New York Knife Laws?

J

JDX

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I'm from connecticut, and I'm moving to upstate New York. (catskills). I'm confused about Gravity Knives. It sounds like any pocket knife. Does that mean it's illegal to carry my paramilitary 2, zt 350, ontario rat 1 etc? It then goes on to state how it's only legal if you have a hunting, fishing, or trapping license. Then says How there are no concealed carry laws so you can carry a "gravity" knife. But do I still need a license ?

Super confused. Any help would be appreciated. Also, didn't really see anything regarding fixed blade knives..
 
I normally try to stay far away from law discussions in NY, but it seems no one else has responded so I will do the best I can. First important thing to note is that you're not in New York City. Not only do they have much stricter laws, but there enforcement of existing laws is highly aggressive, bordering on absurdity. Upstate is not really that bad and the cops tend to be a lot more reasonable.

The gravity knife thing comes from a specific interpretation of the state law (knife related matters are under Article 265 of the Penal Code). NY Courts have ruled that any knife with a locking blade can be gravity knife, if you can open in centrifugally with one hand. This includes grasping the blade the flinging the handle downwards, which applies to nearly all locking folders in existence. However, enforcement of this specific interpretation is primarily in NYC, while other parts of the state tend to be more lenient.

The remark about no concealed carry law is a misinterpretation. The law (265.01) makes any carry of an illegal knife, openly or concealed, a crime. This is important to remember because many states allow open carry of certain knives while making concealed carry illegal, but NY doesn't work that way. If it's an illegal knife type, you can't carry it at all.

The matter of a hunting, fishing or trapping license is also something of a misinterpretation. 265.20 states that the restrictions under 265.01 shall not apply to:
Possession of a switchblade or gravity knife for use while hunting, trapping or fishing by a person carrying a valid license issued to him pursuant to section 11-0713 of the environmental conservation law.
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That is, it only applies when you're actually going hunting, fishing or trapping. Mere possession of a license doesn't grant blanket permission to carry a switchblade or "gravity knife" in everyday carry.
 
glistam said:
I normally try to stay far away from law discussions in NY, but it seems no one else has responded so I will do the best I can. First important thing to note is that you're not in New York City. Not only do they have much stricter laws, but there enforcement of existing laws is highly aggressive, bordering on absurdity. Upstate is not really that bad and the cops tend to be a lot more reasonable.

The gravity knife thing comes from a specific interpretation of the state law (knife related matters are under Article 265 of the Penal Code). NY Courts have ruled that any knife with a locking blade can be gravity knife, if you can open in centrifugally with one hand. This includes grasping the blade the flinging the handle downwards, which applies to nearly all locking folders in existence. However, enforcement of this specific interpretation is primarily in NYC, while other parts of the state tend to be more lenient.

The remark about no concealed carry law is a misinterpretation. The law (265.01) makes any carry of an illegal knife, openly or concealed, a crime. This is important to remember because many states allow open carry of certain knives while making concealed carry illegal, but NY doesn't work that way. If it's an illegal knife type, you can't carry it at all.

The matter of a hunting, fishing or trapping license is also something of a misinterpretation. 265.20 states that the restrictions under 265.01 shall not apply to:

That is, it only applies when you're actually going hunting, fishing or trapping. Mere possession of a license doesn't grant blanket permission to carry a switchblade or "gravity knife" in everyday carry.
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I really appreciate you taking the time to answer this. You answered my question completely. It seems my best bet would to carry a fixed blade. I will still carry my folders though. Thanks again.
 
Thanks Gilstam for responding to this one.....Take a look at this response from the NYC DA the bottom of page three into page four ( bottom numbered pages). The ADA responding states how a sportsman's license would be cause for a dismissal. This could be used as an affirmative defense as he fits the role of an enforcer of the law. :

http://www.kniferights.org/DAoppbrief.pdf

Then read this thread and my response and the links I posted there as they will show you the affirmative defense section:

http://www.bladeforums.com/forums/showthread.php/1311717-Balisong-Butterfly-Knives-in-NY

There are those who agree that a 20 foot section of fishing line and a hook on your person is deemed fishing equipment. The NYC Admin Code (10-133) states you MUST be going to or from those actiivties, but NYSPL 265.00 does not state that requirement in the law itself. ( NYS PL 265.20#6). Once again, the law is subject to the officer and DA you encounter so none of this is to be considered legal advice. I have heard different officers and DAs think the exact opposite of others on this law. Safest bet is to get a non locking folder or one with a half stop that can not be flicked by design....
 
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Ny knife laws are just too confusing and intended to be like that,,in nyc itself the only knife thats lawful to carry is the swiss army , or the spyderco uk pen knife ,,both under 3 in and non locking , also a case sodbuster jr is ok ,,and NO pocket clip ,,now i hear if you go more north up to like lets say up by lakw george area, most knives are perectly legal except gravity or balis ,
 
vic2367 said:
Ny knife laws are just too confusing and intended to be like that,,in nyc itself the only knife thats lawful to carry is the swiss army , or the spyderco uk pen knife ,,both under 3 in and non locking , also a case sodbuster jr is ok ,,and NO pocket clip ,,now i hear if you go more north up to like lets say up by lakw george area, most knives are perectly legal except gravity or balis ,
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Or carry a fixed blade under 4" fully concealed. The Spyderco Enuff is a nice option.
 
i hear in upstate Ny you can carr a fixed blade openly ,,not sure of the blade lenghth,,,but in NYc dont even try it with a spyderco enuff!! you will be charged !
 
I'm in NYC.
Once a Nassau County PO almost took away my keychain knife. A spyderco ladybug...
However I did one time went in for jury duty and forgotten to take it off. The officer inside was cool enough to just hold onto it for me.
Carry at your own risk...
 
Hmm...from what I've read, a fixed blade with less than 4 inches of edge should be safe. Have I been misled?
 
ive lived in nyc almost all my life,,im always still in nyc as thats where i work 5 days a week and work closely with the nypd as im a train conductor ... your safe bets are swiss army , case sod buster jr and spyderco uk pen knife .thats what i carry when in zoo york ,dont even think about carrying a delica with a pocket clip !
 
Outside NYC there really isn't a max blade length, though the "dangerous knife" still applies. I would be careful with any of the knife patterns that look like they were made with a cool factor in mind rather than utility. Whether a knife is "dangerous" or not will most times come down to the circumstances and what the owner admits to. If ever asked if you have a weapon on you - "no, but I do have a knife".

Concealed carry is perfectly legal, and most folding knives are also legal or at least do not generate many arrests based on ease of deployment. This includes a lot of Axis locks, cam locks, piston locks, liner locks. Darren Venable's knife was a one-hand liner lock and that never came up at the trial.

Visible pocket clips are very common and if you get into the rural areas, open carried belt knives are not very unusual either. Upstate is pretty far removed from NYC for the most part, though I'm sure you could run afoul of some LE who transferred up from NYC area. Fact is, even if your hardware is perfectly legal you could still be hassled or arrested for it, and not just in NY.
 
HeavyHanded said:
Outside NYC there really isn't a max blade length, though the "dangerous knife" still applies. I would be careful with any of the knife patterns that look like they were made with a cool factor in mind rather than utility. Whether a knife is "dangerous" or not will most times come down to the circumstances and what the owner admits to. If ever asked if you have a weapon on you - "no, but I do have a knife".

Concealed carry is perfectly legal, and most folding knives are also legal or at least do not generate many arrests based on ease of deployment. This includes a lot of Axis locks, cam locks, piston locks, liner locks. Darren Venable's knife was a one-hand liner lock and that never came up at the trial.

Visible pocket clips are very common and if you get into the rural areas, open carried belt knives are not very unusual either. Upstate is pretty far removed from NYC for the most part, though I'm sure you could run afoul of some LE who transferred up from NYC area. Fact is, even if your hardware is perfectly legal you could still be hassled or arrested for it, and not just in NY.
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Yea and then sue the department & municipality and most likely win or (more likely) get them to agree to a settlement.
 
damn! reading the ny state knife laws and threads like this makes one to think the best bet is neither to own nor to carry any folding or fixed blades.
 
Headed to upstate NY in a few weeks on vacation. Based on what I've read here, out of my ParaMilitary 2, Delica 4, Kershaw Blur, or Kershaw Leek, the Delica 4 is probably the safest bet. That and keeping it in my pocket, not clipped.
 
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T TruthBalance
The whole visible clip thing is a NYC phenomena, as the City police use it as cause to stop (and frisk/search). You're going to Upstate NY, which is a very different world. You should have no issues with any of those knives, even clipped...the obvious stipulation being that you aren't doing anything to bring you under close scrutiny of a LEO. I have been in several local municipal buildings for various reasons, and had to empty pockets & go through metal detectors. The officers didn't bat an eye at my ZT 0200 - or any other knife I took out of my pocket - though, obviously, they didn't give it back until I was leaving.
 
Correct me if I am wrong, but aren't fixed blades of any length allowed up-state while hunting, with a valid hunting license? Heck, I carry a big bowie on me when hunting in the Adirondacks. I didn't believe that the "dangerous knife" law applied in such a situation, unless of course you are committing a crime.
 
Having traveled to NY State, the North and South are 2 different animals.
Niagara Falls, I had my knife on all day long. NYC, It stayed in the hotel the whole time.
 
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