New York State auto knife legality for EMT

M

maxyboy12

Joined
Jul 2, 2013
Messages
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Hey everyone, I'm sorry for thr redundancy, I understand this question comes up a lot, but NO ONE ever mentions if automatic knives are legal for EMTs. I am going to be receiving my certification soon and I would love to purchase an automatic. I do understand that there are so many knives are on the market (many of which I have :D ) that will do the job and I understand that most EMTs dont even use their knife, but I just want to know if I can purchase and carry an automatic knife in New York as an EMT. Thanks guys!
 
No part of New York's law makes any exceptions for EMTs (exceptions to weapon possession laws are codified under 265.20 of the NY penal code). The federal law on interstate sale also makes no such exception, contrary to popular rumor.
 
Thanks fo the heads up, I have heard of such exceptions and I wanted to clarify their validity. Sadly I guesd there is no exception. Too bad because I could have used one of those. They are a lot more convenient
 
They're novelty toys. EMTs need reliability (I'm not one but I do Wilderness First Aid). Heard from a guy last week who's $300+ auto literally had the blade fly off after 2 weeks of use and has to send it back to the factory for service.
 
Oh I don't doubt it! My go-to knife is still my spyderco endura. It has proven itself to me. I also love my benchmade osborne and griptilian. Wonderful knives and definitely my first choices!
 
But let me clarify, I simply want to purchase an automatic for the novelty/collectability of it. Is that still illegal.? I hate how wishy washy the laws are
 
In NYS, the only exception for LEGAL ownership is an active duty Police officer or Peace Officer, and someone who uses the knife for fishing, hunting and trapping. Transfer and sale are illegal, so if you own one and have a VALID fishing, hunting or trapping license, you comply with the law. How to get one legally then is the issue. There are stores that feel they can sell you one ( in NYS) if you have one of those listed sports licenses, but that is not the wording of the law. The simple answer is that NYS law considers possession to be anywhere you have control over the item, therefore even in your home they would be illegal unless you fall into one of those groups I listed. get a life time freshwater fishing license ( I hope you fish). I can't suggest anywhere you should buy one in NYS as anyone selling it to you would be doing it illegally. If you have one, then the sports license would allow for ownership and carry to and from those sporting activities. As an EMT, you will be interacting with many LEOs from time to time. I suggest getting a sense of their tolerance towards these type of knives in your local area where you spend most of your time. Look up the law yourself too, and print out a copy of it if you end up owning this type of knife. NYS PL 265.01 is the law banning possession, and NYSPL 265.20 list the exception to the ban. NYSPL 265.20#6 is the fishing/hunting/trapping one.
 
tom19176 said:
In NYS, the only exception for LEGAL ownership is an active duty Police officer or Peace Officer, and someone who uses the knife for fishing, hunting and trapping. Transfer and sale are illegal, so if you own one and have a VALID fishing, hunting or trapping license, you comply with the law. How to get one legally then is the issue. There are stores that feel they can sell you one ( in NYS) if you have one of those listed sports licenses, but that is not the wording of the law. The simple answer is that NYS law considers possession to be anywhere you have control over the item, therefore even in your home they would be illegal unless you fall into one of those groups I listed. get a life time freshwater fishing license ( I hope you fish). I can't suggest anywhere you should buy one in NYS as anyone selling it to you would be doing it illegally. If you have one, then the sports license would allow for ownership and carry to and from those sporting activities. As an EMT, you will be interacting with many LEOs from time to time. I suggest getting a sense of their tolerance towards these type of knives in your local area where you spend most of your time. Look up the law yourself too, and print out a copy of it if you end up owning this type of knife. NYS PL 265.01 is the law banning possession, and NYSPL 265.20 list the exception to the ban. NYSPL 265.20#6 is the fishing/hunting/trapping one.
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Printing out the copy is an excellent idea! A few years ago, my Massachusetts FID (Firearms Identification Card) expired while in the process of being renewed (state is 2 months behind on gun license processing!). There is a 90-day grace period to cover possession and use during this period, but I found out that a lot of officers do not know about it. To avoid being arrested on felony charges for illegal possession of a firearm and ammunition during hunting season (Remington 870 and a box of 1 oz. Winchester Super-X 12 gauge slugs), I printed out two copies. One stayed at home in my small-arms locker with my other firearms and one was carried on my person, right next to my (now expired) FID and MA state sporting license (combo hunting and fishing). Sure enough, two weeks after MA shotgun deer season closed, a woman from the local police station called and told me to stop by and pick up my new FID!
 
It is always a good idea to print out a law that allows you to do a certain thing that is otherwise banned. Most officers do not know the minor exceptions to a law that seems to ban the item or activity that you have a legal way to do through an exception. In over 30 years of working in law enforcement and now work with LEOs, I found ONE officer that knew of the NYS exception. I won a lot of free lunches with the question " can an gravity knife or switchblade ever be carried legally?".....
 
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