Double-Edged in NYC - Legal Point

I have observed in a number of post that people are under the impression that the carry of double-edged knives is illegal in NYC. A reading of the various statutes indicates that as long as the blade is under 4" it is legal whether or not double-edged. The carry of a double-edged knife only appears to be illegal if the knife is carried for an unlawful purpose - by definition not for self-defense. Am I wrong here?

Thanks,
Mark
 
THere is a section that refers to Daggers and a few other knives specifically. I have the specifics that I requested and recieved from the queens district attornies office. If you write them they should send it to you. I have mine around but i just moved so finding things is trouble but if I do I will post it.
Alex http://home.att.net./~a.boriqua
 

mb

Joined
Feb 8, 1999
Messages
40
Boriqua,

I think I know the section you are talking about (it is part of the New York State Criminal Code as opposed to the NYC Charter where the 4" restriction is found). However, I believe daggers, dirks and such are only deemed illegal for carry if they are carried for an unlawful purpose. I think forum members may have been too quick to read this "unlawful purpose" language out of the statute.

Mark
 
State penal codes have precedence over local codes. Therefore, if you are correct, the double edge rule will still apply in NYC.
 
as a printer at the NY Daily News working nights, my motto is :
better to be judged by 12 than carried by 6

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Boriqua and SB are correct. But contacting the DA unfortunately, is the way to go as the provisions in the Penal code are subject to wide interpretation, as it was written to be. That' s why it is used in the legal system.
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Question: how many edges and what category of knives does an icepick fall under??
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L8r,
Nakano
 
I work in a Criminal Defense firm in Manhattan and have spoken to many police officers on the subject. Any double edged knife is 100% illegal no ifs ands or buts. If your house is searched under a search warrant for something illegal like drugs for instance, the double edged knife will be confiscated and vouchered, too.

Jason
 
Fenris is correct, my understanding is that in NYC any double edged knife is considered a dagger and therefore illegal. NYC has a list of many illegal items. daggers,dirks, stilletos (although I guess nobody at court has a Websters stilletos are daggers), sword canes, tonfa, nunchaku, ice picks, shuriken, and on and on. I was told by a police officer that any pipe like device, pipe, broomstick etc that has a taped handle implies that the owner was using this device as a weapon. So much for stickball.....

------------------
~ JerryO ~

Cogito Cogito Ergo Cogito Sum


 
Just to let everyone know - I am an attorney. I started this post because I believe that many people are under the impression that all double-edged knives are per se illegal. However, the New York State penal statute only makes possession of certain weapons (switchblade, unlicensed firearm etc.) per se illegal. A "dagger, dangerous knife or dirk" is only illegal to possess if it is possessed with the intent to use it "unlawfully against another." This leaves open the argument that if a double-edged knife with a blade less than 4" is possessed for self-defense (by definition a lawful activity) possession is not illegal. I would caution that I have not done an exhaustive review of the case law but some cases do indicate that a possession charge will be dropped if it is not established that the knife was being carried to be used "unlawfully against another."

I quote the relevant portions of 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, gravity knife, switchblade knife, pilum ballistic knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sand club, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star"; or

(2) He possesses any dagger, dangerous knife, dirk, razor, stilleto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another;

While I know that many police officers feel that a double-edged knife is always illegal, this does not make it so.

Mark
 
To further muddle the waters...
IF it is legal to possess (key word) a double edged knife with a blade under 4"...is it legal to carry it? Does it have to be out in the open? What about fixed, single edged blades?
 
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