Is it legal to use throwing knives in my backyard in NYC?

C

coolduderules

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Jun 14, 2016
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I am about to make a purchase of 3 different throwing knives but before I do I want to ensure that it is legal to throw them in my backyard. I have absolutely no intent of using these against someone in any way, whether its as a joke, or serious. The three knives are all cold steel knives, specifically the Cold Steel 80STK10 Mini Flight Sport Knife, the Cold Steel 80STK12 Sure Flight Sport Knife, and the Cold Steel 80STK14 Pro Flight Sport Knife. Could anyone tell me if i am allowed to do this? I will be throwing at a target on a brick wall, facing away from my neighbors in a space of around 20 feet.

Thanks,
CoolDudeRules
 
No disrespect intended but if several people chime in and say it is OK or alternatively say it is a violation of law what will you do? If five people say it is OK and three say it is a violation will you follow the majority?
 
My relationship with my neighbors is fine my main concern is that the knives are 10+ inches long. Assuming my neighbors are ok with it and my use of it doesn't break any laws, is it legal for me to possess and throw it? I'm not taking this out on the streets I just want to throw it in my backyard.
 
I would look into the state laws online, or even ask a police officer. I know in Ohio you cant carry auto knives, but they are still legal to own. I would assume you would be allowed to own them and throw them if its private property, but im only assuming.
 
In public view in NYC you will be charged with reckless endangerment and possible weapons possession ( CPW #4 for a "dangerous knife")....Now in you basement or garage while you would not possibly endanger anyone else you MAYBE ok. No one who understands the way NYC goes after knives and what they deem to be reckless behavior can tell you it is ok. I advise NOT to get them in the area you live in with today's NYC enforcement policies.....

See the BROAD wording of Reckless endangerment:

http://ypdcrime.com/penal.law/article120.htm#p120.20
 
Thanks for the link. What did you do to enforce the law? How would you analyze the OP's situation and how it sits with the statute? Does the case law support this as it relates to the facts posited by the OP's post?
 
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I'd be more worried about ricochet. Them knives have a mind of their own sometimes.
 
I agree but a ricochet would appear to be more related to civil liability rather than a criminal offense.
 
Read the law I posted. It is VAGUE to be all inclusive. Most property lines in residential areas in NYC have a width of 45 to 60' and 100' depth. Throwing a knife outdoors with those land boundaries??? What do you think?? Case law for this charge is all over the place, and the only binding law would be from the Appellate Court in NYS. Based on the name the OP picked I can only assume he is somewhat young. This is a case that has too many variables including the need for an officer to formally submit a conclusion to a call about him throwing a knife in his yard, and the fact that this if he does not take action, and someone is hurt later on there will be a negative impact. Simple response to a question like this is DON"T do it it in today's NYC. As a side note, many knife dealers will not send throwing knives to NYS. The law prohibits throwing stars,but not directly throwing knives. Dicks Sporting goods sells them in NYS, so it is hard to say why other feel they are not to be offered for sale.That is all for me on this one....Ask the DA in the Boro of NYC you live in and get the response in writing. If they say you can do it then it would be an affirmative defense but I would NOT move ahead with this plan...
 
Thanks for your response but I made and make no assumptions about the poster based on his username, let alone his age or what that has to do with this discussion. I believe the OP wanted to know whether or not he could do what he proposed to do based on the law. Of course the easy answer is yes or no but the devil is in the details. Why would it be OK or not OK? Yes the "simple answer" is "Don't do it" but that does not answer the question.

As far as asking the DA in the Borough of NYC or anywhere else for an "advisory opinion" as to whether a proposed act is a criminal violation I have never, ever heard or seen of any DA proffering such an opinion, nor even assuming a DA would offer such an opinion a case wherein a court opinion exonerated and excused a defendant from criminal activity because the DA (or a cop or anyone associated with law enforcement) said it would be OK. Check out the state and Federal Court Rules and let me know where it states that an affirmative defense to a criminal act may be based on an opinion of a prosecuting attorney or a cop. Do you have any authority to the contrary?
 
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Age does matter as anyone 16 or younger has a different standing in NYS law concerning knife possession. The DA does often issue an opinion when not requested directly for a single case. I have been given many of them, and my son just finish his four year degree in CJ and was given several as part of his classes. The last part of the response to your question requires you to read and understand this: ( Pl 15.20#2 D)
http://ypdcrime.com/penal.law/article15.htm I guess you learn something new everyday right?
 
Thanks again for the citation. Yes I read and understand this. I have been practicing law since 1977. Where in the link provided is there any mention of exculpation, exoneration or a defense to a criminal act based on an "advisory opinion" of a prosecuting attorney or a law enforcement official? Congratulations to your son for his degree.
 
The DA, a police officer and other person fall into the group listed. It does say that :
" an interpretation of the statute or law relating to the offense,
officially made or issued by a public servant, agency or body legally
charged or empowered with the responsibility or privilege of
administering, enforcing or interpreting such statute or law." This pretty clearly states that an interpretation issued by one of those listed is a affirmative defense. I have had this reviewed by several ADA's over the years. They have agreed that a written interpretation confirming an act is legal is an affirmative defense http://ypdcrime.com/penal.law/article25.htm
For the last several years now, I manage shopping malls in NYC and NJ and PA. I have about ten lawyers that work with me....I knew you were one! ( good hearted joke ). Thanks for the Congrats for my son.....
 
Just adding the part before the above:

A person is not relieved of criminal liability for conduct because
he engages in such conduct under a mistaken belief that it does not, as
a matter of law, constitute an offense, unless such mistaken belief is
founded upon an official statement of the law contained in (a) a statute
or other enactment, or (b) an administrative order or grant of
permission, or (c) a judicial decision of a state or federal court, or
(d) an interpretation of the statute or law relating to the offense,
officially made or issued by a public servant, agency or body legally
charged or empowered with the responsibility or privilege of
administering, enforcing or interpreting such statute or law.
 
tom19176 said:
Just adding the part before the above:

A person is not relieved of criminal liability for conduct because
he engages in such conduct under a mistaken belief that it does not, as
a matter of law, constitute an offense, unless such mistaken belief is
founded upon an official statement of the law contained in (a) a statute
or other enactment, or (b) an administrative order or grant of
permission, or (c) a judicial decision of a state or federal court, or
(d) an interpretation of the statute or law relating to the offense,
officially made or issued by a public servant, agency or body legally
charged or empowered with the responsibility or privilege of
administering, enforcing or interpreting such statute or law.
Click to expand...
Sweet. The bold part means if my sheriff says it's cool then it's cool even if he might be wrong?
 
Thanks again for your citation, however what you have cited is totally out of context and the law and interpretations thereof by courts. Nice try my friend based on statutory language without any legal education or background but your interpretation is erroneous. Give me a citation to a case in which a court has exonerated a defendant based upon a cop or DA giving an advisory opinion that such conduct is OK and is a defense to a criminal prosecution. Gee whiz, the DA said I could kill the guy. If that is your defense then you will be spending a lot of time behind bars trying to figure out what happened.

Absurd examples, but which are provided for illustrative purposes:

Question to Mr. or Ms. DA or a cop:

My significant other is running around on me. Can I kill him or her? Yup ace him or her.

My neighbor has been stealing stuff from my premises? Can I enter upon my neighbor's property and take something of equal value? Yup take what you want.

My tenant refuses to pay rent? May I kidnap his kid and hold him or her until my tenant pays the rent? Yup take the kid and don't worry about it.

Find me one, single case in the entire country which proves your point and I will concede.

I just had a case this past week wherein a local cop told my client it would be OK to shut off water to a tenant. The landlord supplied the water as part of the rent and the tenant was in arrears. The cop told my client "The electric company shuts off electricity if someone doesn't pay so you can shut off the water." I told my client never to rely upon legal advice supplied by a cop. He did and paid the price because the cop, as helpful as he was trying to be did not have a clue about the law.

I appreciate the forum but this particular subforum can be dangerous as it relates to legal issues which are answered by people with no real knowledge or understanding of the law other than reading statutes.

All the best my friend.
 
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