How to aquire an automatic?

You guys got me interested in this. I know that wikipedia is not really proof, but maybe it will shed some light.

Open the link and scroll down to United States/ States Laws/ New York -it says that it is legal to both possess and carry a switchblade in New York as long as you are hunting or fishing and have a current hunting or fishing license.
http://en.wikipedia.org/wiki/Switchblade#United_States

It then cites "penal law section 265.01, exemption 265.20 (6)
http://pweb.netcom.com/~brlevine/ny.txt

On a side note, I thought it was legal in every state to own a switchblade as long as it is in your house and you never carry it.
 
Last edited:
Just got to exchange section here and buy from pp, its gonna be cheaper and they'd probably ship it to you, when you get it, be a bloody model citizen, and don't take out the knife out of your room.
 
The Government said:
You guys got me interested in this. I know that wikipedia is not really proof, but maybe it will shed some light.

Open the link and scroll down to United States/ States Laws/ New York -it says that it is legal to both possess and carry a switchblade in New York as long as you are hunting or fishing and have a current hunting or fishing license.
http://en.wikipedia.org/wiki/Switchblade#United_States

It then cites "penal law section 265.01, exemption 265.20 (6)
http://pweb.netcom.com/~brlevine/ny.txt
Click to expand...

There is also the "one-armed man" clause......
I live in upstate NY and i can tell you that if you are caught with a switchblade here, it will be confiscated as illegal and you will bear the burden of proving yourself right as a defendant in a court of law during what would most likely be a lengthy legal battle, fishing license and all. Yes i have talked to various members of the State and Local authorities.

I can also tell you that there arent very many people up here willing to bet
the farm and go hunting or fishing with a switchblade, fishing license, one armed or not.

The Government said:
On a side note, I thought it was legal in every state to own a switchblade as long as it is in your house and you never carry it.
Click to expand...
Not so, the various states all have their own laws regarding switchblades, none of it very homogenous.
 
Volk said:
Just got to exchange section here and buy from pp, its gonna be cheaper and they'd probably ship it to you, when you get it, be a bloody model citizen, and don't take out the knife out of your room.
Click to expand...

I don't plan to carry it outside of my home. I would love to order from someone here. But I would feel terrible if someone here shipped it to me and got busted over some stupid, over priced 2 inch knife that i don't really need. I have looked at some of the internet sites and most don't seem to mention anything about being in law enforcement.

Chinatown might work, but I am not looking for a shitty auto. I want a Protech. They make beautiful, high quality knives and warrant a place in my collection.

Don't get me wrong. I am asking basically to get a sense of how this works. I would probably not risk it. My farm looks pretty nice right now. No reason to let it go.
 
Karda said:
There is also the "one-armed man" clause......
I live in upstate NY and i can tell you that if you are caught with a switchblade here, it will be confiscated as illegal and you will bear the burden of proving yourself right as a defendant in a court of law during what would most likely be a lengthy legal battle, fishing license and all. Yes i have talked to various members of the State and Local authorities.

I can also tell you that there arent very many people up here willing to bet
the farm and go hunting or fishing with a switchblade, fishing license, one armed or not.


Not so, the various states all have their own laws regarding switchblades, none of it very homogenous.
Click to expand...

Thanks for that:thumbup:. It is an odd provision any way isn't it? Who wants to clean the fish guts out of an auto:eek:?

About the mail- as long as your dealer is willing to send the knife to you, there are not many reasons why you would get caught. I doubt any of my knife purchases have ever been checked. I am just not into autos. Like others have said, batteries are prohibited. In fact there are many prohibited items that get mailed every day -you'd be surprised. I know I was when I had to call the headquarters.

I talked to a lady who was able to summon the entire "prohibited items" list. These were items deemed hazardous. I was trying to mail some Fatwood to my Dad. Fatwood was not listed as prohibited, but guess what was? -Wood! Yes, wood is a prohibited item to mail! I had to ask the lady four consecutive times to make sure that I heard her right and even give her my own basic definition of wood just to make sure. She said, "yes, wood is on the prohibited items list." I still don't believe it. Think of all the things that are made of wood -even the packages are made of wood materials. You can mail hazardous items (not switchblades) only if you have a permit which is expensive and really only for businesses.

Switchblades are prohibited for a different reason obviously, but I thought I would share my dismay.
 
Last edited:
Bellasdaddy said:
Where did you get this from? LEOs are exempt.
Click to expand...

from what i understand LEO's are exempt only when buying an auto on official letterhead for use on duty, same with military, IIRC they would need authorization from the unit CO, so they are only exempt in certain scenarios.

in my state (TX) they are illegal to carry but not illegal for "collectors" to own, i have never found what exactly a "collector" is lol, how they define it, but i dont think they are goinna be getting search warrants and raiding folks homes looking for autos, not unless ya give them another reason to do that, if ya keep them at home and dont carry them i doubt ya will have any problems, of course ya do have to get them home from wherever ya buy them from (unless they are shipped to ya by UPS NOT USPS), i put mine in the trunk when i carry them anywhere, which is rare, honestly, i love autos and they are cool as can be but i have plenty of other legal stuff which will do most things better, so i just play with mine at home and carry my emerson custom '13 or my spyderco Ti ATR when "out & about".
 
Last edited:
Karda, it would seem strange that any LEO would state they would arrest you for legal possession of anything? The law clearly states you can own a switchblade in NY for use while hunting/fishing/trapping ( PL 265.20#6). If you were arrested then the officer would be in subject to many legal ramifications himself. The law is the law. How do you obtain a switchblade in NY ? You can not leaglly buy one unless you are one of the few listed persons who can. If you "have" one and have a valid hunting/fishing/trapping/ license then you can have it in your house, and carry to and from those activites. I am a former NYC LEO who went four ranks up the ladder, so I think I can speak well to this law....The one arm part is not in NY law ( only federal law). I am not saying some local officer, or state trooper did not tell you that he would arrest you, but the arrest would not be valid. Officers tend to believe they hold the only right to possess any weapons, but that is not the case. When the museum exception was added a few years ago, the state assembly quoted in the proposed law that only licensed fisherman and hunters could own them. Print out a copy of the law and that statement from the assembly, as it is a affirmative defense in NY to do something that the enforcement agency states you can do, and you acted in the belief you were following that directive....If I find the link to the assembly law nots I will post it....

There are many guns stores that sell them on Long Island ( to LEOs).....
 
Last edited:
The Government said:
I talked to a lady who was able to summon the entire "prohibited items" list. These were items deemed hazardous. I was trying to mail some Fatwood to my Dad. Fatwood was not listed as prohibited, but guess what was? -Wood! Yes, wood is a prohibited item to mail! I had to ask the lady four consecutive times to make sure that I heard her right and even give her my own basic definition of wood just to make sure. She said, "yes, wood is on the prohibited items list." I still don't believe it. Think of all the things that are made of wood -even the packages are made of wood materials.
Click to expand...

The only reason I can think of to prohibit shipping wood is because of insect larva that is sometimes inside it. They are asking people not to haul firewood out of counties now in my area, because of the emerald ash borer.
I think it's unlikely the postal service enforces a ban on shipping all wood products, but it may be banned item in case they needed to enforce it.
 
Bellasdaddy said:
Where did you get this from? LEOs are exempt.
Click to expand...

From the federal law. No individual is exempt. An LEO may be allowed to carry an auto by state law but a dealer is prohibited by federal law from shipping it across state lines to an individual. To be legal, the LEO needs to buy it from a dealer in the same state or to have the department buy it for him from an out of state dealer by purchase order. The law is very clear. Not easy to misinterpret at all. I'm not suggesting the federal law isn't broken every day. It is. But it is as clear as bell. It is also clear as a bell that knife laws are dinosaurs to be sure.
 
tom19176 said:
Karda, it would seem strange that any LEO would state they would arrest you for legal possession of anything? The law clearly states you can own a switchblade in NY for use while hunting/fishing/trapping ( PL 265.20#6). If you were arrested then the officer would be in subject to many legal ramifications himself. The law is the law. How do you obtain a switchblade in NY ? You can not leaglly buy one unless you are one of the few listed persons who can. If you "have" one and have a valid hunting/fishing/trapping/ license then you can have it in your house, and carry to and from those activites. I am a former NYC LEO who went four ranks up the ladder, so I think I can speak well to this law....The one arm part is not in NY law ( only federal law). I am not saying some local officer, or state trooper did not tell you that he would arrest you, but the arrest would not be valid. Officers tend to believe they hold the only right to possess any weapons, but that is not the case. When the museum exception was added a few years ago, the state assembly quoted in the proposed law that only licensed fisherman and hunters could own them. Print out a copy of the law and that statement from the assembly, as it is a affirmative defense in NY to do something that the enforcement agency states you can do, and you acted in the belief you were following that directive....If I find the link to the assembly law nots I will post it....

There are many guns stores that sell them on Long Island ( to LEOs).....
Click to expand...

Tom,
Being a ranking officer you are well aware of how NYS carries itself in regards to this. In state you can only legally buy an auto if you are LEO or military with procurement orders. If you import from out of state, you have already broken the federal law. In many officer eyes here, if you are in posession of an auto and not law enforcement or military you have obtained it by some illegal means and they will be more than happy to dispose of it for you and happily allow you the chance to show up in court to plead your innocence and change the law, putting a monetary/legal burden and that of proof on you. So far the law hasnt been changed and those charged with the crime of posession of an auto are usually convicted or end up pleaing to a lesser charge.
 
Karda, perhaps it is different upstate, but on LI and NYC the law is enforced how it is written, and they love to call any locking blade that you can flick open a gravity knife, but if you meet the exception for 265.20#6, then there is no law broken. The selling and transfer is illegal, but in the CPL defintion of the term "dispose of" buying or accepting is not included in that term. The seller is guilty only in the transfer. I have seen a collector get over 40 switchbaldes returned a day after having them taken from his home in Nassau county, due to his fishing license ( this was about 3 months ago). We could debate all day, and it would seem we have seen different enforcement, but the DA's office has the burden to follow the law, and it would hard to believe an ADA procedeing with an indicment if the correct law is reviewed....I spent well over 20 years in enforcement and courts, so I can tell you what has actually happened down here.....
 
You must log in or register to reply here.
Back
Top