Gravity Knife

Joined
Feb 14, 2003
Messages
90
If you were given the chance to explain it to a judge, how would you distinguish a "gravity knife" from the locking folders that are in common use today (nearly all of which can be "flicked" open with various techniques)?
 
Hi Seth, To the best of my understanding the NYS Senate and asembly were shown a true gravity knife back in 1958 when the ban was passed ( and the Federal law then a year after). The lawmakers where shown a true gravity knife and given the wording to describe it that exist today. A true gravity knife is "release" from the handle or sheath by simplying the force of gravity when pointed down after a lever or button has been pressed in order to "release" the blade so that the gravity allows it to fall free from the handle. Some knives required an additional "thrust" in order to make the knife open. This is the basis of the centifical basis wording. The blade dropped out of the top of the handle or sheath and did not swing out from the side. For about 15 years after the law was passed there were few if any arrest made for a locking knife that was side opening and could be flicked open. In the mid 1960s there was a change in how this law was interpeted by the NYCPD. It was felt that any knife that locked open and could be "flicked" open from the closed postion was now a gravity knife. This has been now streched to include holding of the blade and flick the handle open since the law is vague enough to allow this also. The only hope is the word "released" which somewhat implies that it is not just swung open, but the courts have not seemed to value this point of view, and have allowed the present understanding of the law to stand. The only possible defenses is that the federal law is worded the same way ( in fact I believe it does not require that the blade locks and is therefore even more inclusive), and the Federal goverment has had several cases mostly reguarding butterfly knives questioning the defintion of a gravity knife. There have never been a Federal interpetation that would allow for a standard folding knife that could be flicked open to be classified as a grvity knife. US Customs has had the most experience enforcing the Federal law and has never banned a loose bladed knife that could be flicked open from import into the US.
I think you could also set forth that stores and retailors on the internet sell "flickable" knives all the time with no restrictions, and that when our present Gov was the State AG he went after out of state dealers of switchblades, stun guns, etc but NOT flickable knives.....
 
What about normal lock-back style knives that can be flicked open by pressing the lock in slightly? Would that qualify as a gravity knive then?

Or do they need to be designed to be flicked?
 
Basically, New York has blatantly distorted and deliberately misinterpreted the law. (not that Gravity knives should be illegal at all) the original description is the only valid part describing a true gravity knife.
 
sliplock, this is the wording of the Federal defintion of a "switchblade" which has the same method of opening and does not even require that it locks open.....) The term "switchblade knife" means any knife having a blade which opens automatically -
(1) by hand pressure applied to a button or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both.

I would think that you could secure a letter from Customs stating that side opening folders are not banned from import.....I also think you would find it hard to impress a judge in NYC to think in a good way about any knife, but it is always worth trying....do you have samples/pictures of true gravity knife to illustrate the difference?
 
Thanks for stepping up, Tom -- I do have pictures, and all I can say at this point is that my understanding is consistent with yours.

And I believe it is the prevailing view among people who know knives.

Please forgive me for not going into more detail at this point -- things are heating up.
 
Knives are life-saving tools, as well as deadly weapons. The thing is, which is a better folding knife--one that is not sharp, and it cannot be opened easily with one hand, or one that is sharp, and can easily be opened with one hand? The laws should be changed accordingly. Also make the penalties tougher and more rigid, against misuse of cutting instruments.
 
I posted under the WARNING line -- it looks like the court won't reach the issue because the stop and frisk was sketchy.

Thanks for all of your suggestions.

We'll get there eventually.
 
I carry the Auto-Benchmite just about everywhere I go cause of its size and weight - is this knife considered a slipock or a type of switchblade? I am not an LEO.
 
kjf444 a switchblade is illegal in NY no matter what size. The Auto-Benchmite is one.....
 
Thanks tom19176, that was the answer I expected but didn't want to hear.

I'll have to take my chances. I use it for just about everything, I'd hate to leave it at home.
 
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