Is assisted opening ok in NYC?

[Kunsthaus]

Are assisted openers like Kershaw's Ken Onions or CRKT's outburst ok to have in NYC? Are they considered automatic knives?

 

[mp510]

They can easily be opened by centrifuguial force, so they would be considered gravity knives, without a doubt. Carrying a gravity knife constitutes Criminal Posession of Weapon (4th IIRC) which can be charged as an A Misdomeanor or D Felony, depending on whether or not you have a prior record.

Also, remember, in NYC, it is a violation of the Administrative code (punishable by a fine and up to 15 days) to carry an exposed knife- including clipped to your pocket.

 

[carrot]

While technically legal I would not risk it. We have enough problems with cops taking manual folders...

 

[Reffy]

They are very much not legal, under virtually any circumstances. You will be taking a significant risk by carrying one.

Keep in mind I understand that NYC's laws are very much different than New York state's. You would like information on that as well?

 

[tom19176]

By defintion they are legal in that you push a flipper or lever on the blade and not the handle of the knife and they need a push to open, so they technically are not switchblades, but as mp510 has very correctly stated, any knife that can be flicked open is a gravity knife reguardless of how it is designed to open. I could also see the dangerous knife defintion come into play if any level of intent is involved ( self defense equals intent).

About five years back I did ask the NYPD legal dept about their view of assited openers, and without a second of thinking the reply was gravity knife possession. This is the inhouse legal department that officers use and this is what they will be told.

 

[Metis]

if there's a flipper protruding -through- the handle, it's an easy argument for it being a switchblade.

 

[tom19176]

Metis, interesting view. The flipper is a part of the blade and not a part of the handle. Your view would most likely allow for the thumb stud to be viewed the same way. I think that would be a call from a judge either way...this is the wording ..."Switchblade knife" means any knife
which has a blade which opens automatically by hand
pressure applied to a button, spring or other device in
the handle of the knife.

I tend to think it is a bit hard to easily make a flipper or thumb stud fit into the definition, but they all flick open, and therefore are gravity knives anyway.....

 

[JTR357]

You can carry any knife you want in NYC...as long as it can not be seen,including the clip.

 

[tom19176]

JTR357, not legally !!!!! Sure you can carry a handgun in NYC too if you want to learn how to make license plates upstate !!!

 

[JTR357]

JTR357, not legally !!!!! Sure you can carry a handgun in NYC too if you want to learn how to make license plates upstate !!!

LOLI'm sorry guys.It just seems everyday there's a new NYC carry thread. Seems to me no matter what you carry there(whether it's a chive or a 11" italian stilletto),you could find yourself at the mercy of the system.Carry what you want & ALWAYS refer to it as an edged tool. if asked.

 

[Metis]

Metis, interesting view. The flipper is a part of the blade and not a part of the handle. Your view would most likely allow for the thumb stud to be viewed the same way. I think that would be a call from a judge either way...this is the wording ..."Switchblade knife" means any knife
which has a blade which opens automatically by hand
pressure applied to a button, spring or other device in
the handle of the knife.

I tend to think it is a bit hard to easily make a flipper or thumb stud fit into the definition, but they all flick open, and therefore are gravity knives anyway.....

for a stud i agree but the flipper, whether part of the blade or not, protrudes from and is accessed from the handle.

it's a crappy possibility, but one of our officers is married to an ADA and i've had enough conversations with her to know that she'd totally go for it. especially when you're trying to pile on charges for someone that was committing another crime while in possession of said knife.

i'm really just playing devil's advocate here. i don't forsee it happening, i just think that a very aggressive prosecutor with a little knife savvy could make the case.

 

[tom19176]

Metis, I think we are on the same page. I worked for the city is the 1980s and that is near the time when the whole gravity knife definition changed to include any thing that flicked open. I do believe that many times this charge was added as you stated to load up the charges against someone who had committed a robbery, assult or murder. THere were many times when an armed robbery was committed against a tourist with the belief that even when a suspect was caught, the victim would not return for trial, so making a weapons charge stick was one way to make sure an armed robbery suspect actually got some jail time. The problem with this method is once a weapon is defined by case law as a listed prohibited weapon ( gravity knife) then the arrest for simple possession becomes valid. I must say with weapons I have always felt the mere possession should in almost all cases not be a crime ( remember the totally abused Second Ammendent?). Most of my friends who stayed on with the city have moved far up the ranks and all agree that any weapons charge is a "good" arrest these days in NYC......