What CAN I carry in NYC?

tom19176 said:
Heavy Hand, the MTA has allowed the entry to the subway to have a random stop and frish of person and belongings as a condition of entry, and if asked to stop you have the "option" to not enter and walk away without being searched...Now if you refuse and walk away, an officer can stop you using other basis to do so, such as he observed a weapon while he was engaged in conversation with you.....
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Refusing and walking away sounds like RAS, or close enough for a Cop or judge that sits in a city where this kind of BS happens nonstop. I'll bet making eye contact or failure to make eye contact at just the right moments while "detained" would amount to RAS. It IS enough to make one puke. I've already agreed with the wife that it's time to leave this state, now we just have to find work elsewhere...
HH
 
HeavyHanded said:
Refusing and walking away sounds like RAS, or close enough for a Cop or judge that sits in a city where this kind of BS happens nonstop. I'll bet making eye contact or failure to make eye contact at just the right moments while "detained" would amount to RAS. It IS enough to make one puke. I've already agreed with the wife that it's time to leave this state, now we just have to find work elsewhere...
HH
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My wife and I had the very same conversation not too long ago and we came to the same conclusion. But I'm going to wait for the kids to be done with college and out on their own . We have a place in South Carolina.
 
I am not a big fan of the cold, but NH is looking better everyday. Great knife/gun laws, good fishing ( freshwater what I like), and a healthy respect for freedom......I can drive four hours back to see my family in NY when needed too.....
 
Well, after reading page after page.. it would be nice if we could get a lawyer to clear all this up ;) hahaha
 
jaymeister99 said:
This is unreal! Thanks, I will make a point to be "compliant" if asked. Seriously, thanks Tom. You might have just saved me an arrest and a night in jail.

This is total BS. I'm amazed the ACLU hasn't gotten into this one.
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Lol really? ACLU doesn't want any part of this or anything to do with actual citizens' rights. That's not remotely what they are about.

Anyone know if there have been any law suits about this based on the 4th (or maybe even 2nd) Amendment?
 
There have been several law suits, but the NYPD tends to offer a settlement fairly quickly based on an officer's actions and not the princple of the violation of the Fourth Amendment. The settlement's are small and mostly come from a CCRB complaint that involves a suit after the findings. In my day, you stopped someone who was a known felon, or someone you watched for awhile and determined their actions on many levels allowed you the right to question them in a polite manner. You rarely searched them to any degree unless it was headed to an arrest, or their actions presented a threat. The present day policing in NYC is a fishing trip everyday for the officers assigned to specialized units and certain precients that require a quota of stops to be made by officers. Many officers strongly object to this and feel they are violateing the Consitition they are sworn to protect, but that all said, it takes a brave person to not follow guidelines demanded of you in your job. Think about the fact that for over 10 years 89% of those stopped are not charged in any way!!!! No summons for a minor violation, no youth cards issued, nothing! Just people stopped and frisked and often handled in a rough and unprofessional manner for no violation of the law!

Since this is a knife forum, I want to add this link for a subway stop for an exposed clip. This was posted before, but since this has been mentioned here, this is worth viewing. To me, the officer was looking to either issue a summons for the exposed clip, or make a stop for the exposed clip and warn the subject about the law, and fill out 250 stop and frisk form to show his stop. The subject's actions cause the officer to make an arrest based on the highest offense he can make an arrest for. This officer does act within the guidlines he is trained to, but it shows you how far the simple "exposed knife laws" can go:

http://www.youtube.com/watch?v=9oe-C-9MYVc
 
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I'm glad I don't live in NY anymore. I got searched lots in my teens and 20s...the best excuse was "you match the description of a robbery suspect." My buddy was in his PJs and bedroom slippers and I was wearing velvet club gear (hey, it was '99).

I also got searched on 34th on May 1st '04. I know it was May 1st because I'd just taken the train up from Battery Park (May Day in NYC: the Marijuana Parade). Got searched by a 'white shirt' while two Asian beat cops watched. He grabbed my arm when I reached for my cell phone on my waist. Admittedly, it was a hot day and I was wearing a Realtree hunting jacket. He found pepper spray in my pocket. Told me it was illegal and said he'd throw it in the nearest sewer while smiling at me. I didn't realize until later that it was perfectly legal for me to have pepper spray on me, but it definitely would've been a trip to Central Booking if it was illegal.
 
jayinhk, seems like you must have fallen into the "profile" they look for.....As for pepper spray, it all of NYS ( including of course NYC) you can only carry it if is has less than 5% Capison, and it must be clearly labelled that way or it is illegal. If you get any Mace or pepper spray that is higher than 5% or not clearly marked that it has no more than 5% capison, then you could be charged as if you had a swicthblade (CPW4). Wonderful place right?
 
GingivitisKahn said:
Lol really? ACLU doesn't want any part of this or anything to do with actual citizens' rights. That's not remotely what they are about.

Anyone know if there have been any law suits about this based on the 4th (or maybe even 2nd) Amendment?
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About saving me from a possible arrest, yes.

ACLU, no.
 
Rat Finkenstein said:
Why anyone would set foot in NY or any number of other beleaguered zones is beyond me.
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There's a lot of things to like here in NY. A lot of things not to like here too.

IMO the pluses definitely outweigh the minuses. But its getting real tough to deal with the minuses here. Exactly why most people I grew up with are no longer here.
 
I would carry whatever I felt like. Keep it concealed and if you have to use it to save your life or somebody else's you will have to worry about the legal issues at that point. That is my opinion. In Chicago you can carry any folder under 2 inches... I think I feel like carrying my BM Bedlam 860 today.
 
tom19176 said:
jayinhk, seems like you must have fallen into the "profile" they look for.....As for pepper spray, it all of NYS ( including of course NYC) you can only carry it if is has less than 5% Capison, and it must be clearly labelled that way or it is illegal. If you get any Mace or pepper spray that is higher than 5% or not clearly marked that it has no more than 5% capison, then you could be charged as if you had a swicthblade (CPW4). Wonderful place right?
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Could you link to the code or regs that state this? It's the first time I've seen anything about it.
 
sheepdog229 said:
I would carry whatever I felt like. Keep it concealed and if you have to use it to save your life or somebody else's you will have to worry about the legal issues at that point. That is my opinion. In Chicago you can carry any folder under 2 inches... I think I feel like carrying my BM Bedlam 860 today.
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In Chicago it's 2.5" for adults. IIRC only people under 18 is limited to 2".
 
Sep said:
In Chicago it's 2.5" for adults. IIRC only people under 18 is limited to 2".
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I've read the code and it says 2". I saw no distinction between an adult and a minor. Doesn't matter for me - both blades on me today are 4".
 
GingivitisKahn said:
Lol really? ACLU doesn't want any part of this or anything to do with actual citizens' rights. That's not remotely what they are about.

Anyone know if there have been any law suits about this based on the 4th (or maybe even 2nd) Amendment?
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Maybe ACLU wants to sit this one out, but it appears that the minority communities are getting fed up with NYPD's illegal-search BS. I am no fan of Jesse Jackson or Al Sharpton, but if they spearhead a class-action lawsuit against NYPD I will applaud them. It may not seem like I have a dog in this fight because I don't live there, but the NYC mindset tends to have a strong influence in Massachusetts, especially Boston. Right now, there is at least one anti-knife bill being introduced in MA for 2011 along with the usual flood of anti-gun bills.
 
tom19176 said:
jayinhk, seems like you must have fallen into the "profile" they look for.....As for pepper spray, it all of NYS ( including of course NYC) you can only carry it if is has less than 5% Capison, and it must be clearly labelled that way or it is illegal. If you get any Mace or pepper spray that is higher than 5% or not clearly marked that it has no more than 5% capison, then you could be charged as if you had a swicthblade (CPW4). Wonderful place right?
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Tom, when did the 5% capsaicin law come into effect? That's the first I've heard of it. I know there was a requirement to only purchase pepper spray from licensed dealers back in '04. Is the capsaicin limit a new thing?

As for fitting a profile: yep, I was told that a few times. I'm older and wiser now--the way you look is what gets you stopped most of the time.
 
Sep said:
8-24-020(f)
http://www.amlegal.com/nxt/gateway....eacemorals/chapter8-24firearmsandotherweapons

"...or any other type or kind of knife, any blade of which is more than two and one-half inches in length..."

But yeah, if you break the law anyway, it matters not what it says.
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Sep, unfortunately the link is broken. Like you said, it is a moot point for me since I carry larger anyway but it is still good to know the verbiage of the law.

To get this back on track (sorry to have hijacked the thread) everyone must remember that state statutes are not the only important thing. Case law is just as important, if not more so. For example, in Chicago, the length cannot exceed (2" or 2.5" ;)) but case law states that a "hunting" knife is not a per se violation. Granted the NYC statues may not have any case law yet but hopefully the courts will provide their perspective sooner rather than later.
 
jayinhk said:
--the way you look is what gets you stopped most of the time.
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Sometimes, but not always. As a teen (when I still had my clean cut look)
I was at the beach after dark and two cops came running up the boardwalk. I was with a small group of kids ranging in age from about 12-15. One of the cops pointed at me and said "you come here!" They pulled me aside (literally) and said somebody threw a rock through the police station window and someone saw a young male fitting my description running away. I politely said we had been in the same spot for the last half hour and nobody came by here but us. They continued to ask me about 10 times.

About 20 minutes later another group of teens stopped by. A short dark haired italian kid (who I look nothing like) was pulled aside by the cops and they said the same thing to him.

Its this kind of crap that pisses me off. I understand the way the cops operate, but its BS. I knew literally every kid who was there, had they asked me for help I would have easily spent the next few days trying to find out about it, and honestly I probably could have. But instead I didn't do a damn thing for em.

From that day forward I haven't given cops the time of day when they pull stunts like this. Its a real shame, because it makes it a hell of a lot more difficult for the good cops.
 
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