Is this legal in NYS (upstate, not NYC)?

[wiiawiwb]

ESEE HEST:

http://www.eseeknives.com/dpxgear.htm

 

[Esav Benyamin]

Welcome to Bladeforums!

It's legal upstate. Technically, it's legal in NYC also, but I wouldn't want to get caught with it.

 

[charlesbjr]

ESEE HEST:

http://www.eseeknives.com/dpxgear.htm

I go upstate with similar knives. Some bigger, some smaller. However, I take them with me only when hunting/fishing, with a valid license of course. You should be ok if in the woods.

 

[wiiawiwb]

What concerns me is whether the pointed protrusion on the handle's end could be deemed a "dangerous knife" pursuant to Penal Law Section 265.01(2):

§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth degree when:
(1) He possesses any ... gravity knife, switchblade knife, pilum
ballistic knife, metal knuckle knife, cane sword, ... shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or

 

[charlesbjr]

What concerns me is whether the pointed protrusion on the handle's end could be deemed a "dangerous knife" pursuant to Penal Law Section 265.01(2):

§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth degree when:
(1) He possesses any ... gravity knife, switchblade knife, pilum
ballistic knife, metal knuckle knife, cane sword, ... shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or

I always wondered about a pointed pommel or some other unusual shape. I have a Gerber Prodigy that I like to take hunting, but the pommel has a little bit of a point. I was thinking about just grinding it down.

 

[Esav Benyamin]

That's the problem with vague definitions and unfriendly jurisdictions. Even if you took the scraper off the HEST, NYC would look at the funny notches on the blade and say it looked dangerous.

 

[wiiawiwb]

Both of you are spot on. I spoke with someone high up within the NYS State Police and what he told me was frightening. We spoke about NYS's definition of a "gravity knife" which is illegal to possess and a felony to do so.

Based upon what I've read, it means that if you can take a folder and flick your wrist, as violently as possible, and the blade unfolds and locks, it is illegal to possess. A felony.

He gave the example of a boys scout who might use his folding knife often, keeping it oiled all the while. If the tension weakens, through continued use, it might allow a Trooper to grab the scout's knife, "flick-the-wrist" and cause the blade to open and lock.

He said that was illegal even if the boy scout's folder couldn't unfold when purchased. Enough already.

It makes one take serious pause when buying any knife.

 

[tom19176]

The law is only for locking folders so unless the boy scout knife was a locking one the Trooper is not correct, and it can be a felony if you have a prior criminal record, but if you do not then it is a class A misd, which is still a serious charge. It is rare that a state tropper would go after a gravity knife charge unless it was an add on as this tends to be a NYC way of law enforcement, but it is a state law so anything is possible. There have been more of these cases in other parts of the state as time goes on. The safest bet is to always carry a knife that complies with the law, and I suggest taking up fishing/hunting/trapping as you can own a gravity knife or switchblade if you have a license for those activites. That does not cover 24 hour carry, but possession in your house as part of your equipment....

 

[stealthchaser13]

ESEE HEST:

http://www.eseeknives.com/dpxgear.htm

the HEST is New York STATE legal...as for NYC, I wouldn't.

As for the dangerous knife thing, I highly doubt any officer (short of NYC) would have anything to say about it.

 

[wiiawiwb]

I've read several court cases and, if I am reading it correctly, the courts ruled that it wasn't enough to merely be in possession of a "dangerous knife". The DA had to prove possession of a dangerous knife with intent to use the same unlawfully against another.

That's a sigh of relief.

 

[tyr_shadowblade]

Both of you are spot on. I spoke with someone high up within the NYS State Police and what he told me was frightening. We spoke about NYS's definition of a "gravity knife" which is illegal to possess and a felony to do so.

Based upon what I've read, it means that if you can take a folder and flick your wrist, as violently as possible, and the blade unfolds and locks, it is illegal to possess. A felony.

Class A misdemeanor, unless you have priors. Still, up to a year in jail and 3 years probation.