Knife law in NYC

A

as9894

Joined
Jan 8, 2005
Messages
7
Hi ,

Here is reference to NY state and NYC laws that I found.

http://pweb.netcom.com/~brlevine/ny.txt

Based on what I read it is my understanding that all one-hander knifes that are liner-lock of frame-lock types are illegal since both of these types utilize tensioned part that assists the opening of the knife.

Am I correct? If yes, are there any one-handers that are legal in New York City?
 
Uh, the tension assists in keeping the knife closed, by way of a ball detent. There's nothing about the frame or liner lock that assists on opening it. Unless it's assisted like a Kershaw SpeedSafe,
 
Also discussed in thread: Shop Talk\Bladesmith Q&A - A Website We All Need To See begun by P. Nap

New York City is a little odd on this. Open carry of a sheathed knife, folder or not, is technically not allowed. However I see a number of electricians, construction workers, and other tradesmen carrying Buck and Shrade folders in sheaths without any problems from the police.
Here's what I found in NYState/City Codes:

Per NYC Administrative Code Paragraph-10-133 and 134:
"It is hereby declared and found that the possession in public places, streets and parks of the city, of large knives is a menace to the public health, peace, safety and welfare of the people of the city;"... and that possession of such knives "encourages and fosters the commission of crimes".."It is further declared and found that the wearing or carrying of knives in open view in public places while such knives are not being used for a lawful purpose is unnecessary and threatening to the public and should be prohibited".
"It has been found that folding knives with a blade of four (4) inches or more that locks in an open position are designed and used almost exclusively for the purpose of stabbing or the threat thereof."
Basically...
It makes it illegal to carry a knife of over 4" blade length (but NYPD posted at one time in their HQ either "2- or 3-fingers" - guess it depends on how fat your fingers are). Also included is any knife where the blade locks into position and cannot be closed without release mechanism.

Sets lawful possession for military, police, participants in special events (theatrical groups, drill teams, parades), those authorized by Federal Law, EMS technicians on duty, Boy Scouts and Girl Scouts (ok that's an odd choice), or, "when it is being used for or transported immediately to or from a place where it is used for hunting, fishing, camping, hiking, picnicking or any employment, trade or occupation customarily requiring the use of such knife" or "a place of purchase or repair" (whereupon it must be wrapped to prevent easy access).

There does appear to be some leeway for legal carry (at least of small knives) but not much.

See the NYC Administrative Code Chapter 1 Title 10 (Public Safety) Paragraphs 133 and 134:
http://public.leginfo.state.ny.us/m...OMMONQUERY=LAWS
Keyword Search: Knives
or
http://public.leginfo.state.ny.us/menugetf.cgi
and go to bottom of page and select "ADC" then go to Chapter 1
 
Thanks for your reply.

I am trying to figure-out what is allowed in NYC by figuring-out what is not allowed.:)

Not allowed any knife with blade 4 in and more, “switchblade”, “gravity knife” and “pillum ballistic knife”.

Here are the definitions from the law:

- Section 265.00 4. "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. 5. "Gravity knife" means any knife has blade which is released from the handle or sheath thereof by the force of gravity of the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever, or other device. 5-a. "Pilum ballistic knife" means any knife which has a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife.

It looks like all one-handers are not allowed since based on that definitions they falling into categories of switchblades.
 
I don't think all one handers could be classified as switchblades. They are opened by means of either a hole in the blade (Spyderco for example) or by a thumbstud on the blade. They do not have "a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife." Spring assisted knives may or may not fall under this definition, but not one handed openers.
 
I would say yes, it is legal, but 3 13/16" is awfully close to 4", and it looks "tactical" or "scary". Not that it should matter, but it does. Also, many LEO's use the 4 finger rule as opposed to actually measuring the blade. I am a small person, and my fingers only measure 3 1/4" across.

I carry a Fallkniven U2. 2 1/2", locking blade, very light. Not easily one handed opening (nail nick), but by grabbing the blade between my thumb and middle finger, I can open the blade with one hand. Meets all of my needs and is about as non threatening as possible. Sharp as hell.

If I need something larger, I use this CRKT Lakes PAL knife. http://www.knivesplus.com/crkt-lakes-pal-knife-cr-7233.html. I can open it easily one handed (same way as described earlier) although it has a nail nick. Looks kind of old fashioned and reasonably innocuous. Having lived in NY all of my life, I have had to find a way to have my knife and not worry excessively if I was ever stopped. I've been carrying since I was a kid. I am almost 58 years old, and have never been stopped. Went through the NYC school system, kindergarten through City College.
 
Won't one- handed openers fall into the category of gravity knives and therefore be prohibited?
"Gravity knife" means any knife has blade which is released from the handle or sheath thereof by the force of gravity of the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever, or other device
I worry about this "centrifugal force"- my Benchmades can easily be opened this way :(

On the other hand:
It shall be unlawful for any person in a public place, street or
park, to wear outside of his or her clothing or carry in open view any
knife with an exposed or unexposed blade
Does this mean that carrying a folder with a less than 4 inch blade inside my pocket is OK ?

Best regards, Thufir
 
I would say that carrying a folder of less than 4" in your pocket is OK. I have done that for many years in NYC.

As for the "gravity Knife" question, it is a debateable point. I have several one handed openers where I have tightened the pivot screw to the point where they still open relatively easily with one hand, but are not that easy to "flick" open. It's a delicate balance.

The basic question is this: If you are using or intend to carry a knife in NYC, what is its intended purpose. From the point of view of the LEO, for all "non aggressive or non defensive" purposes, you really don't need a knife that can open with the flick of a wrist. It is illegal to carry a knife for agressive or defensive purposes.

I agree, that while working on a ladder on a construction site, as an EMT, or in any other situation of that type, a one handed, flickable knife is nice to have. I have several and use them when working around the house or yard. And there would probably never be any problem using one on the job if you work in construction or some similar type of occupation. However, when you are walking down the street, in a restaurant or movie theater, in the park etc., you don't need one. An ordinary, plain old, pocket knife is likely to be adequate for all of your needs and acceptable to a LEO. So stow the one handed, easy open knife in your tool box when not working. When strolling down Broadway, carry a knife that won't cause any raised eyebrows if you are searched for any reason. There are many, many to choose from.
 
I have done some searching and cannot find it, so I won't swear to it. I am fairly certain I have seen it written before. Maybe case law, not in a statute. All I can say is if ever stopped and searrched, I certainly wouldn't say I am carrying a knife for self defense.

Perhaps a lawyer or LEO can do a better job of answering this than I am. I am neither.
 
My father who was a cop for 30 years here in New York pretty much told me you cannot legally carry anything here in NYS for protection that is considered a weapon, including a knife, mace, or even a hammer or twig. I'm not too sure how right that is but I tend to believe him after hearing about some arrests that have been made.
 
Right,
You better have a good reason to carry a knife or any weapon... if you get stopped and the cop asks about your knife... and you reply self defense, you're getting locked up...
 
Thanks for your reply.

I think you are probably right. Knowing our liberal laws here, I would expect something like that in NYC.:)
 
"you cannot legally carry anything here in NYS for protection that is considered a weapon, including a knife, mace, or even a hammer or twig" - nelsonmc

Seriously?? you cant carry MACE?? It's defensive! While you can blind the hell out of someone with mace, it is in no way a deadly weapon. The only way you can make a can of mace deadly is if you choke someone with it, or put it into a sock and beat the hell outta some schmuck. I can't believe it's illegal to carry pepper spray. Anyone who knows for sure, please answer.
 
You can carry pepper spray so long as you are not a convicted felon. The law changed to allow this about six years ago. Most of the above knife info is not correct either.......There are legal knives you can carry in NYC......
 
Small pocket knives seem to be OK, but the code does state any lockable knife is not 'allowed'. Here's an interesting story.

One summer night a number of years back when I was still in college, a classmate and I were driving home from a party when we pulled into a gas station around midnight. We were talking about a class project and after about 15 seconds, both of us got out of the car and started walking up to the attendant's booth to pay. We paid for the gas and then filled up, commenting on how nervous the attendant looked. As I lived just two blocks away I decided to walk so my friend could easily continue on into Brooklyn. Just as I began to walk away, 5 police cars zoomed into the station and surrounded us (a few others drove on). Guns drawn, they told us to stop where we were. The Korean guy in the bullet proof booth must have freaked as soon as he saw us stop (my friend was Puerto Rican, I'm white) and hit the alarm.

When one of the officers asked if I had any knives on me I answered yes. After asking where, he told me to take it out slowly with one hand. I pulled out this little 2-1/2" liner lock. Looking it over, and almost giggling as it was about stone blunt, he asked "What's this for?", I replied cutting open boxes string and envelopes and occasionally lunch. He then asked if I had any others, to which I replied yes, and pulled out a box of about 10 miniatures I was working on and had shown to a few friends at the party. Then he really cracked up. There were a few more questions, then came a shots fired call, he tossed me the knife back and let us both go.

As it turned out they were responding to a grocery store robbery, about 6 blocks from the party we had just left, when they received the silent alarm from the gas station.
 
You must log in or register to reply here.
Back
Top