OK....Now I'm P****d

Well I have ( with your encouragement ) decided to follow through with trying to get the blade back. Asked a deputy that I'm aquainted with to help. He said he would ask his supervisor to speak to the jackass's supervisor. He came back with negative results.

Can anyone provide a definition for 'gravity' knife? I'm assuming it's something with virtually no spring or that its an OTF.

I may actually NOT be able to get it back if I read the statute properly. In defines a gravity knife as one which can be opened be centrifigul force ( a wrist flick ) and locks in position when open. If this is right, it would make just about every modern knife illegal as they would be considered a gravity knife.
 
a 'gravity knife' is as you said,an OTF with no spring

the legal definition in most states is a knife that can be opened with a flick of the wrist, regardless as to whether or not it is an actual 'gravity knife'

good luck
 
I do not know about NY, but a Bailiff cannot take another's property without a reciept and to call that type of weapon a GRAVITY knife because it can be opened with one hand goes well byond even NY State Law. I would make a stink, a big time stink and get your LEGAL knife back before it ends upin the backpocket of some cop. I say this with 24 years in Law Enforcement.....:mad:
 
As a Retired LEO, I respectfully disagree with some of the posters on this thread.

As a supervisior I was called many times to assist a officer with "contraband" such as drugs, alcohol, and various other items. Normally with such things I deemed them illegal and explained to the individual that they had a choice. Either be arrested on the spot or they could choose to destroy the evidence and be allowed to go on their way.

Often drugs were scattered, alcohol was opened and poured out and the individuals were let go. This was all done by them and not the officers.

This knife is a little different matter. I seriously doubt that it was "destroyed". I also doubt that it resides in the possession of the "officer" who relieved you of it. I have enough faith in most officers that it is probably in a evidence locker or in a place where it could be retrieved if requested. That location may be the desk drawer of the officer who took it, and not have been placed into evidence yet, and may not ever.

Your choice here, in my opinion is to first decide if you feel that the knife is "legal" in this jurisdiction, and if it was "legal" for you to carry it where you had it. If it is I would not hesitate to request it back and I feel you would get it. If it is not available then a complaint should be made to the "internal affairs" section to find out what happened to it. If you feel that it was questionable, I would probably forget about it and chalk it up to experience.

I just don't feel that the officers should be painted with a broad brush without additional details and facts.
 
You did the right thing in this situation. You were wronged the "LEO" is a thug with a badge but the "law" is on his side. At least the knife was not one of a kind or custom so it is "disposible". what are you going to buy now to replace it? The CRKT Kasper is an awsome knife and at its price it is a throw away if the situation warrants it.
 
The New York State Penal Code defines a gravity knife as the following:

"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.


This is up to interpretation, of course, and it sounds like your knife would have fit. I don't agree with it (nothing is quicker to deploy than a fixed blade - it's just not as flashy so it appears"safer"!!)
but that's the exact wording of the law. Sounds likeyou might not have any luck with the supervisor.

And hey everyone - enough LEO bashing!! As I said before, we - the majority - are not all like that.
 
Here's a copy out of NY Penal Code:

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.

If he could open your knife with a flick of his wrist that means it opens by "the application of centrifugal force" so he could legally confiscate your knife and/or arrest you. Now before people start yelling at me I don't agree with the way the law was written and think that officers should show some discretion as Chris said in an earlier post. I'm an officer in Texas and our defination of gravity knife is the same as New York. However if I used no discretion and arrested everyone based on that defination I would have arrest just about everyone I had contact with. That being said I would cut your loses at drop it. I'm sure New York has a statute of limitations just like Texas and if you push the issue to much you may end up getting the charges filed against you at a later date. I'm not saying that is the right thing for the officer to do I'm just saying it could happen.
 
Jbutera, sorry about your loss. I'd be mad too. Unless you can retain a good criminal defense attorney, you're probably better off letting it go.

Now don't anyone take this as "cop bashing." I'm 100% pro police--as long as they are doing their job not just to the letter of the law, but also the SPIRIT of the law.

The SPIRIT of the law is that good people shouldn't be hassled. Period. End of story. No arguments.

Now if your piece had been a switchblade or a Sifu which easily swung out when lightly wristflicked, then I suppose he would have been hard pressed to ignore it (even though I think any knives should be legal to own/carry/etc.).

But a CS Medium Voyager is an average size POCKETKNIFE. It is not an unreasonable size, nor are most of them easily inertia opened, at least not the two my buddy has.

If this cop had any questions about the legality of your knife, he should have given you a warning and sent you off to secrete the knife elsewhere. But he had to be a smart***, didn't he? I'm just a lowly security guard, but I'm not a smart*** and I don't look for opportunities to get folks in trouble. Criminals are fair game, but if someone is doing something which MIGHT be illegal and they seem to be doing it INNOCENTLY, then a warning is appropriate. As a practical matter, our CJS is already overburdened. Why f*** with noncriminals? Why not spread the spirit of cooperation and good intentions instead of making an enemy of an otherwise law abiding citizen?

THAT'S DISCRETION!! However, some cops seem to think that they alone are the saviours of civilization! They alone are "crime fighters." And ordinary folks are just pawns to take advantage of?

IT IS MY JOB AS A CITIZEN TO AID LAW ENFORCEMENT WHENEVER AND WHEREVER I CAN. IT IS MY JOB TO SUPPORT THEM AND HELP LOOK OUT FOR CRIMINAL AND UNSAFE SITUATIONS. I AM THE EYES AND THE EARS OF THE POLICE. IN FACT I AM THE FIRST LINE OF DEFENSE IN CRIMEFIGHTING. SO IS EVERY OTHER CITIZEN OUT THERE WHO GIVES A S****. In most cases, if no one called the cops, when would they ever get there or even know something was wrong? What happens when we don't work together?

THE CRIMINALS PROFIT, THAT'S WHAT HAPPENS.

To think that that could have been me with my Delica or my Native! I can flick them open! And they don't have adjustable pivots, either. I can flick almost all of my folders open! Any cop who has done some practice will be able to do the same. And any cop who flicks open my Delica or my Native or my Calypso Junior and claims it is a "gravity knife" IS NOT ON MY SIDE.

Now if I go into a situation with a bad attitude and smart off to a police officer first, then I probably deserve to be treated like a scumbag in return. I know from ridealongs, from watching, and reading that cops don't have the "perfect, stress-free job," so I figure I should always cut them some slack, even if they are surly, indifferent, or rude. I'll take the s*** and look the other way. I figure they don't need any "customer service lectures" from me, so I won't give them any. I try to understand.

But only as long as they are doing their job and protecting not only my safety, but my CONSTITUTIONAL RIGHTS. And the inference that not only is my POCKETKNIFE always to be considered a "weapon," but the additional inference that I AM A SCUMBAG based upon a POCKETKNIFE is an INSULT.

To sum up, it's real simple: go after the criminals and daredevils who are out to hurt people or risk injuring others, and leave the good guys alone, giving guidance and instruction when necessary and appropriate.

Confiscating your knife did not in any way protect that courthouse any more than holding it for you or telling you to take it out of there and put it away. Unless he recognized it as an actual "gravity knife" then he shouldn't have "tested" it to begin with.

Police often complain about a lack of concern or a lack of caring on the part of nonpolice. There are places where witnesses don't come forward, for various reasons. Well, I do care, and I do my part. I do MORE THAN MY PART. THAT'S WHY I'M RANTING ABOUT THIS.

We all need to work together to fight crime.

Rant over.

Karl
 
Just curious:

How does it work flying with a 3.5" folder? Will they let you on a plane with it, or do you have to stow it in your bag?
 
Karl I think you sumed it up very nicely and from a cop point of view I don't feel bashed you just spoke the truth.
 
Originally posted by monkeyxx
Just curious:

How does it work flying with a 3.5" folder? Will they let you on a plane with it, or do you have to stow it in your bag?

3.5" is pushing your luck for carry on. Basically, the rule-of-thumb is under 3" and non-serrated.

By the way, if you use the search function, you'll find lots of threads on the topic, both in this forum and in the various archives. It's a very popular topic.
 
Joe,Joe,Joe.........I've been telling you,if you carry an automatic you'll know enough to leave it home. See you on Hertel.
 
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