NYC (10-133c) Summons

[2Dead]

Read this one:

http://www.dnainfo.com/new-york/201...y Restore Park Damaged by Fashion Weekcontent

An undercover cop spied a clasp dangling from Baltzer's pocket that connected to a one-inch pocket knife. After he was stopped and frisked, cops repeatedly flicked the knife to see if it would open through centrifugal force. That would make it a gravity knife, and illegal. After several tries, cops flicked the knife open, and Baltzer was arrested.

Anyone know which pocket knives these were? I thought not only does the knife have to be able to be opened by flicking but it also has to lock open. I guess I'm just trying to make sure they aren't expanding the already ridiculous gravity knife definition by saying a slipjoint like a Vic Classic is a "Gravity knife" too because it can be opened by holding the blade.

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. [Note: In NYC, and potentially in other NY
jurisdictions, this definition is construed to apply to
ANY folding knife with a blade that locks open. ]

 

[Thomas Linton]

"Make sure to let them know how ridiculous they are for imposing on you rights and wasting your time and money for a sak."

If this is advice to chew out the judge, I suggest that you ignore it. Reserve the truth for those who can accept it.

 

[tom19176]

I assume it was a lock back or small liner lock. The knife was not named or pictured, so that is a guess.

 

[cheeto210]

Of course this rookie cop was trying to meet her quota. She knows it, you know it, but she cant act like she knows it. Tell the judge it was a SAK and was in your pocket. In NYC we have chefs, artists, and carpenters arrested for two inch folders because they are "gravity knives". I check kniferights from time to time because it gives me a little bit of hope this madness will end.

Out of curiosity was this SAK the larger 4inch ones or the 3inch?

 

[truest]

It was the 3 inch.

 

[Esav Benyamin]

In other words, she would have busted me for the Victorinox Classic on my keyring.

 

[truest]

I was thinking the exact same thing. I used to have one on my keyring too, wonder if she would've arrested me if I had both. Pigs.

 

[KRS1]

having a weapons charge is bad for when you go looking for a job and they do a background check. I have 2 and every employer thinks im a violent lunatic running around with weapons...thats just how it appears on paper and the mentality of sheeple.

I'd get it off your record if you can.

 

[truest]

I'm going to court this Friday (ahead of my scheduled 7/31 date) to get this taken care of immediately. I don't think this is as serious as it sounds as it's a summons more than an arrest. I'm going in with photo proof of the SAK isn't anything illegal or dangerous. Hopefully this will get thrown out.

 

[jayinhk]

Lord am I glad I don't live in NYC anymore!

 

[MH13750]

Seems to me that you acknowledge having at least a small part of the SAK visible. Guess that is all a LEO needs in NYC to pursue a non-concealed knife summons. Please dont take offense,but you admit to breaking the law. But I do hope you are able to get this dismissed in some way,good luck. Now I wonder if you have a tether or lanyard of some sort attached to the same SAK. And said SAK is completely concealed inside your pocket, but the tether,chain,lanyard etc is visible and a LEO decides to inquire as to what is attached to it. What then? Is having anything at all visible that is attached to the knife also an offense of some sort?

 

[TOM1960]

having a weapons charge is bad for when you go looking for a job and they do a background check. I have 2 and every employer thinks im a violent lunatic running around with weapons...thats just how it appears on paper and the mentality of sheeple.

I'd get it off your record if you can.

What state do you live in? Were you ever convicted or only arrested and charged? Here in Massachusetts, the CORI (Criminal Offender Record Information) law allows you to seal a misdemeanor conviction after five years and a felony conviction after ten years. The clock starts ticking after the punishment (jail or probation) ends. Arrests that do not result in conviction can be sealed immediately. "Sealed" in Massachusetts means that employers and other civilians will not be able to see it. LEOs can apply to the Criminal History Systems Board to have the records unsealed for various reasons (processing FID and LTC gun permit applications, liquor license applications, security clearances, etc.).

 

[DrFish]

What state do you live in? Were you ever convicted or only arrested and charged? Here in Massachusetts, the CORI (Criminal Offender Record Information) law allows you to seal a misdemeanor conviction after five years and a felony conviction after ten years. The clock starts ticking after the punishment (jail or probation) ends. Arrests that do not result in conviction can be sealed immediately. "Sealed" in Massachusetts means that employers and other civilians will not be able to see it. LEOs can apply to the Criminal History Systems Board to have the records unsealed for various reasons (processing FID and LTC gun permit applications, liquor license applications, security clearances, etc.).

For many of us, however, this does us no good. My licensing applications clearly state: "Have you ever been arrested. If so, explain." Even if the records are sealed, you have to answer yes and explain the circumstances, or it is grounds for disciplinary action if it ever comes up.

 

[TOM1960]

For many of us, however, this does us no good. My licensing applications clearly state: "Have you ever been arrested. If so, explain." Even if the records are sealed, you have to answer yes and explain the circumstances, or it is grounds for disciplinary action if it ever comes up.

Yes, we have that question on our FID and LTC firearms permit applications here in MA as well. FID is "shall issue"; you can have 100 arrests and no felony convictions and get the FID. The LTC is "may issue" and discretionary. If the chief knows that you do not get along with your neighbors, he or she can also declare you to be "not a suitable person" and deny the LTC. If you faced a juvenile charge for shoplifting a $2.00 item back when you were 12 years old, you could be denied the LTC. As I said, the police have access to all CORI records, juvenile and adult. Hiring managers in the private sector don't, so a criminal history should not be an obstacle to employment.

 

[KRS1]

What state do you live in? Were you ever convicted or only arrested and charged? Here in Massachusetts, the CORI (Criminal Offender Record Information) law allows you to seal a misdemeanor conviction after five years and a felony conviction after ten years. The clock starts ticking after the punishment (jail or probation) ends. Arrests that do not result in conviction can be sealed immediately. "Sealed" in Massachusetts means that employers and other civilians will not be able to see it. LEOs can apply to the Criminal History Systems Board to have the records unsealed for various reasons (processing FID and LTC gun permit applications, liquor license applications, security clearances, etc.).

One in TX for a $2 switchblade from Mexico and another in Virginia for a moving truck full of various Ninja items 17 years ago during a move there. Arrested and charged for both.

These days nothing is private, and all your records can be pulled up even if they are sealed whoever is looking just has to pay extra to pull it up.

Apart from this there are various companies that specialize in background checks for large organizations with the capability to check EVERYTHING.

 

[DrFish]

Yes, we have that question on our FID and LTC firearms permit applications here in MA as well. FID is "shall issue"; you can have 100 arrests and no felony convictions and get the FID. The LTC is "may issue" and discretionary. If the chief knows that you do not get along with your neighbors, he or she can also declare you to be "not a suitable person" and deny the LTC. If you faced a juvenile charge for shoplifting a $2.00 item back when you were 12 years old, you could be denied the LTC. As I said, the police have access to all CORI records, juvenile and adult. Hiring managers in the private sector don't, so a criminal history should not be an obstacle to employment.

The point is that the question is not worded have you ever been convicted with a crime, or even charged with a crime. It's worded "Have you ever been arrested?" Regardless or whether records have been sealed or expunged or whatever, I can guarantee you that they do not regard that as a reason to answer "no". Failing to answer truthfully would be regarded as an ethical violation. That's why being arrested is such a big deal for some professions.

 

[KRS1]

What sucks is that you can get hired and go through training BEFORE they use the services of a background checking service. Training in my case went on for a month before they found out i had weapons violations.

 

[TOM1960]

Private organizations only have access to the "civilian" CORI in MA. No sealed records show up on a civilian CORI. But that is MA, not sure about your state. About 6 years ago, my girlfriend and I drove from Corpus Christi to Brownsville, then parked the rental car and walked across the bridge over the Rio Grande into Matamoros, Mexico. They were selling switchblades openly, but they were of poor quality (I suspect Pakistan or India was the source). Better to save up the cash and buy a quality knife. Were you convicted in Texas and Virginia? If so, felony or misdemeanor?

 

[TOM1960]

The point is that the question is not worded have you ever been convicted with a crime, or even charged with a crime. It's worded "Have you ever been arrested?" Regardless or whether records have been sealed or expunged or whatever, I can guarantee you that they do not regard that as a reason to answer "no". Failing to answer truthfully would be regarded as an ethical violation. That's why being arrested is such a big deal for some professions.

Correct. You answer (Question #10) on the MA FID/LTC form in the affirmative if you were ever a defendant in any court of law for charges other than minor motor vehicle violations (traffic court). Question #12 asks if you ever had a restraining order taken out against you. Unless you are a convicted felon, they have to issue the FID card in MA, so I never worried about it. LTC (for handguns and large-cap semi-auto long guns) is discretionary and "may issue". The police chief in your town can declare you "not a suitable person" if you answer "yes" to #10 or #12.

 

[truest]

Tom - quick question about NYC court. I want to go tomorrow to settle this summons, but where do I go to find out if I can go in before my schedule date? I read somewhere the clerks office first?