Shipping Knives to New York state

[richard thurman]

Yes I can see why they went after them. Butterflies went 50 states illegal. You can not import them in the USA and that is why the made an example of them because I heard another company was about to do the same thing down here in fl and the feds said do you want the same?? I rather just stay in my little Conner. I still think that that law on shipping switchblades is out dated. I got stabbed with a mark 2 survival knife 6 times. The person stabbed me not the knife.

 

[jaymeister99]

I live in the suburbs of New York City and I can break this down.

First there is no limit for a blade length in the state of NY (under state law). This does not include local laws. The 3" that many people hear in NY is simply not true.

But it is illegal to carry a "dangerous knife". Generally from what I have heard from the Police here is that this means any fixed blade knife over 3" usually being used in a crime and/or expected to be used in a crime. But of course this depends on the situation. Carry a 10" sheath knife in a typical town in Delaware county you won't have much to worry about. Try that on Long Island and you will have the cops on you like white on rice!

In NYC it is illegal to carry any knife over 4", any fixed blade, or any lockback. This leaves you with pretty much nothing but a small slipjoint as being the only "legal" knife to carry in NYC.

Switchblades and "gravity knives" are illegal anywhere in NY state. Except for use while hunting. WHAT? Yes it is legal to have one while you are hunting, but not legal to buy it or have it in the first place!

"gravity knives" is where the NYC problems started. The DA in NYC started raiding stores selling liner-locks and claimed they were gravity knives. LINER LOCKS ARE NOT GRAVITY KNIVES AND THE DA KNOWS IT. The law states:

"Gravity knife" means any knife has blade which is released from the handle or sheath thereof by the force of gravity of the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever, or other device.

 

[jaymeister99]

Everyone is running scared about NY now. Recently, I was shopping in the hunting department of the Kittery Trading Post in Kittery, Maine. A guy and his wife were trying to buy a bolt-action .22 rifle for target shooting. They were from Garden City, Long Island, NY. When the clerk heard this, he became very nervous. He said that he cannot sell to NYC. When the guy replied that they were not from NYC and that the sale of the rifle would be legal under both federal and state law, the guy called his supervisor. The supervisor, a young woman, replied that KTP could not sell him a rifle, because of NYC gun laws. He told her that Garden City was not NYC, but she still refused the sale. She also looked at the Buck 110 that he was about to purchase and told him that he would be subject to arrest if he took that knife to NY! She told him to purchase the knife at his own risk, she wouldn't be responsible if he ended up in jail for possession of it, etc. Completely frustrated now, the couple walked out without making a purchase at all.

That is absolutely rediculous on the part of the store owner. It is completely legal to sell that gun to a NY resident visiting Maine. Not only is that rifle legal in NY State, its also legal in NYC. I don't blame em for walking out!

 

[bpiatt]

I live in Rochester, NY and I have not had any issues shipping or receiving knives. I have shipped quite a few knives to my brother in law in NYC without issue either. Just be smart and dont label your package " Very Sharp Tool used for Murdering People" and you'll be fine.

 

[tom19176]

Jaymeister, you are wrong on a few points, so please read the several other threads about NY law. Don't "break it down" for us if you are not 100% correct in what you know. Thanks.

 

[jaymeister99]

Jaymeister, you are wrong on a few points, so please read the several other threads about NY law. Don't "break it down" for us if you are not 100% correct in what you know. Thanks.

Tom,

No disrespect to anyone intended. What am I wrong on?

 

[tom19176]

Ok. My fingers will be sore and I have posted this soooo many times, but here you go. A dangerous knife is a knife carried with intent to use as a weapon ( even self defense) and can be of any size or design when the person carrying it states he is doing so as a weapon. It can also be any knife whose design is such as to be a weapon ( tanato , bayonet and other similar type designs). The NYPD feels AOs are weapons by design.

It is not illegal to carry ANY locking folder in NYC, just anyone over 4" and or that can be flicked open.

Switchblades and gravity knives are legal for hunting, trapping and fishing as long as you possess a valid license and in NYC if the blade lenght is over 4" you must be going directly to those and from those activities. This was really allowed to grand father exisiting knives in the hands of the public when the law was passed in the 1950s, however the wording is such as to allow for present day carry under those conditions. This is why any type of transfer ( other than to law enforcement) is illegal, but you can use them under certain conditions if you somehow got them. Buying them is not pre se illegal as the thought is the possession charge would cover that.

Final correction is the Manhatten DA is stateing that ANY locking folder that flicks open is a gravity knife not just liner locks ( unfortuantely there is a lot of case law to back him on this point) but I believe he is wrong, and he claims that AOs are switchblades ( which they are not, and there was a jury trial in Queens that found that way two months ago).

You can not carry any knife exposed in NYC.


The rest you are mostly correct on. I am not trying to be a stickler, but when you make a statement that may effect someone's freedom and or criminal record then you should be totally sure of the information. I always advise in following the law, and ask a DA or ADA for what your local law is, and get it in writing from them. In NY this is an affirmative defense if you believe you are acting in accordance with the law as explained to you by someone in authority to enforce that law.

 

[jaymeister99]

Ok. My fingers will be sore and I have posted this soooo many times, but here you go. A dangerous knife is a knife carried with intent to use as a weapon ( even self defense) and can be of any size or design when the person carrying it states he is doing so as a weapon. It can also be any knife whose design is such as to be a weapon ( tanato , bayonet and other similar type designs). The NYPD feels AOs are weapons by design.

It is not illegal to carry ANY locking folder in NYC, just anyone over 4" and or that can be flicked open.

Switchblades and gravity knives are legal for hunting, trapping and fishing as long as you possess a valid license and in NYC if the blade lenght is over 4" you must be going directly to those and from those activities. This was really allowed to grand father exisiting knives in the hands of the public when the law was passed in the 1950s, however the wording is such as to allow for present day carry under those conditions. This is why any type of transfer ( other than to law enforcement) is illegal, but you can use them under certain conditions if you somehow got them. Buying them is not pre se illegal as the thought is the possession charge would cover that.

Final correction is the Manhatten DA is stateing that ANY locking folder that flicks open is a gravity knife not just liner locks ( unfortuantely there is a lot of case law to back him on this point) but I believe he is wrong, and he claims that AOs are switchblades ( which they are not, and there was a jury trial in Queens that found that way two months ago).

You can not carry any knife exposed in NYC.


The rest you are mostly correct on. I am not trying to be a stickler, but when you make a statement that may effect someone's freedom and or criminal record then you should be totally sure of the information. I always advise in following the law, and ask a DA or ADA for what your local law is, and get it in writing from them. In NY this is an affirmative defense if you believe you are acting in accordance with the law as explained to you by someone in authority to enforce that law.

I may be mistaken but that sounds like the same as my statements (except in a bit greater detail). I'm certainly in agreement here with your statements.

I don't think anyone should be baseing what is legal on any post from a forum (even mine).

 

[tom19176]

All the points I made were to clear up where yours were not correct. I see the differences.

 

[jackman2]

"Gravity knife" means any knife has blade which is released from the handle or sheath thereof by the force of gravity of the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever, or other device.

Well that most certainly is an axis lock. I live in NY and it sucks.

 

[Sonny]

I may be mistaken but that sounds like the same as my statements (except in a bit greater detail). I'm certainly in agreement here with your statements.

I don't think anyone should be baseing what is legal on any post from a forum (even mine).

Hm, I have to agree with Tom, I too can see the differences..Tom's clarifications are very important.

Particularly take note of:

Jay:
"In NYC it is illegal to carry any knife over 4", any fixed blade, or any lockback. This leaves you with pretty much nothing but a small slipjoint as being the only "legal" knife to carry in NYC."

Tom: (correct)
"It is not illegal to carry ANY locking folder in NYC, just anyone over 4" and or that can be flicked open."

"You can not carry any knife exposed in NYC."


But, I also agree, that legal advice/counsel is always better than information gleaned from a forum...but that doesn't mean that a forum can't be helpful. I agree with Tom that we as a community of a particular hobby should try to make sure our info is 100% to help our fellow brothers out.

:thumbup:

 

[tom19176]

Thanks Sonny. I have been involved with law enforcement for years, and I always try to make sure people look at all the actual laws, and how they are played out in the field of law enforcement and then in the court room. There are many officers that will tell you all locking blades are illegal, and any blade over four "fingers" is illegal. Neither of these is the law, and when stated as fact they must be corrected or the mis information will spread.....I think the best thing people can do is spend a day or two as a visitor in criminal court watching what goes on in their. Your view of the world as you think it is will be dramtically different, and I do not mean jury duty as that leaves you exposed to the final end of the court system where all else has failed to dispose of a case, and the DA has decided to take the most costly course to bring the case to closure. You will rethink most of what you thought you knew very quickly. The best way to get the truth of what the law is: Ask the DA for it in writing! Even asking verbally will result in an off the cuff answer that may or may not be correct.