horror stories

Thanks David,

You did bring up one interesting point I had not considered. There are the Boker top locks and Magnum lines that are locked closed by a release button. They can be flicked open after pressing the button....does you legal mind feel these are not gravity knives then? A switchblade with a removed or broken spring would be the same. This would be an interesting view....

I had once seen the flip open the knife by holding the blade demonstrated in court, and the judge felt that was not a correct view and dropped the gravity knife charge but kept it as the famous " Dangerous knife" charge since drugs were also involved in the case. They do not teach that method of opening a knife in the academy as it was feared that officers would cut themselves trying to deploy that method in the street.....most likely true..lol

Good to see someone who truely understands the law for a change.....The other scary thing is any prior criminal record makes simple possession a felony......for a knife.....and that could be for any minor misd. conviction ( DWI, simple assault, reckless endangerment-driving...etc)
 
I just found this forum because a friend's brother was arrested in NYC last night for merely possesing in his car trunk a small < 3" pocket knife that was not a gravity knife or switchblade- you needed to use your fingers to pull the knife open.


So it does happen.
 
BirdOPrey.....there would be, I assume alittle more to it ? The knife you are describing is not illegal, and was in a trunk therefore making it not the subject of a legal search, unless the officers were reacting to another crime and therefore were allowed to conduct a search of a locked compartment. You may not be hearing the correct details of what actually happened. I have arrested people for many crimes when I was a LEO, and it was almost funny to hear what they told their wife-Mother-brother ( on the phone in front of me while they were processed) about what happened that they were arrested. The truth rarely entered their explaination of why they had handcuffs on.....
 
Knifelawguy, Is there an exemption for a LEO to carry automatic knives in California? I noticed that dealers will often only sell to LEO's and active military personnel.
 
Tom,

FWIW, I first became aware of the gravity knife issue during law school. The criminal defense clinic I worked in handled many gravity knife cases -- some for simple possession with no other charge.

I was disturbed when I realized that the knives were typicall common folding knives.

I got involved, and got a credible expert affidavit on the issue, which we tried to use in two cases -- neither was successful.

The judges were of the opinion that the knives in question fit the statutory definition, and accepted the position of the NYDA without much skepticism.

The cases plead out (to the charge of possession of a weapon) with short sentences (I think one was actually ACD'd).

I have kept in touch with the clinic, and they tell me these cases keep rolling in.

Since then, I have spoken to alot of other lawyers about this topic. I've had the pleasure of speaking with David, from time to time -- he's as on top of this issue as anyone I've met.

Also, a friend of mine in legal aid deals with many of these "gravity knife" cases, and tells me there is no defense that he's aware of, other than appealing to the "common sense" of the judge or ADA. It annoys him, but he's gotten used to it. He's a very talented lawyer and a zealous advocate.

I worked previously in LE, and am currently a practicing attorney (although I'll give the usual disclaimer and warn anyone reading this not to rely on legal advice from the internet -- from me or anyone else).

I spout off about this issue from time to time because I hate to see well-meaning people get caught up in the net.

For me, it's mostly just SAKs these days, and all my fancy folders stay home in the drawer, sad as that is.

Seth
 
Seth,

Thanks to the input you have given. It seems that most gravity knife cases come about because of other issues that lead to the gravity knife charge, but it is scary how the NYPD and the NYC court system interpets the law on these. I did years as a LEO in the city, and am now in commerical real estate, but that said I know the legal rights my firearms permit allows me, but with knives it is all up for grabs. I have come to the point that I rarely carry a knife in the city myself.
 
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