Looking for A little Clarification on NYC 10-133 Possession of knives sub divisions

Line D-5-a of 10-133 (listed at the beginning of the thread) gave me the answer:

D. The provisions of subdivisions b and c of this sections shall not apply to (5) any person displaying or in possession of a knife otherwise in violation of this section when such a knife (a) 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.

So if you're ever found with a knife blade longer than 4 inches, just claim that you were at a picnic!

I have a Gerber Mark II double edged dagger with a 6.5 inch black blade that I'll bring next time so that I can sleep better at night. But I will pack it deep in my pack while transporting in public.

Thanks for your replies.
 
charlesbjr said:
If you are truly hiking, hunting, etc., then I believe even a 20" machete is ok. Where we hunt, we always have machetes on hand to clear our trails. Granted, if we are stopped, it is obvious that we are hunting or cleaning up our camp (i.e. hunting licenses, sleeping bags, etc.). We hunt way up in Northern NY and you always need a big camp knife (i.e. long single edge blade) to build a camp or pack out game.
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I would bet everything I own if you walk through Penn Station dressed head to toe in hunting gear and get stopped for a "routine" search and they found a 20" machete, at the very least it would be confiscated.
 
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eventhorizon said:
So if you're ever found with a knife blade longer than 4 inches, just claim that you were at a picnic!

I have a Gerber Mark II double edged dagger with a 6.5 inch black blade that I'll bring next time so that I can sleep better at night.
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Not gunna work for two reasons. Daggers are illegal in NY to carry under any circumstances. Carrying a 4"+ knife you better have some kind of evidence you just had a picnic, ie picnic basket, blanket, other utensils. I doubt any 4"+ Gerber would be accepted as needed for a picnic. Better make that a 6" bread knife.
 
Great! Land of the Free? I have found in my work life (software engineer) that control freaks only bring on chaos.

I'll just mail my knife home before going through NYC.
 
jaymeister99 said:
I would bet everything I own if you walk through Penn Station dressed head to toe in hunting gear and get stopped for a "routine" search and they found a 20" machete, at the very least it would be confiscated.
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That would actually be pretty damn funny!! Imagine a guy in Penn with all his hunting gear taking out his hunting license!
 
FYI, the NYC regulations are trying to be made a statewide by many people. TOTALLY SUCKS IMO. Thats why we are moving out of NY State as soon as we retire. NY State sucks for ANY type of motorsport recreation, fishing, hunting, ect... . If they actually hired someone & paid them to think up ways to make people move out of this state faster, I don't think they could do a better job then what they are doing now & trying to do, with all the laws, fee's, proposed laws, proposed fee's, hunting & fishing & registration increases, harassment from D.E.C. while trying to legally do these things---just makes anyone eventually give up & move out as soon as possible. I do not even ride my atv in this state anymore. I go to PA. My Uncle got 4 tickets from D.E.C. for riding his snowmobile on his own property. One for no helmet---(foolish for not wearing one, i know), one for no registration, one for no insureance, & one for tresspassing---because snowmobile tracks went from the powerlines, across his property & across the road & kept going---even though they were not his tracks. The no insureance ticket was given because they said he went off his property & onto the powerline property & you have to have insureance if you are on others property. His snowmobile was parked & he was in the house eating dinner when they showed up. They claimed they saw him earlier in the day via binoculars. They seem more like the SS to me.
 
Eating dinner & they show up to harass him, smh no good. Moving on, after attempts of contacting the D.A.'s office they refused to send me any hard copy information on the knife laws & directed me to look them up on line, which I already have done. To avoid any unwanted trouble from the police I now carry a spyderco UK pen knife that doesn't lock. It's a shame to be afraid of getting in trouble for carrying a knife I use for work.
 
dirtypaulie said:
Moving on, after attempts of contacting the D.A.'s office they refused to send me any hard copy information on the knife laws & directed me to look them up on line, which I already have done
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Thats total BS.:mad: They should be able to send you something. Maybe you can shoot an e-mail to kniferights and see if they have any suggestions. Is there any laws or regs that state they have to send clarification on a law if asked?
 
jaymeister99 said:
Thats total BS.:mad: They should be able to send you something. Maybe you can shoot an e-mail to kniferights and see if they have any suggestions. Is there any laws or regs that state they have to send clarification on a law if asked?
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Could they at least refer you to some case studies? One resource that you might try is the law library at U of Buffalo

http://wings.buffalo.edu/law/bclc/web/cover.htm

They cross reference w/ a lot of actual cases - if you can't get it from the horse's mouth, you can at least find out how the courts have interpreted it in the past. I contacted the Manhattan DAs office about gravity knives and rec'd and equally tight-lipped response, but they did send summaries of two recent cases that actually did answer some questions I had.
 
HeavyHanded said:
Could they at least refer you to some case studies? One resource that you might try is the law library at U of Buffalo

http://wings.buffalo.edu/law/bclc/web/cover.htm

They cross reference w/ a lot of actual cases - if you can't get it from the horse's mouth, you can at least find out how the courts have interpreted it in the past. I contacted the Manhattan DAs office about gravity knives and rec'd and equally tight-lipped response, but they did send summaries of two recent cases that actually did answer some questions I had.
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Citing case law may help you in a court case. But not help prevent getting you arrested. The bigger problem in an arrest (even if you are found innocent) is the costs, attorney fees. I would really love to know what the DA has to tell you.
 
The DA isn't required to give legal advice, neither is your local LE. It's probably money well-spent to sit down w/ a trial lawyer who handles/has handled some weapons charges. Otherwise, all you'll get is the Penal Code, and no one's required to provide even that. Hell, you might learn how to protect yourself from inappropriate application of the law. Last thing the local DA/LE wants is a bunch of uppity civilians hollering about their rights.
 
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