Spyderco in New York State

Sharp Phil said:
There's really no point in worrying about all these specific definitions and designs. You could be charged with a crime for carrying absolutely any knife if the officer wants to charge you; it all comes down to his whim and your conduct.
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His/her whim could easily get the officer and/or the department sued for millions (false arrest, false imprisonment, damage to one's good name, loss of employment if the boss fires you as a direct result of the wrongful arrest, etc.). A good attorney would also seek punitive damages as well as court costs and pain and suffering (emotionally, mentally, etc.). Someone needs to rise up righteous and nail these punks with badges real good. Yes, some officers are good people but a lot of them are just criminals themselves with a badge. Former FBI agent John Connolly, who protected the James J. "Whitey" Bulger crime syndicate in Boston, MA proves my point. He was not the only dirty agent in the Boston Field Office; he was the only one who was successfully prosecuted and imprisoned. And the FBI is supposed to be our premier LE agency. This says a lot about NYPD. I don't trust police; never did, never will.
 
Millions? Let's not be absurd about this. At most, it would mean you'd win the court case in which you pleaded innocent to a misdemeanor charge of carrying a prohibited weapon. You'd be out the money it took to defend yourself, too.
 
I just started a topic on what happened after a police officer saw my folder in my pocket in the NYC subway. Things are getting a bit ridiculous in NYC...
 
Sharp Phil said:
Millions? Let's not be absurd about this. At most, it would mean you'd win the court case in which you pleaded innocent to a misdemeanor charge of carrying a prohibited weapon. You'd be out the money it took to defend yourself, too.
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If the "weapon" turned out to be a perfectly legal pocket knife or other tool, you would have NYPD by the proverbial gonads. The only problem is, like restraining law violations and other accusations that tend to draw out the worst of emotions, people tend to plead out rather than exercise their right to a trial by jury when it comes to so-called weapons violations. Big mistake there! Fight for your rights! If you don't, who will? Never back down and never quit!
 
I'm not saying you shouldn't stand up for your rights, but I think you grossly overestimate the damages the court would believe you are due. I think it much more likely you'd be out court costs and simply grateful to have beaten the charge to leave with a clean record.
 
Well, I know over here there have been a number of successful lawsuits in federal courts against police who arrest for items which are not weapons. Under the US Code, arresting for things that are not against the law is false arrest. You have to sue for it though, the officer is not automatically penalized unless his/her department chooses to do so.
 
Unfortunately, the law in NYS can always fall back on the "dangerous" knife language. How do you prove that a knife is not dangerous?
 
suedeface said:
F*ck New York City and the NYPD. Fight some real crime A**holes...
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say that again.

i could never understand the fear of how fast or easily a knife opens when one can just carry one that is already and always open,a fixed blade.

for the most part this is just metro sexual,liberal NYC,nanny state shenanigans and not so common in the rest of the state.

i think to have a problem with this up-state would be very unlikely but like phil said they'll use any type of knife against you if their looking to give you a hard time.

if you really need or want to carry in NYC than take a leatherman.you gotta open that damn thing up twice to get the blade out and its extremely PC friendly,even friendlier than a SAK maybe and it can be used for self defense in more way than one.

bottom line,if your in NYC dont let any cop see a knife on you no matter what type.if your north of westchester county dont friggen worry about it unless your already up to no good.

this topic pisses me off
 
glistam said:
Well, I know over here there have been a number of successful lawsuits in federal courts against police who arrest for items which are not weapons. Under the US Code, arresting for things that are not against the law is false arrest. You have to sue for it though, the officer is not automatically penalized unless his/her department chooses to do so.
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And remember, on the civil side, an unknown security guard named Dick Heller was able to get the D.C. civilian handgun ban overturned via a U.S. Supreme Court decision. There is hope after all!
 
Sharp Phil said:
I'm not saying you shouldn't stand up for your rights, but I think you grossly overestimate the damages the court would believe you are due. I think it much more likely you'd be out court costs and simply grateful to have beaten the charge to leave with a clean record.
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All you would have to prove in court is that the NYPD (or other PD) officer was negligent and that you suffered harm due to this negligence. Losing one's job as the result of a false arrest would be an example. Remember the grandmother who successfully sued McDonald's and was awarded millions because a cup of hot coffee was spilled on her? Same principle. Negligence plus personal harm (physical or not) equals fertile grounds for huge lawsuit. If this wasn't the case, there would be no such animal as a contingency-fee attorney.
 
Are you willing to be the test case? I'm not saying you're not right; I'm just not optimistic about your chances.
 
So far as I understand, fixed blade's are fine right? Just pick up a Izula or Spyderco SPOT. :)

I figured the T-Mag would be safest, it doesn't lock, the magnet, while strong, isn't as strong as you would believe. It's a smaller, more friendly looking knife then say, a Chinook or Military.
 
There are no guarantees. Your fixed blade might look, to the officer, like a "dirk or dagger," and there's some case law that indicates the possession of something like that is synonymous with criminal intent (the penal code says it's illegal to possess a dirk or dagger with criminal intent).
 
I don't remember who said it but someone on the forums said something like "It's easier for the police to punish the law abiding citizen than to hunt down the criminal." I swear if I upgrade to a basic membership I want to put that in my sig.
 
AmericanPatriot said:
I don't remember who said it but someone on the forums said something like "It's easier for the police to punish the law abiding citizen than to hunt down the criminal." I swear if I upgrade to a basic membership I want to put that in my sig.
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The sheep are easier to herd than the wolves.

(copyright, me :D )
 
Hey Phil
Im a huge fan of The Martialist keep up the good work. But i have a question what do you think about how police in California view the multitool, such as the Leatherman Wave or Skeletool. I carry the skeletool because of the one handed opening blade which could be used in self-defense, (and my hands are small so it can be used as an impact device as well) yet is still useful (i really do use the other tools included)
 
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