nyc law?

[nybble]

Hello,

I've been looking around but haven't found any information on balisong's and nyc. I've seen some sites that print the actual law, but the legalese, is... well... legalese to me.

Thanks for any information or pointers!

nybble

 

[tonyccw]

Balisongs were classifed as gravity knives and thus are banned from possession and carrying in public. You can be charged with Illegal Possession of a weapon if caught, serving a term of no more than one year. Sales of balisong within New York City limits are also illegal.

 

[Nakano 2]

If you purchase, use, transfer or possess and sort of knife, firearm/ ammunition, hunting equipment (bow and arrow, slingshot, etc.) you' ll do good to obtain a copy of the New York State Penal Law and Criminal Procedure Law. Every state has their own copy of law. They are a wealth of information. These are what tells you "WHAT" and the "HOW". In NYC, they are available in better Barnes and Nobles bookstores. To elaborate on the info tonyccw provided:

Under Article 265- Firearms and Other Dangerous Weapons

article 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.

Balisongs can easily be defined under this definition. Now about the Emerson "wave" opening device...

Nakano

 

[nybble]

Nakano,

Thanks for the information. I'm curious, though, about the line that says - ..."which, when released, is locked in place by means of a button, spring, lever or other device. "

Does that mean that a latchless balisong would be ok, since it doesn't lock in place at all? That seems like a not much of a reach according to the law. Possibly if you did not open the blade in front of anyone using centrifugal force you could claim it not being a gravity knife, but maybe that's a bit of a stretch.

felix

 

[tonyccw]

Originally posted by nybble
Does that mean that a latchless balisong would be ok, since it doesn't lock in place at all? That seems like a not much of a reach according to the law. Possibly if you did not open the blade in front of anyone using centrifugal force you could claim it not being a gravity knife.....B]

Negative. While the appication of centrifugal force may make a knife a gravity knife (and many membrs of the NYPD will define an easily flicked non-bali folder as a gravity folder), and the fact that a latchless bali will have no mechanical locking device, it is still banned under NYC Criminal Weapons Code. Because a bali is still a gravity knife, and your hands holding the bali open, by gripping both handles, will be constituted as a locking device. Trust me, I have personally fought that battle, and lost my custom Latchless BM Deep Belly Bowie to the NYC Courts.

 

[Nakano 2]

Disclaimer: I am not a lawyer. Nor do I give advice as such.

Laws are written vaguely at times. The NYS Penal Law is no exception as many of its definitons are open to ones interpretation. I have no knowledge of case law that has supported the lawful ownership of balis. Tony has pointed out an example of a "locking device" being the hand. Ridiculous? Apparently it has held up in court.

Additionally, NYC has it own Rules and Regulations and Administrative Codes, both which are more specific and restrictive than the states Penal Law. I.e.: NYC specifys that possession of a knife with a blade length that exceeds 4" is grounds for arrest. This would constitute a violation. However, in NY STATE there is no article under the Penal Law that indicates any restrictive blade length!

Nakano

 

[nybble]

Thanks for all the information! That's really too bad, I was looking forward to having that new BM31 all clipped to my pocket. Sigh. I guess I'll just have to keep them at home.

Trust me, I have personally fought that battle, and lost my custom Latchless BM Deep Belly Bowie to the NYC Courts.

OUCH.

Thanks again.

felix

 

[Agent-A1]

Remember that NYC and NY state law are different. It is techniquely legal to carry in the state. Check the penal law it's in the late 200's in dealdly weapons.

 

[Nakano 2]

Please cite the article and chapter for your info. Without re reading the entire Article 265, there are exemptions for NY STATE under 265.20 which may include more than Balis: authorized military, authorized peace officer, manufacturer, persons employed in a defense contract for the US Gov't., and for individuals for use while hunting/ fishing/ trapping where such person is carrying a valid license issued to him pursuant to section 11- 0713 of the Environmental Conservation Law. This is the only apparent exemption for civilians. Can anyone here confirm this last exemption with experience?

For NY CITY, the above info would be moot. As it does not apply.

Nakano

 

[tonyccw]

Originally posted by Nakano 2
Please cite the article and chapter for your info. Without re reading the entire Article 265, there are exemptions for NY STATE under 265.20 which may include more than Balis:

This is the one under discussion. From a NY State (not City) Case law:

- 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).

Sourced from http://pweb.netcom.com/~brlevine/ny.txt.