Worst nightmare came true: PD confiscated my ParaMilitary..

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May 23, 2003
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Okay, I'm walking down the stairs at the Grand Central subway station (not the railroad station) and I make it 1/2 way down the platform and cop and his azzhat partner grabs my knife and says "why are you carrying this?" I say, it's a tool, I work at the Army Navy store (which I do, but I didn't go today) and his tone was the equivalent of calling BS on me. They were like, "why doesn't it have tape residue on it or anything", I go "it's a $95 knife, I take care of it" and he says I'm giving him an attitude..and says he could have arrested me, but I don't have a prior record..

Somewhere in that conversation I told him it was a legal knife, but he flicked it open and said, "nope, gravity knife" and checks out the edge I put on it.

I ended up with a summons, where I have to meet with a judge or something..

To add insult to injury, I got stuck in the middle of East Harlem, in the rain, since the trains were halted to due to gas station leak..
 
I would contact Spyderco and see if they have any info regarding that product's legal status in New York City.

-Bob
 
Sorry to say, I think you got mugged, and somebody's got a new duty knife. Good and bad folks in every walk of life.
 
If it's legal it's legal. It sounds to me like he illegally confiscated your knife.

And that knife is certainly not a gravity knife, what gravity is employed to open it? None.

Theft is theft regardless of whether the thief was a LEO.

Good luck.

edited to add:
What is the officer's name?
 
In NYC, the flick test makes EVERYTHING a gravity knife...I've heard people with lockbacks flicked open and labeled as switch blade..
 
On the summons, it's written as "knife in plain view" and nothing else
I was going to ask how they knew you had a knife. Is that illegal in New York?

Of course my first question was going to be "Why do need a military combat knife at the New York bus station?" but withdrew the thought.

-Bob
 
Thsi is what I found:

Chap. 1 Public Safety 10-133
Historical Note: Formerly 436-5.1

10-133 Possession of knives or instruments.

A. Legislative findings. It is hereby declared and found that possession in public places, streets and parks of the city, of large knives is a menace to the public health, peace, safety and welfare of the people of the city; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings and assaults of and upon the people of the city; that this condition encourages and fosters the commission of crimes and contributes to juvenile delinquency, youth crime and gangsterism; that unless the possession or carrying in public places, streets and parks of the city of such knives without a lawful purpose is prohibited, there is danger of an increase in crimes of violence and other conditions detrimental to public peace, safety and welfare. It is further declared and found that the wearing or carrying of knives in open view in public places while such knives are not being used for a lawful purpose is unnecessary and threatening to the public and should be prohibited.

B. It shall be unlawful for any person to carry on his or her person or have in such person's possession, in any public place, street or park any knife which has a blade length of four inches or more.

C. It shall be unlawful for any person in a public place, street or park to wear outside of his or her clothing or carry in open view any knife with an exposed or unexposed blade unless such person is actually using suck knife for a lawful purpose as set forth in subdivision d of this section.

D. The provisions of subdivisions b and c of this sections shall not apply to (1) persons in the military service on the state of New York when duly authorized to carry or display knives pursuant to regulations issued by the chief of stall to the governor; (2) police officers and peace officers as defined in the criminal procedure law; (3) participants in special events when authorized by the police commissioner (4) persons on the military or other service of the United States, in pursuit of official duty authorized by federal law; or (5) any person displaying or in possession of a knife otherwise in violation of this section when such a knife (a) is being used for or transported immediately to or from a place where it is used for hunting, fishing, camping, hiking, picnicking or any employment, trade or occupation customarily requiring the use of such knife; or (b) is displayed or carried by a member of a theatrical group, drill team, military or para military unit or veterans organization, to from or during a meeting, parade or other performance or practice for such event, which customarily requires the carrying of suck knife or (c) is being transported directly to or from a place of purchase in such a manner as not to allow easy access to such knife while it is transported; or (d) is displayed or carried by a duly enrolled member of the Boy or Girl scouts of America or similar organization or society and such display or possession is necessary to participate in the activities of such organization or society.

E. Violation of this section shall be an offense punishable by a fine of not more than three hundred dollars or by imprisonment not exceeding fifteen days or by both such fine and imprisonment.


Case notes:
This section promotes a legitimate governmental objective and is not unconstitutionally vague or an improper exercise of the city's police power.------ People v Ortiz 125 Misc. 2d 318 [1984]
 
The bottom half of the clip showed and the inch of pivot on the Spyderco printed against the shirt
 
Apparently, NYPD inquires about (and sometimes confiscates) knives clipped in your pockets. Keep em in the pocket or jacket. Good luck.
 
The bottom half of the clip showed and the inch of pivot on the Spyderco printed against the shirt

Perhaps the clip was not showing. Perhaps the knife was actually in your pocket and only printing slightly and that's how the officer knew you were carrying. This can't be considered displaying since it's not outside of your clothing.

You need to think and remember carefully what happened.
 
Nice.... a "legal" license to steal from people....

Of course you were "giving him attitude" , anytime you challenge that type of Gestapo mentality you are "giving them attitude".

I would like to hope things go good for you in getting back your knife but I have huge doubts.

I better hush before I say something mean.

:grumpy:
 
So, does that mean that you can carry a weapon as long as the police cant see it? Its a shame. In my state you can get a concealed weapons permit. Really too bad the way things are goingl.
 
This might be helpful, from Bernard Levine's website:

Definition of "Gravity Knife" in New York:
5. "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.

New York City law:

10-133 Possession of knives or instruments.
C. It shall be unlawful for any person in a public place, street or park to wear outside of his or her clothing or carry in open view any knife with an exposed or unexposed blade unless such person is actually using suck knife for a lawful purpose as set forth in subdivision d of this section.

It sounds like if the knife was visible to the officers, it is illegal. If it wasn't visible, how'd they know you had it?

-Bob
 
I believe in South Dakota you can carry any weapon as long as it is in plain sight. Thus you must have a concealed weapons permit if you are carrying a weapon that cannot be seen. Sounds like the opposite in NY.
 
Ya, I'm thinking you got "Legally" jacked regardless of sub section A penal code whatever, that's such BS. Honestly though, I wouldn't expect anything less in NY. God I love Arizona !! Not to rub it in or anything, but were called the outlaw state cus if it's visible you can practically carry anything here.
 
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