need knife info for trial

That has certainly been my experience. With the penal law as written, there is little or no defense to a gravity knife charge -- sometimes supression for improper search can be an effective collateral attack, but if the knife locks, and it's flippable (as most are) you're at the mercy of the court.
 
tom19176 any knife that can be open by a stong flick of the wrist IS a Gravity knife !!!!![/QUOTE said:
I am confused, doesn't that mean every single folder, including the Spyderco non-locking UK pen knife?
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AmadeusM...In my state, NY, it must lock but the federal law does not require it to lock...look at Levine's section and click on his links....
 
Again, here is the definition from NY law regarding gravity knives....

Section 265.00 Definitions
5. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device.

This could be applied numerous ways depending on the interpretation. That's the law for you......
 
CW, plead that felon out....not lookin' too good for him. Prior felons should know better not to push the issue......but I guess why they have PRIOR convictions....they BROKE the law......adios felon.....
 
JGarth said:
CW, plead that felon out....not lookin' too good for him. Prior felons should know better not to push the issue......but I guess why they have PRIOR convictions....they BROKE the law......adios felon.....
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Unlicensed handgun locked in briefcase in trunk of car = felony.
Restricted knife in armrest or glovebox of car, w/ prior misdemeanor traffic offense = felony.
Passing a joint to an individual a week away from their 18th birthday = felony.
Possession of several psilocybe mushrooms = felony.
Reusing a postage stamp = felony.
Consentual intercourse between a 19 yr old and a 17 yr old = felony.
Crossing the border into the US with a single cannabis seed = felony.
And, until last year, oral sex between consenting married adults was also a felony in nearly a dozen southern states . . . I believe the Commonwealth of Virginia was the only one backwards enough to appeal the Supreme Court's decision. :rolleyes:

Please be advised that these are only a sampling of the literally hundreds of paternalistic or moralistic "non crimes" which can be prosecuted as felonys.

Please be further advised that a first offender is not guaranteed a chance to "plead" to a lesser charge, as not only are there "mandatory minimums" on many offenses, but, for political reasons (so not to appear "soft on crime") many courts have adopted a strict policy of "no plea bargains" and tend to impose the maximum allowable sentence. Arbitrary and capricious? Yes, but what can you do about it except hope for an appeal?

Additionally, in many states a felony stays on your record forever, and the simple act of restoring just a portion of one's lost civil rights can be nearly impossible . . . whereas in other states, one's felony is automatically expunged with all rights restored a few years after one's sentence has been completed.

Not all felons are robbers, rapists, and drug fiends . . . you probably have committed "felonious" acts in the past, but just didn't get caught. Don't be so quick to judge others without knowing the facts.
 
This is why our country is need of much more stringent penalties for convicted felons. And please never accuse me of being a felon....probably too many pushups on someone's part...
 
tyr_shadowblade said:
Passing a joint to an individual a week away from their 18th birthday = felony.
Possession of several psilocybe mushrooms = felony.
Crossing the border into the US with a single cannabis seed = felony.
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I wouldn't classify drug offenses of any kind as non-crimes, especially when they involve the underage.

I know you didn't mention crack or meth, but anyone who chooses to poison themselves with drugs like these is a problem for society on several levels. The city where I live is somewhat notorious for violent crime. Violent crime and many property crimes revolve around drugs.

As you mentioned, there maybe some strange laws still on the books. These crimes are generally not prosecuted anymore. They are sometimes still on the books because it costs money to repeal them.
 
tom19176 said:
TYR...As per NYS Penal Law 265.....a Gravity Knife does include Inertia as a method of opening. In NYS a lockback folder is a gravity knife at that point !!!! I agree with you that was not the intent or what you or I would considered a gravity knife, but that is the law. The federal law is even worst, as it does not say it must lock when opened !!!!

All due respect, I have made several arrest for the old 007 knives and other lockbacks that I could flick open in front of the ADA, and the law is clear that is a gravity knife. ( of course these arrest were based on a additional charge as I would not take someone for just having a knife)...read the law, it is sad but true.

There were several shops hit about five months ago by the NYPD and Consumer Affairs for selling illegal knives. The owners and some sales clerks where arrested and charged with the sale of gravity knives for having high end Bench mades and others. ( NON AUTOS) . The Officers actually went through their stock and for everyone that would flick open, there was an additional count added to their charges. I WISH your interpertation was true, but it is not.

For those of you who feel you will not be charged for simple possession, you are right in most cases, but if you ever used the knife as a weapon to legally defend yourself, the ADA involved will closely examine the knife and if it flicks open YOU WILL BE CHARGED and then if there are assualt or attempted murder charges filied you will be viewed as acting with an illegal weapon,,,not good!!!
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Ohhh Joy.. The fourth reich is alive and well ! and living on taxpayer dollars :mad:
 
Catherine Wilder said:
I am a defense attorney and my client is charged with having a gravity knife. This is a felony in New York state, and he is facing prison time, because he has a prior criminal conviction. He did not use the knife, he just had it on him. I will be cross examining a police officer who has no special training in knives/weapons. The DA did not get an expert.
I am trying to show the knife they have is not a gravity knife, because it won't lock open most of the time.
I am looking for web site links two things:
1. General information on the definitions and classifications of different types of knives, the differences between tool knives and weapon knives, etc.
2. Anything about gravity knives!!
Any help is appreciated.
(P.S. I have a beautiful double edged boot knife which was present, which I think is a great knife, even though I am not a collector.)
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What kind of knife did he have? Are you permitted to release that information?

Gravity knife is very broad. Almost any knife can be opened with gravity if forced hard enough.

Did the knife have an adjustable pivot? Maybe due to use the pivot was too loose and it needed tightened ;). If adjusted properly the pivot would disallow the knife to be "flung" open via gravity. ;)
 
Joe Dirt said:
What kind of knife did he have? Are you permitted to release that information?

Gravity knife is very broad. Almost any knife can be opened with gravity if forced hard enough.

Did the knife have an adjustable pivot? Maybe due to use the pivot was too loose and it needed tightened ;). If adjusted properly the pivot would disallow the knife to be "flung" open via gravity. ;)
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Even a Buck 110 can be made to open with a flick. It is hardly a gravity knife. Unfortunately, the law is such that knives not intended to be gravity knives become gravity knives if manipulated in the correct (or incorrect) manner. As long as the knife is not marketed as such by the manufacturer and legally available for sale in the state, then I don't see a basis for prosecution. Of course the prosecutor is just looking for an excuse to put this guy away. I would approach this by trying to find out where you can buy a knife like the one this guy had. Buy one and take it down to a police station. Ask them if it's legal to carry one. If they say "Yes", then that's your defense, as long as the knife hasn't been modified in some way. Odds are the model of knife you're talking about would be considered perfectly legal if carried in the pocket of a city counselman.
 
buckg.....Buck actually modified the model 110 because they were ruled gravity knives too often. The new ones won't flick open, not since the late 1970's as they were made not to open that way.There is a thread about this in the Buck section.....
 
tom19176 said:
buckg.....Buck actually modified the model 110 because they were ruled gravity knives too often. The new ones won't flick open, not since the late 1970's as they were made not to open that way.There is a thread about this in the Buck section.....
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I guess I'm showing my age, and the age of my 110 :)
 
buckg said:
......Odds are the model of knife you're talking about would be considered perfectly legal if carried in the pocket of a city counselman.
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That's for sure.

I guess if you can go buy a Buck 110 or a Kershaw Leek or whatever by walking into a local Wal-Mart then the knife should be legal in the locality that it was sold in. Not sure if this is true or not.

You don't see Wal-Mart selling UZI's and Benchmade Auto's made for the police and military. ;)
 
THANK GOODNESS WE DON'T HAVE THAT PROBLEM HERE...GEORGIA LAW STARTS OFF JUSTAS STUPID WITH THE STATEMENT...ANY KNIFE MANUFACTURED FOR THE PURPOSE OF OFFENSE OR DEFENSE ....ok guys now we know we need to get some laws chaned..don;t we.
 
AmadeusM said:
I am confused, doesn't that mean every single folder, including the Spyderco non-locking UK pen knife?
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there are usually provisions, as in california, exempting knives with thumbstuds or discs. 'flick of the wrist' implies that no other mechanical opening method is needed.
laws are often vague, purposefully i believe, to limit the ease of working around them. if they become too specific, in some instances will apply to very few cases, and are therefore useless.
as for the defense lawyer, as an leo i can't, in good conscience, offer legal advise, sorry, nothing personal. but good luck.
 
Dang, the law here in Singapore is the same word for word. Think they adapted that law from US or UK, wherever it originated from.

It is classified as a 'scheduled weapon' here, and possession of a scheduled weapon in a public place will get you busted, and then you have to prove what legal purpose you possessed it for.

I think they will view all folders as 'gravity knives'. The main idea might not be the knife technicalities itself, but to prevent people from carrying concealable and easily deployed knives. A bulkier, fixed blade knife would be harder to conceal and does not fall under 'scheduled weapon', although it can still be classified under 'dangerous or offensive weapon'.

Damn, they have a law for everything.

I just checked, using an offensive weapon here in S'pore falls under 2 Acts; "Public Order Act" and "Corrosive and Explosive substances and Offensive Weapons Act"

Punishment for the former is life imprisonment and not less than 6 strokes of the cane.
Punishment for the latter is not more than 10 yrs imprisonment and some caning (undefined no.)
(*life* and *not more than 10* are contradicting each other)

I think its dumb to have different laws/punishment for the EXACT same offence. Obviously, the prosecution is going to use the heavier one. Why not just remove the other law for clarity's sake.
 
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