NYC / Switchblades / Possess, not carry, law questions

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fredlegentil

Joined
Apr 1, 2007
Messages
2
Hi all,

My name is Frederic, I am French and I live in NYC for a year and a half now.

I am a knife enthusiast with a very humble "collection", my main piece being a Benchmade Osborne 770 that I bought almost 8 years ago.

I never carry knives outside my home even though I wish I could (just because I like knives and it could become handy but definitly not for personnal defense reason ... for this I'd prefer to run away from danger ...) but NYC laws are way to restrictive for me.

Here is the deal, I am craving for Microtech's OTF for years now and I know that this subject have been discussed many times. (I went through approx. 75 pages of this forum concerning laws).

Still I have many doubts about how to interpret these laws. so here are my questions :


1) As far as I understand the law (Penal Law Section 265.01), switchblades are definitly a no/no in NYC weather it is carry or possession (which per my understanding includes ones home). But in 265.20 Exemptions states "Possession of a switchblade or gravity knife for use while hunting,
trapping or fishing by a person carrying a valid license issued to him
pursuant to section 11-0713 of the environmental conservation law".

So technically, by having a standard Fishing licence I could possess a switchblade knife (not talking about carrying outside, just buy and have it home).


2) Lets assume that I can buy and possess a switchblade in NYC. I would buy the knife online. Then comes the Federal Switchblade Act which states "Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both" so as I read and understood, technically a company shouldn't sell Switchblades outside their own State.

But in Section 1244. Exceptions we find "Sections 1242 and 1243 of this title shall not apply to any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business" So my understanding is that technically, FedEx / UPS / DHL or equivalent that are not USPS would be the legal way to ship a Switchblade interstate.


Conclusion

The important point is that I love living in the US and I don't wan't to jeopardize it buy buying such a knife even if I really would like to have one. If there is any legal way then great otherwise ... hopefully someday I'll live in a Switchblade friendly State :D

Thank you for your help


Frederic
 
Welcome Frederic!!

fredlegentil said:
1) As far as I understand the law (Penal Law Section 265.01), switchblades are definitly a no/no in NYC weather it is carry or possession (which per my understanding includes ones home). But in 265.20 Exemptions states "Possession of a switchblade or gravity knife for use while hunting,
trapping or fishing by a person carrying a valid license issued to him
pursuant to section 11-0713 of the environmental conservation law".

So technically, by having a standard Fishing licence I could possess a switchblade knife (not talking about carrying outside, just buy and have it home).
Click to expand...
Yes, you are quoting the law correctly, I can almost guarantee you that if you are caught with one, even though you have a fishing license that you will have a legal battle on your hands. Especially in NYC, which as you probably already know has even more resrictive laws than the rest of the state.

fredlegentil said:
2) Lets assume that I can buy and possess a switchblade in NYC. I would buy the knife online. Then comes the Federal Switchblade Act which states "Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports or distributes in interstate commerce, any switchblade knife, shall be fined not more than $2,000 or imprisoned not more than five years, or both" so as I read and understood, technically a company shouldn't sell Switchblades outside their own State.

But in Section 1244. Exceptions we find "Sections 1242 and 1243 of this title shall not apply to any common carrier or contract carrier, with respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in the ordinary course of business" So my understanding is that technically, FedEx / UPS / DHL or equivalent that are not USPS would be the legal way to ship a Switchblade interstate.
Click to expand...
Never use USPS to ship an auto. They can charge you with using a federal agency to ship unmailable items thru their service. That would be in addition to breaking the federal law forbidding interstate shipping of autos. Even if you use another carrier besides USPS, chances are you are still breaking the federal statute.

fredlegentil said:
Conclusion

The important point is that I love living in the US and I don't wan't to jeopardize it buy buying such a knife even if I really would like to have one. If there is any legal way then great otherwise ... hopefully someday I'll live in a Switchblade friendly State :D

Thank you for your help


Frederic
Click to expand...
They have you coming and going in this state. Your best bet is to wait until you can hopefully move to a more auto friendly state and buy one there.. I hope this has helped you.
 
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It is weird. When I was in college in upstate NY, I went to a gun show and at that gun show they were selling automatics to anyone with a NY state hunting/fishing license. As for NYC, I'm not sure. I know it is more restrictive than the rest of the state. Karda covered it all in any case.

BTW, a Microtech OTF would be amazing. Really like them, but the cost and legal factor are issues for me.
 
The fishing license covers possession in your house, but I would buy a $20 fishing combo set with tackle to show your true intent to use it for fishing. T & T Gunnery in Seaford (Nasau County) sells autos and you could inquire there.
 
Unless you're a one-armed fisherman posting from a laptop while floating in Long Island Sound, you cannot legally own a switchblade in this state. Strictly speaking that may not be true, but that's the gist of it. I can't see messing about with automatics when you could carry a perfectly suitable one-hand folder.
 
Sharp Phil, you can own them with the fishing/hunting licnese. Why would you think different? In fact the Attorney General issued an opinion on this four years back when the museum upstate wanted to display switchbaldes in the knife museum, and the AG stated since they were not owned for use in fishing/ hunting/ trapping they did not meet the qualification stated in the Pl. The law was then changed to reflect a new definition of an automatic knife, and allowed museums to own thm for display reasons. The OP is reading the law correctly. I wish people would stick to the facts. I would not carry a switchblade when not engaged in the listed activities, but with your license and coming and going you are covered. In fact NYC worded the NYC Admin Code to state coming and going from the activity because the NYS PL was too general and the wording lead it to seem that a fishing license created a permit to carry at all times. Could an officer charge you not knowing the law? Yes. That happens everyday for many things.....There is NO one arm clause in the NYS or NYC law by the way. That exist only in the US Federal law that applies to certain areas that are in control of the federal government directly. People always use that quote about one arm ownership when they don't realise the federal law about possession is only in effect in very limited federal holdings, which 99.9% of any state is not included.
 
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Thanks again Tom! Your Knowledge helps clarfy things...although i myself still wouldnt risk carrying one in the pursuit of the listed activities. Hiring a lawyer and such is a headache i dont need, even if i were in the right. I've amended my previous statement.
 
Karda, I myself would not carry one unless engaged in the listed activity and even then I would not always carry a true switchbalde. ( I say even though I have a NYC Firearms permit and my old Captain ID ). That said if a collector has a fishing license, fishing gear, and keeps his kinfe out of plain sight when he is not using it for fishing, then he is not breaking the law. If the OP kept it in his house as stated, then there would have to be a valid reason to obtain a search warrant ( listing it as the subject of the search), or it would have to be in plain sight, and then he can show his lawful possession if all those requirments were met....
 
NYC is very strict about what you carry, i was at a show and the cop asked me to put my auto in my pocket out of sigth i said thank you officer he smile and showed me his, but legally is a big hassle not worth carrying it IMHO.up here in westchester county i carry what i want , never a Leo question or said anything about it in the 9 years living here.
 
Hi guys,

Thanks for all of your comments. So we now have make clear that there is a legal way to possess switchblades in NYC ! Yeah !

I am still wondering about the interstate shipping. I contacted a well known internet dealer and they told me they would ship any autos accross the US.

Do we have more info on that?

Thanks again !
 
Shipping to you is illegal for the seller as he introduces the item into interstate commerace. You could be viewed as conspiring to commit a crime by placing the order, but I have never seen that one charged yet. If the seller uses USPS, then he breaks a second Federal Law, that would not be broken by using UPS, Fedx or another private shipper. Hard to say more than that as that is the law. If you bought it in New Yrok State, then there is no federal violation, and NY law covers selling, lending, giving, etc, but not buying as the assumption would be you would possess it after you bought it and it would then be illegal, but you have a exception in play with the fishing license. I am sure the post above (#3), is showing how dealers tried to cover their sale by only selling to someone with a fishing/hunting/trapping license, but they still violated the law when the transfer occurred....
 
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