Interesting case you stated about the upstate matter. Assisted openers are legal by the switchblade definition wording, but are they designed as weapons? I say not, but over the years I have showed them to about 50 different officers and none thought they were legal, and all but one clearly thought they were switchblades. I actually bought some of those $3 wholesale China AOs and gave them to several officers as gifts, so they could explain and show othesr why they are not switchblades. The self defense statement will almost always get you arrested and most likely will not be dropped due to the self defense claim. Always remember that self defense involves you admitting you took action against another person under the belief you did so as a last resort. In NYS there are only five clear times deadly force can be used by a non LEO: Arson, rape, robbery, murder and attempted murder. A break in of your home still needs an elimate of self defense in it or the fact that a larceny became a robbery.
What should scare everyone the most, is how long a thought process was taken to answer the simple question of a knife being legal or not. This is a misd charge and the judge wrote a small novel on the issue. He reasoned all angles to a end that he concluded seemed sound to him based on other past cases.....makes you not want to carry anything in NY right?
Actually, it makes me not want to cooperate w/ LE accept for the bare legal minimum. If they want to boost their career arrest numbers, they can do it without my help. If Richards had kept his mouth shut, he (supposedly) wouldn't have been arrested. I don't believe that for a minute, what I do believe is that this case has some peculiarities that caused it to generate some minor legal opinions re instructions to the jury (notice no mention is made of throwing the case out despite the fact that the charges have no standing without the defendant's verbal response, and no real chance of going forward without additional evidence. Apparently the judge is willing to allow the DA a roll of the dice with this man's future).
With all due respect, the statement requiring an element of personal danger to terminate a burglary is not supported by the Penal Code. The fact that a perpetrator is willing to enter a dwelling to commit a crime carries with it an assumption that the occupants are in danger. The homeowner isn't required to make a clear determination of whether the intruder is armed, what their real intent is etc. If you're both there at the same time, it automatically becomes a burglary opposed to a larceny. Unless circumstances are such that it is
obvious the intruder is not dangerous, one can assume that they are - inside a dwelling or a shed/garage directly attached to a dwelling. Any burglar that doesn't immediately flee upon discovery is putting themself in legit, mortal danger.
Deadly physical force can also be used to effect the apprehension of someone under certain circumstances, even if the actor is no longer in direct physical danger.
I agree that admitting you carry a knife as opposed to a pepper spray or a legally licensed concealed handgun (!!??) for self protection could (will) get you arrested, getting a conviction is going to require some convincing arguments about the physical characteristics of the knife in question and the circumstances surrounding the arrest - at least if the actual wording of the law counts for anything. By simply keeping one's mouth shut, or saying you carry a knife for general utility, one
should avoid any harassment from LE provided the knife in question isn't overtly built as a weapon (whatever that standard could encompass), and you aren't engaged in any other questionable activity.
Again, it makes me not want to carry anything to close to NYC, clearly the farther one gets from Downstate, the more rights one has.
HH
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