knife laws in NY and NYC - transporting a knife in baggage as a foreigner?

s_f

Joined
Nov 17, 2009
Messages
239
Hey,
my brother is a visiting student in Ithaca, NY and he's coming home (to germany) in a few weeks. So I thought he could bring me a Doug Ritter (Mini-)RSK Mk1 (its much cheaper to buy knives in the US and i'm not sure yet if i want the mini-RSK or the full size - would there be a legal difference between these 2 knives?).

But: Could there be any trouble with the law if he receives the knife by mail and puts it in his baggage when he's going to the airport in NYC?
I'm concerned because i read that the posession of "dangerous knives" is prohibited - so is this (mini-)RSK MK1 a dangerous knife?
And is it a weapon? (in my view it's a tool - but do customs and police officers share this opinion?)

Ok. I hope that was not too hard to read and to understand.
Thank you for any answers! :)

Simon
 
Let me preface this by saying that I'm not a lawyer and I don't even live in NY, but.....

If the knife is in his checked baggage then I don't think it would be a problem on the U.S. side. I don't know about when he reaches Germany. The restrictions in NYC (as far as I can understand them) relate to carrying knives on your person. I don't think they would apply to a new knife in the box which is in a suitcase, briefcase, etc.

I don't think either of the knives you mentioned would pose a problem if they were in his baggage. I think only knives that are prohibited outright like switchblades would pose a problem. In fact, it would probably be okay to put bayonets, swords, etc in checked baggage without any problem.

I hope it works out for you and welcome to the forum.
 
Esavs right (as usual), he should be good to go. Unless some sticky fingered baggage handler decides he wants it. It would almost be safer for you to have him ship it to you insured, that way if it comes up missing you have a chance, at least, of being compensated for the loss.

Which school is your brother attending? Cornell or Ithaca College? I'm a stones throw away from both.
 
I hope it works out for you and welcome to the forum.
Thank you!

And thanks to all of you for your answers! :) I feel much better about these things right now ;)

Now i have to get to a lecture - so have a nice day! :)

Simon

PS.: @ Karda: he's attending cornell

//edit: Thank you, Karda - i'll pass it on! :)
 
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It is possible that the RSK (we're talking about the folder, right?) could be construed as a gravity knife per the penal code definition (through accepted caselaw); as long as it could be opened by centrifugial force (either by opening the handle or blade by a wrist flick, and locks upon opening). Also remember that the penal law prohibits posession of weapons, not just the carriage of weapons. Posession means that the implement in under an individuals control or dominion.

The CPW law is applicable statewide, not just in the City. However, enforcement tends to be more common and strict there. It is within the realm of possibility that he could be arrested if the knife was found in his checked baggage (and the baggage screener reported it to PAPD and the officer handling the case believed that it was a weapon covered by 265.01.
 
I don't know too much about international flights but I would think that the same rules SHOULD apply as in domestic flights. I live on Long Island and have to fairly frequently fly back and forth to school in buffalo. I have a small swiss army knife with about a 1.5-2'' blade which i kept on my keys and another "main knife" which is usually some sort of locking blade about 3 inches long. I will always put them in my checked bag and for the most part I wont have any problems.

However there was one time I had my main knife "removed" from the bag to never be seen again. It was a cheap 3" lockback knife. I am certain it was in there I i had purposely put it in the button-able pocket of a pair of cargo shorts such that there was no way it could accidentally fall out or even be grabbed quickly.

Anyways when I got off my flight and realized it wasn't there I talked to the lost and found service (not having very high hopes). They said that had it been legally confiscated they would have had to have left a note saying something along the lines of "Haha we stole you're shit and there is nothing you can do about it! -TSA" but I received no such note. I find it hard to believe that it magically feel out and like I said it was a really cheap knife (I think i bought it off my friend for a dollar) so I cant see how it would be a high profile target for petty theft but regardless its gone.

Long story short I think you should be fine with just putting it in your checked bag but be aware of the risk.
 
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