Ordering Balisongs online if I live in NY

L

luvsogknives

Joined
Jan 3, 2010
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I was thinking of ordering some balis, like the Benchmade Morpho online, but I don't know the legal ramifacations of ordering them from out of state, and then just keeping them in the house, or if it is completely illegal to own them to begin with. PLEASE HELP!
 
I'm fairly certain that you can keep any knife you like in your home. There are laws against "possession" of certain knives, like switchblades and stilettos. But what you do in your own home is your business... unless you give the police a reason to enter you home.

As for butterfly knives, case law has established that they are legal and do not count as gravity (or other prohibited) knives. That suggests you can actually carry them, so long as you follow other applicable local laws as regards blade length, display, usage, etc. I know that here in NYC you can carry a knife as long as the blade is shorter than 4".
 
NY law defines possession as some one who has control over an item no matter where the item is, including your home. Butterfly knives have been deemed not to be gravity knives in several court cases, but they have been deemed to be dangerous knives as they are thought to be weapons by design. Now I am a former NYC LEO who was a ranking officer, so you can listen to me or Texas Toothpick, but if you listen to TT have bail money and your lawyer on speed dial.....Here is the law:

http://knife-expert.com/ny.txt
 
Hey Tom, am I to understand that ANY locking blade is illegal in NYC? That's what your link says, but it strains credulity. Regarding "possession," as I wrote, even if you keep something illegal in your home, you needn't worry so long as a LEO doesn't visit you. As for butterfly knives (which, for the record, I think are silly), your link had this to say:

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).

Thanks for the handy link.
 
Texas Toothpick said:
Hey Tom, am I to understand that ANY locking blade is illegal in NYC? That's what your link says, but it strains credulity. Regarding "possession," as I wrote, even if you keep something illegal in your home, you needn't worry so long as a LEO doesn't visit you. As for butterfly knives (which, for the record, I think are silly), your link had this to say:

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).

Thanks for the handy link.
Click to expand...

That interpretation of a gravity knife could be applied statewide. It's just applied a lot more frequently in NYC than elsewhere in the state.

Also, remember, that it does not encompass locking knives which have a manually operated lock. There is a couple of other models that can't be flicked too.
 
I would not say that ANY locking blade is illegal, but if you can flick it open then it is a gravity knife so long as it locks. That is the state law they are using by calling it a gravity knife, not the city law. The NYC law only restricts blade lenght and method of carry. A dangerous knife is not defined, so anything an officer feels is a weapon style knife or you state you are carring it as a weapon would be a dangerous knife.
 
tom19176 said:
NY law defines possession as some one who has control over an item no matter where the item is, including your home. Butterfly knives have been deemed not to be gravity knives in several court cases, but they have been deemed to be dangerous knives as they are thought to be weapons by design. Now I am a former NYC LEO who was a ranking officer, so you can listen to me or Texas Toothpick, but if you listen to TT have bail money and your lawyer on speed dial.....Here is the law:

http://knife-expert.com/ny.txt
Click to expand...
Tom19176: My boss owns property in upstate NY (Adirondack region) which is used primarily for hunting/fishing. If I accept his invitation to go hunting, I plan to bring my 4" Cold Steel "Voyager" lockblade folder, along with my .308 rifle. If I have a valid non-resident NYS hunting license, would my folder be legal, even though it can be flicked open? Is there an exception for folders used as hunting knives? Any insight that you might be able to provide would surely be appreciated!:)
 
I would say that as long as you are using it for hunting and have a valid license than you should be fine as that fits into the exception noted in 265.20#6. Upstate tends not to get too crazy about knives at all anyway.
 
tom19176 said:
I would say that as long as you are using it for hunting and have a valid license than you should be fine as that fits into the exception noted in 265.20#6. Upstate tends not to get too crazy about knives at all anyway.
Click to expand...
Thanks for the reply, tom19176. I figured that the local LEOs wouldn't harass properly licensed sportsmen but it is good to have further reassurance. Thanks again!:thumbup:
 
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