New Jersey Knife Law

dougshoe said:
Such laws are incompatible with basic human rights and are void.
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Tell it to the judge! :)

Statutes are one thing, case law another. Police procedure also comes into play: many jurisdictions don't care what knife you're carrying unless you're involved in a crime.

None of this determines which laws are valid or void until you can get a majority of the Supreme Court to agree. Laws are valid based on legislative and legal procedures, not on compatibility with what someone believes are "basic human rights".
 
TOM1960 said:
I am sure that you can legally possess such a knife in your home, if someone will sell it to you. In anti-weapon, anti-self-defense states like Massachusetts, New York and New Jersey, many knife dealers will not sell to anyone under the age of 18. I suppose you could do an Internet order, but what if the UPS or FedEx package arrives with an "adult signature (over 18) only" stipulation? That "four finger" rule is a crock of B.S. that has no legal standing; you are certainly correct about that. For someone under 18, a small locking folder such as a SAK would make a lot of sense. Under no circumstances should you carry it to your school or to any school-sponsored events.
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I usually carry an ESEE Izula-II in my pocket and a small SAK on my keys. I already own knives and I don't buy them personally because most websites won't sell to minors. I'll continue to carry a slightly larger knife that is legal, I always use my SAK for little jobs and make an effort to not have anyone see it. I would never bring a knife to school, as it would be a crime of the 4th degree just to have it on school property. I might be a teenager, but I can use and own knives responsibly despite what the State of New Jersey thinks...

I'd expect legally carrying a knife would get my taken to the local police station and I'd probably have the knife taken away. I'm in the local Fire Department, so I'm hoping that might actually make the cops respect me a little. Saying the local police have a strong bias against teenagers in my town is a huge understatement. I've been followed by two cruisers along with two friends just for being out at night. Apparently walking to a convenience store at 9pm is suspicious...
 
Don't get caught with any knife in NJ, because the laws of that police state make any knife illegal.

http://chat.lawinfo.com/pocket_knife_felony-t2213/index.html?
"MY daughter was arrested Friday night for having a closed pocket knife in her pocket....this was slightly bigger than a swiss army knife...... No one was threatend with it it was not if view...... My daughter and neice were having one of their common verbal arguments when the police arrived. They were with 3 other girls also...they were all asked to empty their pockets and my daughter had a pocket knife and was arrested. She is out on $2500.00 bail...."
 
Esav Benyamin said:
Tell it to the judge! :)

Statutes are one thing, case law another. Police procedure also comes into play: many jurisdictions don't care what knife you're carrying unless you're involved in a crime.

None of this determines which laws are valid or void until you can get a majority of the Supreme Court to agree. Laws are valid based on legislative and legal procedures, not on compatibility with what someone believes are "basic human rights".
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When I said "void" I meant by moral principle. I make no claims to perfection, but I try hard to be a good citizen and do nothing wrong. When that becomes a crime, then by all means lock me up. Since the prisons are filled to the brim, they can release a few child rapists or murderers to make room for me.
 
Riiight.

05-27-2003, 09:42 AM
Cyndie
Junior Member

Join Date: May 2003
Posts: 1
Pocket Knife a Felony????? Whats with this....
MY daughter was arrested Friday night for having a closed pocket knife in her pocket....this was slightly bigger than a swiss army knife...... No one was threatend with it it was not if view...... My daughter and neice were having one of their common verbal arguments when the police arrived. They were with 3 other girls also...they were all asked to empty their pockets and my daughter had a pocket knife and was arrested. She is out on $2500.00 bail.... Yes its the same amount as the nut in NY that belongs to the KKK and had a cache of firearms...... Whats with this....... Is this a mistake of some sort???? Input please??? Thank you!!! Cyndie
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Eight years ago. She was having an argument. Where? In a beauty parlor, a movie theater, a bar? Was she arrested for the knife or did she argue with the police, too?

Where does it say she was arrested for having the knife? What was the disposition of the case?
 
"Apparently, I wasn’t the only one surprised, and outraged, by the fact that it’s basically illegal to carry a pocketknife in New Jersey — and that doing so might get you charged with a felony or a misdemeanor fine of nearly $1,000, if the local prosecutor is in a good mood."

"As one cop told me, the state laws are so enigmatic you’re probably better off not carrying a pocketknife at all, even a Swiss Army knife like MacGyver used."

http://examiner.gmnews.com/news/201...rprised_that_many_of_us_are_criminals_in.html
 
You can always find a reference for any contention in the media. Proving a pattern of police abuse does not follow from these anecdotes. The pattern in New York City is much easier to show, and has no widespread equivalent here in NJ.
 
Esav Benyamin said:
You can always find a reference for any contention in the media. Proving a pattern of police abuse does not follow from these anecdotes. The pattern in New York City is much easier to show, and has no widespread equivalent here in NJ.
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Um. OK. Except that anyone with any kind of knife (small Swiss Army knife or any other knife) in NJ can be arrested and convicted of a felony.
 
Are Pocketknives Illegal in New Jersey?
http://www.attorneys.com/legal_cent.../s/c/are_pocketknives_illegal_in_new_jersey_/

Pocketknives, jackknives, Swiss Army knives - we all know them and many of us have carried them since we were teenagers. But will this one-time staple of boyhood soon be outlawed? Well, in New Jersey, maybe.

Section 2C:39-3 of the New Jersey Criminal Code makes it illegal to carry "any gravity knife, switchblade knife, dagger, dirk, stiletto . . . without any explainable lawful purpose." Furthermore, you are forbidden from possessing any other weapon "not manifestly appropriate for lawful use." Now the legislators had enough common sense to know that there are legal uses for knives and put in an exception. You are allowed to carry a knife in the woods if you are hunting or on the way to a hunting expedition. Can you carry your handy Swiss Army knife to file your nails or use as an emergency corkscrew, or for any of its other multiple uses? Is your knife "manifestly appropriate for lawful use"?

The problem with the law is that although it defines illegal knives, it does a rather poor job of defining what is legal. That means defining legal gets left to the policeman who sees your prize pocketknife dangling from your key chain and the local judge who hears your case if you are charged with a fourth-degree crime pursuant to the Criminal Code. Take, for example, the young man who made the mistake of carrying a pocketknife in a small town on the New Jersey shore. That mistake cost him an $800 fine. Even though you may be an upstanding citizen with no felonious intent, if you happen to wander into a town that likes receiving revenues from various municipal citations, you may be out of luck. Or a little bit poorer when you leave.

Yes, everyone remembers that 911 hijackers used box cutters and that increased security is necessary. It is just a bit sad that this has to make carrying such a venerable old friend as the pocketknife illegal. Since enforcement varies depending on location, it would be wise to find out how your town treats this issue. If you are leaving the neighborhood, it might be a good idea to leave the pocketknife at home.
 
Problems arise when a policeman asks if you are carrying a weapon? If you respond that you are carrying a weapon in the form of a pocket knife then you may have problems if the police want screw with you.

There is no limit on the size of a manual folding knife in New Jersey. I carry two knives, one small and one large folder. Both are Axis Locks. They are not gravity opening, spring assist, double edged... If asked why I have them, I say that the small one is for cutting small things and the big one is for cutting bigger things. I can give examples of things I have cut since I received my whittling chip when I was a Cub Scout. None of my examples include hurting anyone or committing any crime in any way.

If you are asked "do you have any weapons on you" and you respond, "yes, I have a pocket knife," the next question will be, "why are you carrying a weapon?" A pen is a weapon if you say it is a weapon and you can be arrested for carrying it for unlawful purposes. If it is nothing more than a tool (the pen or the knife) and you have no history of violence then there is really not much they can do.

As in most situations, it all depends on how you handle the questions asked. Don't incriminate yourself and say as little as possible.
 
I saw this on a different forum

"stopped in a wawa late one night and I had my gerber clipped on my pocket. knife isnt visible but the clip was. couple police officers in there having coffee. made eye contact, said hello.
One cop asked me why I needed a weapon. I said "what weapon?" he said "the knife". I stated it wasnt a weapon but "a tool". wished them well for the night went on my way."

The police were testing him. If he had an argument why he was carrying a "weapon," he may have been arrested. Since he denied carrying a weapon and instead classified it as a "tool," they had no cause to take action against him. Equally important is he didn't linger and wait for rebuttal.

This is sage advice on how to handle yourself in regards to carrying your knifes/tools.
 
All intresting stuff. How would it apply to collectors? For instance; switch blades are illegal to carry in NJ. But is it illegal to own one in your home? What about a balisong, again you can't carry it but what about just owning it? Talk about dazed and confused.
 
mross said:
All intresting stuff. How would it apply to collectors? For instance; switch blades are illegal to carry in NJ. But is it illegal to own one in your home? What about a balisong, again you can't carry it but what about just owning it? Talk about dazed and confused.
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They're good questions. It is clear that they are illegal in New Jersey so I would say they are illegal in your home as well. To know for sure, you would have to look at previous cases and the judgements for precedence. It is probably not worth the risk, even if you found previous judgements supporting the ownership of these blades.

Does anyone know any cases that have set a precedence of acceptable ownership of the aforementioned blades in New Jersey?
 
Very interesting wording in the law concerning possession. In NY the term "by any person" tends to mean on your person and out of your house compared to simple" possession" which which means you have control over the item anywhere, which includes your house. I suggest looking up the term "possession" and see if it is defined in NJ law....
 
Hello. I've lived in N.J. ten years and I just ordered a Ka-bar 7" blade today...then read this forum. Am I to understand that camping and metal detecting (the two purposes I wanted a longer blade) are not considered adequate legal reasons to carry??? By extention (no pun intended) does this mean a machette used for camping would also be illegal? Thanks
p.s. new here and really enjoying the forum! I like the "its for zombies" excuse for buying some of these things the best.
 
johnny1950 said:
Hello. I've lived in N.J. ten years and I just ordered a Ka-bar 7" blade today...then read this forum. Am I to understand that camping and metal detecting (the two purposes I wanted a longer blade) are not considered adequate legal reasons to carry??? By extention (no pun intended) does this mean a machette used for camping would also be illegal? Thanks
p.s. new here and really enjoying the forum! I like the "its for zombies" excuse for buying some of these things the best.
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No, the laws do not say that at all. You can use a large fixed blade knife for camping... What they do not want is for you to strap on your Ka-Bar and go to the grocery store to shop.

If you are on a semi crowded beach with your detector and your Ka-Bar, you may have difficulties with the law. If it is at the end of the day and few people are around and you do not look like you are going to attack another who may be encroaching on your area, then they would be hard pressed to take action against you. Not that it can't happen, you do live in New Jersey. Rights in New Jersey are not a forgone conclusion.
 
wow, some good stuff here guys. Thanks for the input. Now, does anyone know about neck knives and wether or not they can be worn on top of a shirt. I should be getting my new izula on monday, my first necker
 
So, what would the law be if someone were to keep a Chris Reeve 7" Green Beret Knife with their get-home-bag? Or a Gerber LMF II?
 
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