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- Jul 2, 1999
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New York - Penal Law Section 265.01. A person is guilty of
criminal possession of a weapon in the fourth degree when: (1) He possesses any firearm... gravity knife, switchblade
knife, pilum ballistic knife, cane sword...
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto... or any other dangerous or deadly instrument or weapon with the intent to use the same unlawfully against another; or...
(5) He possesses any dangerous or deadly weapon and is not a citizen of the United States...
- Section 265.00 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. 5. "Gravity knife" means any knife has blade which is released from the handle or sheath thereof by the force of gravity of the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever, or other device. 5-a. "Pilum ballistic knife" means any knife which has a blade which can be projected from the handle by hand
pressure applied to a button, lever, spring or other device in the handle of the knife.
- 265.04. It shall be unlawful for any person under the age of sixteen to possess any... dangerous knife... A person who violates the provisions of this section shall be adjudged a juvenile delinquent. [Found unconstitutionally vague by Superior Court, 1982; finding reversed by Court of Appeals, 1983]
- Section 265.10... 1. Any person who manufactures or causes to be manufactured... any switchblade knife, gravity knife, pilum ballistic knife... is guilty of a class A misdemeanor... 4. Any person who disposes of any of the weapons, instruments or appliances specified in subdivision one of section 265.01, except a firearm, is guilty of a class A misdemeanor, and he is guilty of a class D felony if he has been previously convicted of any crime.
- Section 265.15 Presumption of possession... 2. The presence in any stolen vehicle of any weapon... specified in sections 265.01... is presumptive evidence of its possession by all persons occupying such vehicle... 3. The presence in an automobile, other than a stolen one or a public omnibus, of any firearm... gravity knife, switchblade knife... is presumptive evidence of its possession by all persons occupying such vehicle... except... (a) if such weapon... is found upon the person of one of the occupants therein; b) is such weapon... is found in an automobile which is being operated for hire by
a duly licensed driver... then such presumption shall not apply to the driver...
New York Case Law:
- Knife... was not a "gravity knife"... even though blade of knife could be released from its sheath by flick of the wrist; in order to lock blade of knife in open position, two additional steps were required... (1989).
- Butterfly or "Balisong" knife, a folding knife with a split handle, did not have blade released by force of gravity or application of centrifugal force, and did not constitute a "gravity knife"... (1987).
- "A bayonet was within class of weapons designated as 'any other dangerous or deadly instrument or weapon'.... (1937)
- "Under rule of ejusdem generis [of the same kind]... an ice pick was a 'dangerous weapon'... (1948)
- "Evidence that defendant wielded butcher knife in presence of others was sufficient to support charge..." (1987)
- "...possession of knife 15 to 18 inches long was legally sufficient to establish prima facie case of carrying dangerous weapon as felony..." (1963)
- "Accused's possession of knife in case attached to his belt, with long handle protruding and case sheathing blade concealed inside accused's trousers, did not constitute violation... absent evidence of design on accused's part to use the knife unlawfully." (1974)
- "That parolee was found in possession of straight razor could not, without more, establish his possession of dangerous instrument or deadly weapon..." (1981)
- "The possession of a razor by a barber for use in his trade, even if it was on his person, was not within... this section." (1914)
- "Paint brush found in possession of a housepainter while on his way home from work was not the kind of instrument covered by... this section, prohibiting the carrying of a dangerous weapon." (1962) http://www.knife-expert.com
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NEW YORK CITY LAWS:
Courtesy: Alex Boriqua 11/23/1999 http://home.att.net/~a.boriqua/Recieved_letter.htm
Received from:
Office of the Queens District Attorney of Queens County Queens criminal Courts Building
125-01 Queens Blvd.
Kew Gardens NY 11415
Cover letter:
As per your request the law strictly prohibits a person from carrying any type of knife with a blade of 4" or over (Four) in length. Enclosed is a copy (highlighted) of the statute.
Signed: Mary A. Moris A.D.A
Chap. 1 Public Safety 10-133
Historical Note
Formerly 436-5.1
10-133
Possession of knives or instruments.
A.
Legislative findings. It is hereby declared and found that possession in public places, streets and parks of the city, of large knives is a menace to the public health, peace, safety and welfare of the people
of the city; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings and assaults of and upon the people of the
city; that this condition encourages and fosters the commission of crimes and contributes to juvenile delinquency, youth crime and gangsterism; that unless the possession or carrying in public places,
streets and parks of the city of such knives without a lawful purpose is prohibited, there is danger of an increase in crimes of violence and other conditions detrimental to public peace, safety and welfare. It is further declared and found that the wearing or carrying of knives in open view in public places while such knives are not being used for a lawful purpose is unnecessary and
threatening to the public and should be prohibited.
B.
It shall be unlawful for any person to carry on his or her person or have in such person's possession, in any public place, street or park any knife which has a blade length of four inches or more.
C.
It shall be unlawful for any person in a public place, street or park to wear outside of his or her clothing or carry in open view any knife with an exposed or unexposed blade unless such person is
actually using suck knife for a lawful purpose as set forth in subdivision d of this section.
D.
The provisions of subdivisions b and c of this sections shall not apply to (1) persons in the military service on the state of New York when duly authorized to carry or display knives pursuant to
regulations issued by the chief of stall to the governor; (2) police officers and peace officers as defined in the criminal procedure law; (3) participants in special events when authorized by the police
commissioner (4) persons on the military or other service of the United States, in pursuit of official duty authorized by federal law; or (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; or (b) is displayed or carried by a member of a theatrical group, drill team, military or para military unit or veterans organization, to
from or during a meeting, parade or other performance or practice for such event, which customarily requires the carrying of suck knife or (c) is being transported directly to or from a place of
purchase in such a manner as not to allow easy access to such knife while it is transported; or (d) is displayed or carried by a duly enrolled member of the Boy or Girl scouts of America or similar organization or society and such display or possession is necessary to participate in the activities of such organization or society.
E.
Violation of this section shall be an offense punishable by a fine of not more than three hundred dollars or by imprisonment not exceeding fifteen days or by both such fine and imprisonment.
Case notes
This section promotes a legitimate governmental objective and is not unconstitutionally vague or an improper exercise of the city's
police power.------ People v Ortiz 125 Misc. 2d 318 [1984]
10-134
Prohibition on sale of certain knives
A.
Legislative findings. It is hereby declared and found that the possession on public places, streets and parks of the city of folding knives which lock upon opening, is a menace to the public health,
peace, safety and welfare of the people of the city; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings
and assaults of and upon the people of the city, that this condition encourages and fosters the commission of crimes, and contributes to juvenile delinquency, youth crime and gangsterism; that is this
situation is not addressed, then there is a danger of an increase in crimes of violence and other conditions detrimental to public peace, safety and welfare. It has been found that folding knives with a
blade of four (4) inches or more that locks in an open position are designed and used almost exclusively for the purpose of stabbing or threat thereof. Therefore for the safety of the city, such weapons
should be prohibited from sale within the jurisdiction of the city of New York.
B.
It shall be unlawful for any person to sell, offer for sale within the jurisdiction of the city of New York any folding knife with a blade length of four or more inches which is so constructed that when it is
opened it is locked in an open position and cannot be closed without depressing or moving a release mechanism.
C.
Exempt from this section are imported and exporters or merchants who ship or receive locking folding knives, with a blade length of four or more inches, in bulk, which knives are scheduled to travel
or have traveled in the course of international, interstate, or intrastate commerce to a point outside the city. Such bulk shipments shall remain in their original shipping package,
unopened, except for inspection and possible subdivision for further movement in interstate or intrastate commerce to a point outside the city.
D.
Violation of this section shall be an offense punishable by a fine of not more than seven hundred fifty dollars ($750) or by imprisonment not exceeding sixteen days (16) or both such fine and
imprisonment. Any person violating this section shall be subject to a civil penalty not to exceed one thousand dollar for each violation.
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Louis Buccellato
http://www.themartialway.com
Knives, Weapons and equipment. Best prices anywhere.
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"only the paranoid will survive"
