laws for erie county, near buffalo NY?

[trimix]

Greetings everyone! I live in Erie county, about 20 minutes from buffalo, NY, and was wondering if there were any laws restricting carry of fixed blades or folders? I do know that there cannot be an intent to harm, and I'm just going to use a knife for opening packages and everyday cutting tasks. I've also heard that there is no blade length limit in most of new York. My apologies if I screwed something up in posting this. Thanks.

 

[Major Chord]

I'm certainly not an expert, but living in the same area as you, I figured I'd throw in my $.02. From asking around and reading up online...I have found that generally any folder under 4 inches is fine (you could probably carry bigger...but there isn't really much of a need to if you're just opening packages etc), not too sure on fixed blades though. Just don't have a need to carry one.
Most of the knives I carry have around a 3.5-4 inch locking blade (although I do also carry smaller knives for use in front of people who are...less than friendly to the idea of carrying a knife)

If you don't act like an idiot, and wave it about/play with it...I see no reason why a typical EDC knife would cause you any problems.

 

[Karda]

State law is you are not allowed to cary a folder over 3.5 inches.
There are no length limits on fixed blades, but if you are not hunting or fishing while carrying, expect to be questioned by the police, as to why you are carrying a fixed blade knife. Your local jurisdiction may also have further restrictions.

 

[HeavyHanded]

Outside of NYC and the Boroughs, I don't believe there is a limit on blade length, folding or otherwise. There's also no requirement that a fixed blade be visible or on how a knife may or may not be concealed. As discussed in another thread, folding knives that lock may be subject to some very subjective interpretation of the "gravity knife" description. Conduct, and intent are going to be the primary considerations if you run afoul of the law (outside of NYC).

If there is a state wide limit on blade length, I'd like to see a link to the penal code where this is established. Double-edged knives, push knives, switch blades and something referred to as a "dirk" are all illegal.

 

[TwinStick]

At one point, they (???) even went to 30 Home Depot stores & confiscated Husky boxcutters in NY State. :jerkit:

 

[Damn_Animal]

State law is you are not allowed to cary a folder over 3.5 inches.
There are no length limits on fixed blades, but if you are not hunting or fishing while carrying, expect to be questioned by the police, as to why you are carrying a fixed blade knife. Your local jurisdiction may also have further restrictions.

this is incorrect NYS does not have a blade leangth restriction or blade type restriction except for auto and bali's outside of NYC. There are many legal websites that will explain this its a common misconception that there is a blade leangth PS i am from the Jamestown NY area.

http://knife-expert.com/ny.txt

 

[Karda]

this is incorrect NYS does not have a blade leangth restriction or blade type restriction except for auto and bali's outside of NYC. There are many legal websites that will explain this its a common misconception that there is a blade leangth PS i am from the Jamestown NY area.

http://knife-expert.com/ny.txt

I stand corrected. Now i'm going to have to talk to the officer who told me that several years ago. Small world, My parents are originally from that area and are buried in Red Bird cemetery.

 

[Major Chord]

I stand corrected. Now i'm going to have to talk to the officer who told me that several years ago. Small world, My parents are originally from that area and are buried in Red Bird cemetery.

Reading this makes me less hesitant about purchasing a Spyderco Resilience...it's a tad over my usual 4" blades...

 

[TwinStick]

Please re-read section 265.00 Definitions, #5. ALL of my folding knives are illegal according to that. I can grasp the blade & with "centrafugal force" (flicking of the wrist) & open them all, and they lock open. It also says potentially in other NY jurisdictions. This is such a vague law it is open to interpretation, which is just the way they intended it to be. :thumbdn:

 

[gomipile]

Please re-read section 265.00 Definitions, #5. ALL of my folding knives are illegal according to that. I can grasp the blade & with "centrafugal force" (flicking of the wrist) & open them all, and they lock open. It also says potentially in other NY jurisdictions. This is such a vague law it is open to interpretation, which is just the way they intended it to be. :thumbdn:

It's a good thing that "centrifugal force" is fictional then. And yes, I'm a scientist.

 

[tom19176]

gomipile, can you explain what you mean by your statement? I am not questioning it; I want to learn why you feel that way? I have heard this said before but without a good explaination. It would be great to hear that the basis of the definition of a gravity knife is somehow flawed! The bad thing is the courts have upheld the flickable test as being in complaince with the wording of the law, but it could give an arguement!

 

[HeavyHanded]

Please re-read section 265.00 Definitions, #5. ALL of my folding knives are illegal according to that. I can grasp the blade & with "centrafugal force" (flicking of the wrist) & open them all, and they lock open. It also says potentially in other NY jurisdictions. This is such a vague law it is open to interpretation, which is just the way they intended it to be. :thumbdn:

Yes the law is vague, and also in plenty of other states as well since many use virtually identical wording. I would be very interested to find reference or hear about someone's personal experiences regarding the old "grab it by the blade and flick it" standard actually being applied in court. Not saying it hasn't been done, but even the Manhattan DA's office wouldn't confirm that interpretation.