Knife laws in NY

The same is true of common pocket knives everywhere except New York City. It doesn't matter that there's no law against carrying flashlights if the cops arrest you for brandishing a deadly weapon or making terrorist threats or something. Sure, it would be total BS, but so what? So are their "gravity knife" arrests. It won't save you the arrest and the thousands of dollars in legal fees.

My point is that if you want to carry something to defend yourself (and I certainly think everyone should!) it's better if it's something that's not even visible instead of something big and obvious that screams "weapon" to every cop who glances in your direction.

Actually, this brings up an interesting question which I haven't seen answered in any of the various threads here about what the cops and the DA there are up to: Has this actually gone to trial against anyone rich enough to afford to defend themselves?
 
Grey_Lens said:
I certainly do not know for sure that no one was ever arrested solely for carrying a flashlight, but I never heard of it happening. Maglites are on sale in every Loews, Home Depot, Target etc., and there is no age restriction. An eight year old is allowed to purchase a flashlight.
If all you are guilty of is carrying it, I would have no qualms about it.
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I carry a 4D Maglite when walking my dog at night. I replaced the stock bulb with a Malkoff module (Malkoff devices). It gives you great light that will serve you well.
My concern was dogs off leashes in my area. My wife was attacked by a Great Pyrennes that got loose from it's master in the snow. Neighbors have been attacked by pit bulls or rotweillers. Since then, I have carried something to protect my dog when walking him.
Once a dog ran up to us from behind. I turned around and the bright light from the modded Maglite made the dog jump and run off. I wouldn't bet that this will always happen, but the light is big and heavy.
 
Grey_Lens said:
Actually there is no thumb stud and the synthetic handle is lighter than the blade, no gravity knife bullshit is possible. These are no longer marketed, but can be picked up cheap on EBay.
If your knife looks like a tool and you don't have an attitude you should have no trouble. If you look like a gang banger or act like it is automatically a confrontation if a police officer talks to you or your blade looks like you want to be Rambo, expect trouble.
A "GENUINE" smile and nod of hello will go a long way to taking you off their radar, but you will have to learn to be truly at peace with their presence. If you can't, just be neutral, so unconcerned by their presence that your attention is not drawn to them, then theirs will not be drawn to you.
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+1 on this.
 
1. Carrying a fixed blade on your person in NYC is illegal in and will result in your immediate arrest if discovered. Blade length does not matter.

2. A spring assisted blade will most likely (always) be interpreted as a switchblade in NYC and also lead to your arrest.

3. A folder is legal but must be UNDER 4".

4. If the blade can be flicked open to a locked position by gripping either the handle or the blade it will most likely be interpreted as a gravity knife and will most likely lead to your arrest.

5 No part of the knife nor the belt clip may be in plain view.

6. You can not use the knife for any unlawfull activity.



My suggestions if you want to carry a tactical folder in NYC is to:

1. Keep ALL parts of the knife concealed, even the clip. What they don't see they can't arrest you for.

2. Make sure the blade is UNDER 4".

3. No spring assist.

4. Torque the blade tention so that the knife can not be 'flicked' open to a locking position under ANY circumstances (even while gripping the blade.)

5. And for Gods sakes NEVER state that you carry the knife for "self defense".


Manhattan is the district you need to worry about most, specifically the MTA (subway) police. Recently in a Bronx court I was given a reciept for a knife (meeting to above criteria) and it was returned to me without incident.

Having a clip or part of a handle exposed is illegal but not a criminal offence, but it may however (will) justify a search. If the knife does not meet the above criteria, expect to be arrested.

Always be polite to the officer(s) in question. It may be best to play from the part of ingnorance, especially if you are a tourist from out of state... "But officer, I was told that this was legal to carry...etc. (Arresting tourists is very bad for NYC business.) Hopefully you will get off with a warning or just have the knife confiscated, but don't count on this to protect you from carrying a blatently illegal knife.

Hopefully you will just get the blade confiscated and not be arrested. IF YOU ASK FOR A RECIEPT THEY WILL PROBABLY ARREST YOU. They will not grant a reciept etherwise. DO NOT ASK FOR A RECEIPT IF YOUR KNIFE IS BEING CONFISCATED AND THE POLICE ARE LETTING YOU GO!

Speaking from second hand knowledge... YOU DO NOT EVER WANT TO GET ARRESTED IN NEW YORK CITY! I have been told that the ordeal lasts from 24-36 hours and in very insanitary conditions.

If your knife does get confiscated, you can contact the CCRB (Civilian Complaint Review Board) and Internal affairs to get your blade back LATER. Do not make an issue about it with the officer in question, just DISCREETLY memorize his/her badge number and file a complaint later.

Confiscation without an arrest may prove to be a problem for the officer in question and work in your favor especially if the item was not declaired as evidence (i.e. he/she stole your knife.)

If you follow the above guidelines, an attorney has told me that there should be no actual problems carrying a knife in NYC.
 
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arty said:
I carry a 4D Maglite when walking my dog at night. I replaced the stock bulb with a Malkoff module (Malkoff devices). It gives you great light that will serve you well.
My concern was dogs off leashes in my area. My wife was attacked by a Great Pyrennes that got loose from it's master in the snow. Neighbors have been attacked by pit bulls or rotweillers. Since then, I have carried something to protect my dog when walking him.
Once a dog ran up to us from behind. I turned around and the bright light from the modded Maglite made the dog jump and run off. I wouldn't bet that this will always happen, but the light is big and heavy.
Click to expand...

Knives are completely for outlawed for civilians in England. many carry tactical maglights. Do you actually think that any jury would every convict you for carrying a flashlight?
 
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Soloman, not sure where you got the fact that a fixed balde is illegal in NYC? Please post the section of the NYC Admin Code. I have never seen it and it does not exist in the NYPL either. Most of what you said I agree with. The The flickable ( gravity knife) must lock open ( which you did not mention) to be illegal. The exposed knife ( including a pocket clip) is a unclassified ofense (NYC ADMIN CODE 10-133). The punishment leads it to fall into a violation status. As to making a CCRB complaint if your knife was taken, remember that a Class A misd charge can be brought up to two years from the offense occurring. I would suggest against that action for many reasons......
 
Trust me on this one:

Pepper spray (from a nyc pharmacy with the form filled out) and a non-locking blade under 4 inches (for use as a tool) is all you and I (knifeknuts and gearjunkies) need to feel comfortable in NYC (from the thugs AND police...).

In NYC, using pepper spray for self-defense will be MUCH more effective AND vastly more legally accepted versus using any "legal" blade.

FYI:

There was a recent article where a guy was being attacked by multiple assailants (bar fight). He defended himself with a knife...he ended up stabbing one of the attackers (who had a felony criminal record of cocaine possesion)...as a result of defending his life with a knife, he, a college graduate with no previous record is in jail (2nd degree murder).

http://www.lohud.com/article/20100824/NEWS02/8240339/-1/NEWSFRONT/Yonkers-man-arrested--accused-of-stabbing-fellow-city-man-to-death-in-Manhattan

(Some of the commenters seem to have been there and say they saw 8 guys attacking him)

I have my own opinions about not EVER putting myself in certain STUPID situations (ie. by not being there, or using pepper spray to effectively aid in escape and evasion)...but it sounds like a law-abiding citizen had no choice since he only had a knife on him and no pepper spray or firearm. Hopefully the surveillance camera shows that it was self-defense.
 
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Important facts to be realized concerning NYC laws regarding knives and weapons as well as self defense.
-------------------------------------------------------------------------------------------------------------------------

You unlock this door with the key of imagination beyond it is another dimension, a dimension of sound, a dimension of sight, and a dimension of mind.

Your moving into a land of both shadow and substance of things and ideas. You have just crossed over into THE NEW YORK CITY ZONE.


Your traveling through another dimension. A dimension not only of sight and sound, but of mind. A journey into a wondrous land who's boundaries are that of imagination. Your next stop THE NEW YORK CITY ZONE.


Your traveling through another dimension. A dimension not only of sight and sound, but of mind. A journey into a wondrous land who's boundaries are that of imagination. At the sign post up ahead, your next stop; THE NEW YORK CITY ZONE!


You are about to enter another dimension. A dimension not only of sight and sound, but of mind. A journey into a wondrous land of imagination. Next stop THE NYC ZONE.


There is a fifth dimension beyond that which is known to man. It is a dimension as vast as space, and as timeless as infinity. It is the middle ground between light and shadow, between science and superstition, and it lies between the pit of man's fears and the summit of his knowledge. This is the dimension of imagination, it is an area which we call THE NYC ZONE.


There is a six dimension beyond that which is known to man. It is a dimension as vast as space and as timeless as infinity.
It is the middle ground between light and shadow, and it lies between the pit of man's fears and the sun light of his knowledge.

This is the dimension of imagination. It is an area that might be called THE NYC ZONE.
 
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Sonny, the college grad with the knife left the scene and was only caught due to CCTV data and witnesses. If he was acting in response to a robbery or" self defense" he would of/should of stayed to talk to the NYPD. He ran and evaded them instead.
 
From what I was reading, it said the college grad turned himself in (probably after he realized he was on camera, and that there were witnesses). Also, the news articles wrote that he turned himself in because he was certain the cctv recordings would prove he was acting in self-defense.

But I agree with what you're saying, he did run away after stabbing someone...very bad move on his part.
 
tom19176 said:
Sonny, the college grad with the knife left the scene and was only caught due to CCTV data and witnesses. If he was acting in response to a robbery or" self defense" he would of/should of stayed to talk to the NYPD. He ran and evaded them instead.
Click to expand...
Exactly. "Flight equals guilt". Massad Ayoob makes this real clear during his LFI-1 course at the Lethal Force Institute. This is a man who spent decades as a police officer, police trainer, weapons authority and expert witness who testified in dozens of cases where deadly force was used.
 
I have also been taught once you do a takedown of any kind (lethal or not) the police must be called. If they aren't and you are discovered, it will look bad and make things worse for you.

However even this man stayed on the scene I am almost positive he would have been arrested anyway and aggressively interrogated with a focus on getting him in as much trouble as possible (always ask for a lawyer before answering their loaded questions.) Unfortunately in most cases they are not interested in "knowing what happened" or "getting the facts right" but only in whether they can charge YOU or not.

If he was attacked by a group it may not have been a good idea to stick around waiting for the cops once that possibly short opportunity to escape his attackers presented itself. It does not necessarily mean he is guilty of something if he fled.

Since DAs generally do not present their cases fully upfront with honesty and clarity of facts in mind they will probably try to inject an unproven assumption that his fleeing the scene makes him guilty of whatever charges in the story they choose to tell the judge or jury.
 
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tom19176 said:
Soloman, not sure where you got the fact that a fixed balde is illegal in NYC? Please post the section of the NYC Admin Code. I have never seen it and it does not exist in the NYPL either. Most of what you said I agree with. The The flickable ( gravity knife) must lock open ( which you did not mention) to be illegal. The exposed knife ( including a pocket clip) is a unclassified ofense (NYC ADMIN CODE 10-133). The punishment leads it to fall into a violation status. As to making a CCRB complaint if your knife was taken, remember that a Class A misd charge can be brought up to two years from the offense occurring. I would suggest against that action for many reasons......
Click to expand...


1. This vague law might be used to convict. There may be others.
Will update when I find the law or speak to my attorney on Monday.
Section 265.15
4... The possession by any person of any dagger, dirk,
stiletto, dangerous knife or any other weapon, instrument,
appliance or substance designed, made or adapted for use
primarily as a weapon, is presumptive evidence of intent
to use the same unlawfully against another.

I have been told by an attorney that a fixed blade is illegal to carry on your person in NYC. Several police officers have also told me that they would arrest someone whom they found carrying a fixed blade. It's not worth spending 2 weeks in a NYC jail.


2. Yes the knife does have to 'flick' open into a 'locked position' for it to be an illegal gravity knife, either by gripping the knife handle or the blade. Sorry for not emphatically stating this.

3. If they did not have enough evidence to arrest you on the spot, they are unlikely to have evidence to arrest you for a misd charge later. I think you might be referring to the statute of limitations. An attorney informed me that CCRB and Internal affairs is the way to to get your property back. Either way, it brings the officers conduct under question.
 
Sonny said:
From what I was reading, it said the college grad turned himself in (probably after he realized he was on camera, and that there were witnesses). Also, the news articles wrote that he turned himself in because he was certain the cctv recordings would prove he was acting in self-defense.

But I agree with what you're saying, he did run away after stabbing someone...very bad move on his part.
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Running away, not a problem.
Running away and not calling the police, BIG problem.

The article also does not state what started the incident.
 
Sonny said:
Trust me on this one:

Pepper spray (from a nyc pharmacy with the form filled out) and a non-locking blade under 4 inches (for use as a tool) is all you and I (knifeknuts and gearjunkies) need to feel comfortable in NYC (from the thugs AND police...).
Click to expand...

Pepper spray is nearly worthless for self defence except under optimal circumstances:

No wind
Sober opponent
Optimal distance
Opponent is not in the process of engaging with knife or deadly weapon
Opponent is not ex-military.
(Capsium is a breath mint after being gasses with CS half a dozen times.)
Are not being grappled
Only one opponent
You manage to target and hit the face
You can actually deploy the thing in time



A non-locking blade is nearly worthless for self defense:

You, block, or cut at an off angle, or stab at all, and your blade cuts you.
Then you drop knife.
Then he kills you.

If you are facing a single, sober, somewhat sane, unarmed opponent, you will probably not need to actually use the knife.

Any other situation you will need a knife that you can trust.
One that will not literally 'turn on you'.



I can't think of any situation where I would deploy pepper spray BEFORE a knife, so pepper may never be used during the engagement. Pepper spray at best is a deterrent. It MIGHT buy you a few seconds to get away. Since a knife if the primary, and possibly the only one of the two that may be used in any given engagement a locking folder is the way to go.
 
Solomani666 said:
A non-locking blade is nearly worthless for self defense:

You, block, or cut at an off angle, or stab at all, and your blade cuts you.
Then you drop knife.
Then he kills you.
Click to expand...

Hahaha that's a good one.

Ok...you're veering deep into Prac Tac territory, but had to respond to that bit:

Folding knives have been used for fighting and killing for centuries before locks were even invented.
 
I'm not sure I agree with a fixed-blade being illegal in NYC. You must be carrying it within the blade length limits and with legal purpose, but nowhere in statute or case law have I seen a possession of a fixed-blade, without more, being illegal.
 
Reeper22 said:
I'm not sure I agree with a fixed-blade being illegal in NYC. You must be carrying it within the blade length limits and with legal purpose, but nowhere in statute or case law have I seen a possession of a fixed-blade, without more, being illegal.
Click to expand...

very true,,

when i go into zyc where i work everyday i carry either my :
case sodbuster jr
sak super tinker
sak tinker
sak huntsman

all legal and no problems
 
Solomani666 said:
Pepper spray is nearly worthless for self defence except under optimal circumstances:

No wind
Sober opponent
Optimal distance
Opponent is not in the process of engaging with knife or deadly weapon
Opponent is not ex-military.
(Capsium is a breath mint after being gasses with CS half a dozen times.)
Are not being grappled
Only one opponent
You manage to target and hit the face
You can actually deploy the thing in time



A non-locking blade is nearly worthless for self defense:

You, block, or cut at an off angle, or stab at all, and your blade cuts you.
Then you drop knife.
Then he kills you.

If you are facing a single, sober, somewhat sane, unarmed opponent, you will probably not need to actually use the knife.

Any other situation you will need a knife that you can trust.
One that will not literally 'turn on you'.



I can't think of any situation where I would deploy pepper spray BEFORE a knife, so pepper may never be used during the engagement. Pepper spray at best is a deterrent. It MIGHT buy you a few seconds to get away. Since a knife if the primary, and possibly the only one of the two that may be used in any given engagement a locking folder is the way to go.
Click to expand...


Instead of pepper spray how about one of those compressed gas air horns? (example - http://preparedness.com/safesoundlarge.html)

Probably as distracting as pepper spray, might even get you a cop when YOU want one, and no DA would dream of bringing charges.
 
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