife" under this statute if the knife is used as such. Mere possession is not a crime unless it is of the type stated (i.e. dagger, switchblede etc.)
 
It's up to the arresting LEO's discretion to decide what your intent for carrying the knife is.
 
Continue down the law and see section 265.15 #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.

"By any person" normally means you carrying the item outside of your residence, but not the simple possession which would include within your house. As stated above, any knife can be considered a "dangerous" knife, and certain types of knives have been seen by the courts as weapons by design ( daggers, tanto blades. etc)....In NYS possession means you have control over an item ANYWHERE it is. Swords are not pre se banned. Fixed blades should also be fine within your house in most cases. Check the entire law and speak to your local DA for clear direction.
 
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Thanks tom19176, The reason I asked is because I'm redecorating my house and I am about to make a LARGE order of weapons both decorative and ready to use. I would really hate to put down that kind of cash just to learn that I can't even have the items in my home. And on top of that, Why the heck are the rights to own blades so restricted? Back home in ohio I'd never have thought twice about carrying a knife with me but here, do city people ever think of self defense? Why can't they see that restricting access to weapons just puts people in danger. If a person is going to do something illegal, what is stopping them from breaking the law to get the weapons to do it with? Politicians and lawyers.........They will be the death of this country, not any war.
 
I would say paragraph 2 only means that you could be found guilty for criminally posessing a kitchen knife or a piece of rock or a screwdriver: if they could prove you intended to use it unlawfully against another. The items listed in the first paragraph will get you in trouble disregarding what your intentions were. That is how I understand it.
 
DemonWolf, you and your lawyer can pursue any loophole you please, but that costs money. The City of New York has MONEY. Don't test this.

The laws are written for whatever purpose, often by people who don't understand what they're legislating about. Time goes by and the law as written is reinterpreted. This is what happened in Manhattan (New York County) when the current District Attorney redefined certain locking folding knives as gravity knives. While New York City has five counties, it has one Police Department, so his grandstanding and extortion affects a wide swath of the citizenry.

What you own and keep at home is not generally a big deal, but I would be very careful about what you take outside.
 
DemonWolf said:
Thanks tom19176, The reason I asked is because I'm redecorating my house and I am about to make a LARGE order of weapons both decorative and ready to use. I would really hate to put down that kind of cash just to learn that I can't even have the items in my home. And on top of that, Why the heck are the rights to own blades so restricted? Back home in ohio I'd never have thought twice about carrying a knife with me but here, do city people ever think of self defense? Why can't they see that restricting access to weapons just puts people in danger. If a person is going to do something illegal, what is stopping them from breaking the law to get the weapons to do it with? Politicians and lawyers.........They will be the death of this country, not any war.
Click to expand...

New York is run by insane protectionists. I would move.
 
I did. But not because of this sort of annoyance.
Have you ever lived in NYC? Worked there? Visited?
We got a lot of good stuff and the idiocy doesn't change that.
 
I live in NH, and I certainly make it a point to avoid certain surrounding states. NY, MA, NJ, etc...Any liberal nanny protectionist state will not make a dollar from me.
 
OK, duro, we get the point. You want a political thread, please take it to the Political Arena.
 
Poez said:
I would say paragraph 2 only means that you could be found guilty for criminally posessing a kitchen knife or a piece of rock or a screwdriver: if they could prove you intended to use it unlawfully against another. The items listed in the first paragraph will get you in trouble disregarding what your intentions were. That is how I understand it.
Click to expand...

You hit the nail on the head with that post.

New York state aint so bad, on the other hand NYC is a police state. I would stick with slip joints, under 3 inches.
Id say if you live up in Niagara falls it would be acceptable for you to open carry a fixed blade.
 
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