Legality of Kershaw AO in New York

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rottwang

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Feb 5, 2006
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I just gave a Kershaw AO knife to a friend who will be moving to new york. Here in CA I know they're legal. Does anyone have any experience with the legality of AO knives in the state of New York?

I've read the N.Y. knife laws for switchblades

(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.)

And I know that the torsion bar provides manual resistance, that it is not a spring, and that pressure is applied to the blade itself and not a button. I can argue this until i'm blue in the face but I'd like a second opinion.

Thanks in advance.
 
There is no clear answer yet. I was an LEO in NY for years, but that was also years ago, and before AO came on the market. I agree with you in that you push the thumb stud or flipper to open the knife and not a button in the handle. That seems to stay clear of the switchblade defition. Walmart sells there in NY, but several small knife shops do not anymore as the local PD ( Nassau County) has told them to remove them from sale. I have asked my two friends what they think ( one is a Captain the other a Chief in the NYPD) and they both think they would be classified as switchblades by any cop on the street. Where it goes from there depends on who is the desk sargent, who is the DA, etc.....There is a excepition in the law that allows for the carry of a switchblade or gravity knife while fishing and hunting. This would not cover being in your pocket in a suit going to a meeting. I have stopped carrying a pocket knife after 911, since I end up going through about 5 metal detectors a day going to meetings in buildings. I only carry a knife when I am not working. Only Upstate NY is somewhat knife friendly, so depending on where he is moving, I would caution him to be careful.

I would also caution that even if it is AO,if it can be flicked open ( and all of mine can) then it would be a gravity knife by NYS law, and be illegal.

I have request my friends wife ( who works as the head of the law library in a large law firm) to see what if any case law there is on these. I just asked this last weekend, and I will share any info I get.
 
tom19176 said:
I have request my friends wife ( who works as the head of the law library in a large law firm) to see what if any case law there is on these. I just asked this last weekend, and I will share any info I get.
Click to expand...
Thanks tons for that!! :thumbup:

NYS/NYC seem to be interpreting the written law in ways the legislature never intended, so case law is crucial. I don't live there, but travel there, so I'm very interested in what you turn up!
 
I just heard back from my friend at the law library. It seems there is no case law on assited openers at present. This could be either good or bad. It does not clear things up at all. The only precedent setting case law on switchblades, gravity knives and AOs is four cases all of which state that butterfly knives are not gravity knives, the most recent of which is 2003.
 
Thank you very much, Tom. From what I've read anything with a locking blade, even a leatherman tool would be considered as a weapon.

In fact I have two friends in New York I've given Kershaw AOs to, one is a Photographer's Assistant and the other in a Theatre production, so they have legitimate reasons.

I'll share what i've learned and probably will reccomend a swiss army knife instead.
 
How kindly would NYC law take to a CRKT Koji Harra Ichi AO? I'm a NYC resident an I EDC a very small Boker knife, but I have a feeling that even that is illegal. Ridiculous laws. I need to get out of this city.
 
I am going to Albany in two weeks I was already going to leave my Sog flash II home should I also leave my BM grip. home as well:eek:
 
I agree with you that is sucks......the law on gravity knives is vague enough that most any knife that can be flicked open ( and almost all can be) are by strict definition of law a gravity knife. The Axis lock system is a great locking system, but by releasing the tension from the blade it truly makes it a gravity knife. I am a knife nut like everyone here, but I do think knives like this will cause legal problems for many who carry them.

Carry a Buck Model 110, as they actually redesigned the knife in the late 1970's due to a request from the federal gov't to do so since they were being used as gravity knives by bikers. This is actually in their dated history of the model 110. You can see info on it in the Buck section. At least that would be a great defense to carry a knife that the maker actually states were made NOT to be able to open via a flick of the wrist.
 
well I am going to the Pepsie center and just found out i cant bring it in their eather:jerkit: so I guess I'll just take my Sog multie tool and my e2d. do you think security at the pepsi center will give my e2d a hard time?
 
Most LEO s do not know the knife laws, and almost no security personnal do. Therefore, it is a matter of what direction they are given buy their superiors. The company i work for now as a real estate manager owns the NYFD headquarters and they do not allow any type of bladed instrument in their building. They don't care if it is a legal letterman tool , they will not let it in. I would call and ask......
 
this is the e2d i was talking about its a flas light with teeth:D but most people dont see the teeth part:D
 
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