NY Gravity Knife Law Changed!
- Thread starter tom19176
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Sorry for bringing up an old thread, but I just found out about passage of this law. I read through Assembly Bill 5944 and did a quick comparison to Section 265 of the Penal Code and have one concern about this revision. So the words "gravity knife" are removed from any paragraph talking about illegal possession of a weapon, but the definition of "gravity knife" has not been removed from Section 265.00. Furthermore, the definition of "automatic knife", which still is illegal to possess, still includes "gravity knife". So does this mean that a "gravity knife" is still technically illegal?
Read the law here : https://www.nysenate.gov/legislation/laws/PEN/265.00
Is it updated. 265.00 is the definitions, 265.01 is the violations, and 265.20 #6 allows an exemption for the limited carry of switchblades and possession of them for these uses ( use to say gravity knives there too). I don't see where you are reading automatic knives being illegal?
Is it updated. 265.00 is the definitions, 265.01 is the violations, and 265.20 #6 allows an exemption for the limited carry of switchblades and possession of them for these uses ( use to say gravity knives there too). I don't see where you are reading automatic knives being illegal?
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Huh, look at that, "automatic knife" is another almost completely superfluous definition! The only mention I could find of it is in 265.20.d as it pertains to museums. I just assumed it fall under some category of illegal possession. Thank you!
The entire definition of "automatic knives" was made up so a museum could legally display knives made in NYS years ago. A local Sheriff had made them removed their collection on display. The exemption was added with the new term automatic knife for the purpose allow the displays to continue.
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I remember that issue with the museum displaying the old Camillus autos that were originally made in NY. At the time, I believe the museum was actually ordered in court to take the springs out of the knives.
As far as the fishing and hunting license exception to the auto knife law, does that allow someone with such a license in NY to buy an auto in a store while presenting their license? I saw an old YouTube video of a guy living in the Hudson Valley with a Benchmade Mel Pardue auto that he said he bought at an outdoors shop years ago. He said when he presented his license they sold it to him. Yet I’ve found some knife shops in New York that say they’ll only sell autos to law enforcement and military personnel and make no mention of the fishing license exception. There seem to be a lot of conflicting legal opinions on the matter. What are your thoughts, tom19176?
The seller is not allowed to sell to anyone other than law enforcement and military. I too have heard of sellers saying they would sell to someone with the fishing/hunting/trapping license. That is not a legal sale. I can only think a seller may feel once the sale is complete the new owner has qualified legal possession of the knife, but the transaction itself is still a violation.
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So, technically, the only 100% legal way a NY resident with a fishing/hunting/trapping license could obtain an auto would be to travel next door to a state like Vermont, Massachusetts or Connecticut and physically transport it with them back to their residence by car (I assume with the knife locked securely in the trunk and license present in vehicle). That would obviously be the only option if sellers in the state are prohibited from selling to civilians and, of course, federal law makes selling autos by mail order across state lines a crime.
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If I didn't know any better I would say that the laws are intended to make things so difficult that most people won't even bother!