Worst nightmare came true: PD confiscated my ParaMilitary..

As to it being taken from him, this falls under another law called the CPL and it tells how to handle criminals and evidence ( parts of the PL cover this also). NYC and NYS have many, many laws. The summons could have been issued without taking the knife away, but the officer determined to his satisfaction that the knife was a gravity knife and therefore illegal so it had to be confiscated at that point. Had he not flicked it, or it did not open when he did, he would then not have had cause to keep the knife unless he could articulate that the person was not in the state of mind to have any knife at that moment( he was drunk, very upset, etc)
 
but since the officer never officially charged him with a gravity knife that does not even come into consideration for this, if that was written on the chit then I would say you did not have any recourse but as it is I believe he should be able to get it back
 
mrstenoien, this was a summons issued in lieu of arrest and the voucher with the knife will most likely not be present at the hearing. I will tell you that if you ask the court to have the knife sent to the judge so he may determine if it is a gravity knife then you are asking for trouble. I would bet that the property voucher has written on it "gravity knife" in the item description box. If you think the judge will second guess the officer that I have a bridge in Brooklyn for sale....
 
hmmm...interesting that your gator is flickable...mine won't even budge in the slightest
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Gator's can be flicked, using wrist force only. It takes a bit of practice and a little bit of an awkward grip, but it's doable. I can do it about half the time, and I know other people who are much better than I.
 
maybe my gator is tighter? I even tried it with some padded snub nose pliers just to see if it was just that I couldn't keep ahold of it well enough and can get the tip to move ~.5" and then it slips back down...It'd be cool if I could do it though, but most of my friends can't even open it one handed with their thumb on the side of the blade
 
All lockbacks are flickable with brute force..ask the knife stores which have been raided by the PD
 
I just spent 10 minutes flinging my 110 around like a moron trying to get it to flick open. No go.

GarageBoy, don't give up on knife collecting just yet. This is just a minor set back and a valuable lesson learned. We all have certain local regulations we must adhere to. Part of the fun of collecting is finding the knives that are within those regulations and also suit your own personal tastes.

I can't have balis, autos, or concealed fixed blades where I live. I have little interest owning a piece I can't carry so those types of knives don't really factor into my collecting interests. I used to work in a federal government building and a large portion of my collection are even within those more restrictive standards.

I don't know all the local ordinances in my area so I could get sniped by the cops if I carry the wrong knife in the wrong jurisdiction. I carry small slip joints deep in the front pocket quite often. If I carry a clipped one hander it has a sub 3" blade and is in the back pocket with shirt untucked, out of site. Most importantly I behave myself in public.

I am glad you took the time to share your experience on this thread. A lot of good information was brought to light. We are all a bit wiser now. :thumbup:
 
You work at the Army Navy store. You are a teenager. The police said that you had an attitude. If I may ask, what style clothes were you wearing?

I know that in a perfect world, it doesn't matter... But if a police officer was treating you based on some biased profile / stereotype...

Definately wear your nicest busiess attire when you go to court. Good luck.
 
I'm definately learning from this, too bad I had to lose a knife for it..and end up with this mess.

The problem is, the law is intentionally vague to catch all. If they flick by the blade, nothing is safe..hell, I can grab a SAK by the blade and flick it open...if that's how they want to get me..

Okay, 18 here, a few of ya guys have met me/seen me around at NYCKS/ECCKS. It was just a plain white T-Shirt (Hanes undershirt), regular cut blue jeans, backpack, nothing baggie or anything.
 
GarageBoy said:
I'm definately learning from this, too bad I had to lose a knife for it..and end up with this mess.
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Just my opinion, but that is the perfect attitude to have. Perhaps not the perfect way to word it, but it is a good start.

As far as that goes, you might mention that you collect Spydercos, joined a knife forum (as a collector), etc. Shows that you are not carrying a dangerous weapon, but a nice quality tool that you are very proud of.

Edit: One very big reason why the law is vague is to allow the courts flexibility based on the intention associated with the act. In other words, if you say you carry it for "self defense" versus "to cut boxes at work"...
 
i feel for u op. let me tell you. they take your knife so you are defenseless. meanwhile you coulda got robbed or jumped in harlem wit out it by some punks. at least with the knife you have some defense

i live in nyc too. its impossible to defend yourself. you got all these criminals wit guns (from .22's to AK's) and huge blades (machetes, kabars, ect), and the good person tryin to survive cant carry a blade over the size of the palm. even then they take it. shit is disgusting. thats why i carry an asp and lookin for a fixed blade anyway. i would carry a gun but i dont feel like doin over 12 months in rikers becuase of that asshole goonburg (guns harder to hide too). i live in the hood so its especially bad for me. the dts are always throwin me on the hood of the unmarked to check me and take my shit. lost some good blades and other stuff. not to mention the hoodlems where i live always robbing and jumping people.

oh and that knife is gone. you dont have a voucher and police make this just disappear. he probably kept that shit.
 
loco718 said:
i feel for u op. let me tell you. they take your knife so you are defenseless. meanwhile you coulda got robbed or jumped in harlem wit out it by some punks. at least with the knife you have some defense

i live in nyc too. its impossible to defend yourself. you got all these criminals wit guns (from .22's to AK's) and huge blades (machetes, kabars, ect), and the good person tryin to survive cant carry a blade over the size of the palm. even then they take it. shit is disgusting. thats why i carry an asp and lookin for a fixed blade anyway. i would carry a gun but i dont feel like doin over 12 months in rikers becuase of that asshole goonburg (guns harder to hide too). i live in the hood so its especially bad for me. the dts are always throwin me on the hood of the unmarked to check me and take my shit. lost some good blades and other stuff. not to mention the hoodlems where i live always robbing and jumping people.

oh and that knife is gone. you dont have a voucher and police make this just disappear. he probably kept that shit.
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what in the hell are you talking about??? :confused:
 
he was probably just "rollin wit his homies" with his pants down around his knees being "gangsta" and some cop just took his baton for no reason when he whipped it out in the middle of the street :jerkit:
 
mrstenoien said:
he was probably just "rollin wit his homies" with his pants down around his knees being "gangsta" and some cop just took his baton for no reason when he whipped it out in the middle of the street :jerkit:
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and im the one gettin it for language. look at this guy insultin me. just becuase i am hispanic dont mean im some homie wit the jeans hangin. i work and struggle day to day. and dont commit crimes but been the victim of robberies and im tired that things never change so i make sure i got somethin on me at all times. same goes for the rest of my commuinity which is tired of police that do nothing to stop these criminals.

Esav Benyamin said:
loco718, please clean up your language Insults and vulgarity are inappropriate here.
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im not insulting anyone. im feelin for the op. its very screwed up how you cant defend yourself in a country thats supposed to be free. should be everyones right to be able to carry a weapon for self defense. aint no reason to take a workin mans blade. let this be a lesson.
 
loco, you're new here. It takes a while to get used to which few forums allow stronger language. In most, we prefer a family atmosphere.

I have no objection at all to the points you made. :)
 
All I can say is that is just BAD luck, wrogn palce at the wrogn time, no matter how hard to try to fight, when your up against the government and law enforcement your already losing..This is a sucky situation, and I feel for ya, if it were me I would be PISSED!!!!!!!!!!!!!!!!!!

Knife guys = 0 government = 1

were gonna lose the war!!!!!!!!!!!!!! lol...seriosuly though...Sorry to hear that...
 
:sigh, resumed carrying today (ZDP Delica, no clip, pivot locked down as tight as possible, but still flicks open in reverse grip)..and ended up needing it to help a buddy open something in a blisterpack..

Guess I just gotta go with the flow

loco, you're more than welcome here and thanks
 
loco, in no way does my comment refer to your ethnicity, how would I even know that you're hispanic? Besides, there are plenty of white/black/yellow's out there who dress that way and use the same term in an attempt to be "gangsta" (their word, not mine). From the spelling and grammar usage in your post you simply sounded like you are either uneducated or trying to be "cool" I sincerely hope it is the latter :) , and if so, bladeforums is not really the place for that and you should simply do little things like actually typing the "h" at the end of with. Welcome to bladeforums though!
 
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