NYC blade in Vehicle

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Jul 1, 2013
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Are there any laws restricting a bladed weapon INSIDE YOUR VEHICLE in New York City?
 
First, I would recommend a change in thought process. If you're calling it a weapon, you're already in the wrong.
Second, while I don't know the specific answer to your question, such a "tool" would be considered to be in your possession (assuming you are in the vehicle); so choose something that would be legal to carry.

There may be exceptions to the possession piece, such as the knife being kept in the trunk.
 
Surely chefs etc have transported large knives in their vehicle.

Pretty much anything can be a weapon.
 
Once you've said it's a tool (instead of a weapon), you may be asked to explain what sort of job you have that requires such a tool. A carpenter may need an SAK, but a desk jockey (like me) would have a harder case to make for a large fixed blade. Is that the only tool you have right now? Where are the rest of your tools? And if you're not currently traveling to or from work, why do you have your tools in your car? The LEO has a fair bit of discretion as to what he/she's going to make an issue of, but put yourself in their shoes and think about what's reasonable.
 
Guy in my area held up a place with a star screw driver (to steal cigarettes FFS), quite a formidable dagger. He is an electrician assistant and carries these tools in his car for work.

No law is perfect.
 
Surely chefs etc have transported large knives in their vehicle.

Pretty much anything can be a weapon.

Chefs get a pass on carrying their kitchen knives - most of the time. There have been instances in NYC where chefs going to or from their restaraunts have been arrested and charged. Also, typically, the chefs carry their knives rolled up in knife rolls, hiding them from "plain view".
 
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Yes the same ones. in fact according to the law anyone in the vehicle with you can be presumed to be also be in possession and that option would be presented to a jury for consideration. That can be a problem if no one admits to ownership. I would just respectfully refuse to allow the vehicle to be searched. If it's in plain sight then you may have a problem.

In NYC carrying ANYTHING with the intent to use it as a weapon aside from a tiny canister of weak pepper spray or a pistol with a concealed carry permit (very hard to get in NYC,) is illegal. For example telling a policeman you carry a pen because it can also be handy for self defense can get you a weapons charge based on intent.

The dirk and dagger law is vague but a double edged knife is a sure bet to be considered a weapon. Any knife purpose built as a weapon, or even marketed as a weapon can easily fall into this category or be a gray area that sends you to court to figure it out.

Switch blade knives are only legal going to and from a fishing trip with a fishing license (less than 4 inches and not designed as a weapon.) I wouldn't try my luck though.


NEW TO NYC ASSISTED OPENING KNIVES ARE NOW CONSIDERED SWITCHBLADES.



TO BE LEGAL A KNIFE HAS TO HAVE A BLADE LESS THAN (less than remember that) 4 inches. Anything 4 inches or more (MUST BE LESS THAN 4 INCHES) is illegal. In NYC take my advice you best measure that from the the tip to the bottom the blade including the unsharpened portion unless you want an anti knife judge to work out that little detail with you as the defendant.

Fixed blades are legal as long as it's not a dirk or dagger. Same rules, less than 4 inches (LESS THAN specifically worded) and not designed to be a weapon.

NEW TO NYC

GRAVITY KNIVES AND KNIVES THAT CAN BE FLICKED OPEN ARE NOW LEGAL IN NYC DUE TO RECENT CHANGES IN THE LAW IN LEU OF COURT CHALLENGES BROUGHT BY PRO-KNIFE ADVOCATES.

THERE ARE NO MORE ARRESTS FOR KNIVES THAT CAN BE FLICKED OPEN BY A GORILLA WHO IRON GRIPS A BLADE AND HURLES THE HANDLE AWAY FROM THE BLADE TO OPEN IT.

THERE IS A CAVEOT

NYC IS TRYING TO GET AWAY WITH ENFORCING THESE OLD LAWS ON THE SUBWAYS AND BUSSES. THIS AREA OF LAW IS CURRENTLY IN DISPUTE SO CAREFUL ABOUT WHAT YOU CARRY ON THE BUSSES AND SUWAYS OR ANY MTA PROPERTY. YOU MAY NOT WANT TO GET CAUGHT UP IN THIS LEGAL BATTLE.

THEY ALSO WANT TO GO AFTER KNIVES SOLELY BECAUSE SOMEONE MARKETED THEM AS WEAPONS.

THIS BRINGS COLD STEEL TO MIND. COLD STEEL MAKES A LOT OF GREAT FOLDERS THAT ARE CLEARLY NOT WEAPON ORIENTED BUT SUITED FOR UTILITY PURPOSES. LYNN JUST LOVES TO SHOW IN HIS VIDEOS HOW ANYTHING FROM A SIMPLE SPADE SHOVEL TO A TINY FOLDER CAN BE USED AS WEAPON IN DRAMATIC VIDEOS WHERE PEOPLE SLICE AND STAB ANIMAL CARCASSES AS WELL AS DRIVE UTILITY KNIVES THROUGH MEAT FILLED BOOTS.
WHILE THIS IS ENTERTAINING IT CAN PRESENT A PROBLEM IN COURT CASES WHERE A KNIFES PRIMARY DESIGN AND PURPOSE IS IN QUESTION.

THIS IS ALSO CURRENTLY BEING CHALLENGED

BUTTERFLY KNIVES ALTHOUGH LEGAL IN NY STATE IS SOMEWHAT OF A GREY AREA IN NYC MEANING THAT THEY HAVE ARRESTED PEOPLE IN NYC FOR CARRYING THEM.


NYC HAS ONE OF THE MOST UNUSUAL LAWS PERTAINING TO HOW TO CARRY I HAVE SEEN. IT BASICALLY STATES THAT ANY LEGAL KNIFE IS TO BE CARRIED CONCEALED. THIS MEANS NO POCKET CLIPS OR KEYCHAIN SWISS ARMY KNIVES. IT'S A VIOLATION PROVIDED THE EXPOSED KNIFE IS LEGAL BUT SOMETHING YOU WANT TO REMEMBER.

I DO NOT SEE ANY EXCEPTIONS IN THE LAW MADE FOR BIG LONG CHEF KNIVES ANYWHERE. THEY GENERALLY DON'T ARREST PEOPLE WHO USE THEM FOR THEIR INTENDED PURPOSE BUT AS FAR AS I KNOW THEY CAN IF THEY WANT.


A FINLAL NOTE BE AWARE TELLING ANYONE YOU CARRY ANYTHING FOR SELF PROTECTION IS AN ADMISSION OF INTENT AND YOU CAN BE CHARGED WITH CARRYING A WEAPON BASED ON THAT.

STICK TO PLAUSIBLE UTILITY DESIGNS.
 
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Yes the same ones. in fact according to the law anyone in the vehicle with you can be presumed to be also be in possession and that option would be presented to a jury for consideration. That can be a problem if no one admits to ownership. I would just respectfully refuse to allow the vehicle to be searched. If it's in plain sight then you may have a problem.

In NYC carrying ANYTHING with the intent to use it as a weapon aside from a tiny canister of weak pepper spray or a pistol with a concealed carry permit (very hard to get in NYC,) is illegal. For example telling a policeman you carry a pen because it can also be handy for self defense can get you a weapons charge based on intent.

The dirk and dagger law is vague but a double edged knife is a sure bet to be considered a weapon. Any knife purpose built as a weapon, or even marketed as a weapon can easily fall into this category or be a gray area that sends you to court to figure it out.

Switch blade knives are only legal going to and from a fishing trip with a fishing license (less than 4 inches and not designed as a weapon.) I wouldn't try my luck though.


NEW TO NYC ASSISTED OPENING KNIVES ARE NOW CONSIDERED SWITCHBLADES.



TO BE LEGAL A KNIFE HAS TO HAVE A BLADE LESS THAN (less than remember that) 4 inches. Anything 4 inches or more (MUST BE LESS THAN 4 INCHES) is illegal. In NYC take my advice you best measure that from the the tip to the bottom the blade including the unsharpened portion unless you want an anti knife judge to work that out that little detail with you as the defendant.

Fixed blades are legal as long as it's not a dirk or dagger. Same rules, less than 4 inches (LESS THAN specifically worded) and not designed to be a weapon.

NEW TO NYC

GRAVITY KNIVES AND KNIVES THAT CAN BE FLICKED OPEN ARE NOW LEGAL IN NYC DUE TO A RECENT COURT DECISION.

THERE ARE NO MORE ARRESTS FOR KNIVES THAT CAN BE FLICKED OPEN BY A GORILLA WHO IRON GRIPS A BLADE AND HURLES THE HANDLE AWAY FROM THE BLADE TO OPEN IT.

THERE IS A CAVEOT

NYC IS TRYING TO GET AWAY WITH ENFORCING THESE OLD LAWS ON THE SUBWAYS AND BUSSES. THIS AREA OF LAW IS CURRENTLY IN DISPUTE SO CAREFUL ABOUT WHAT YOU CARRY ON THE BUSSES AND SUWAYS OR ANY MTA PROPERTY. YOU MAY NOT WANT TO GET CAUGHT UP IN THIS LEGAL BATTLE.

THEY ALSO WANT TO GO AFTER KNIVES SOLELY BECAUSE SOMEONE MARKETED THEM AS WEAPONS.

THIS BRINGS COLD STEEL TO MIND. COLD STEEL MAKES A LOT OF GREAT FOLDERS THAT ARE CLEARLY NOT WEAPON ORIENTED BUT SUITED FOR UTILITY PURPOSES. LYNN JUST LOVES TO SHOW IN HIS VIDEOS HOW ANYTHING FROM A SIMPLE SPADE SHOVEL TO A TINY FOLDER CAN BE USED AS WEAPON IN DRAMATIC VIDEOS WHERE PEOPLE SLICE AND STAB ANIMAL CARCASSES AS WELL AS DRIVE UTILITY KNIVES THROUGH MEAT FILLED BOOTS.
WHILE THIS IS ENTERTAINING IT CAN PRESENT A PROBLEM IN COURT CASES WHERE A KNIFES PRIMARY DESIGN AND PURPOSE IS IN QUESTION.

THIS IS ALSO CURRENTLY BEING CHALLENGED

BUTTERFLY KNIVES ALTHOUGH LEGAL IN NY STATE IS SOMEWHAT OF A GREY AREA IN NYC MEANING THAT THEY HAVE ARRESTED PEOPLE IN NYC FOR CARRYING THEM.


NYC HAS ONE OF THE MOST UNUSUAL LAWS PERTAINING TO HOW TO CARRY I HAVE SEEN. IT BASICALLY STATES THAT ANY LEGAL KNIFE IS TO BE CARRIED CONCEALED. THIS MEANS NO POCKET CLIPS OR KEYCHAIN SWISS ARMY KNIVES. IT'S A VIOLATION PROVIDED THE EXPOSED KNIFE IS LEGAL BUT SOMETHING YOU WANT TO REMEMBER.

I DO NOT SEE ANY EXCEPTIONS IN THE LAW MADE FOR BIG LONG CHEF KNIVES ANYWHERE. THEY GENERALLY DON'T ARREST PEOPLE WHO USE THEM FOR THEIR INTENDED PURPOSE BUT AS FAR AS I KNOW THEY CAN IF THEY WANT.


A FINLAL NOTE BE AWARE TELLING ANYONE YOU CARRY ANYTHING FOR SELF PROTECTION IS AN ADMISSION OF INTENT AND YOU CAN BE CHARGED WITH CARRYING A WEAPON BASED ON THAT.

STICK TO PLAUSIBLE UTILITY DESIGNS.
What a Horrible place to live......and or work.
 
Greater nice post. I agree with almost all of what you said. The same exemption for the 4" limit is in the NYC Admin Code ( going to and from fishing and some other activities) : https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-6303

The switchblade exception ( 265.20#6) has covered all styles of them as they have a defined action and were assumed weapons based on the action, but your design statement makes sense although I have never seen that taken into account. Do you have an example of that? I also agree with your design statements but I have not seen the marketing brought into cases. Have you seen this actually used in court? I have had many discussions on these issues with the NYPD, MTAPD and several ADAs. My close friend runs the DAT desk in one for the five Boros court houses and has a good sense of what is reviewed to determine what moves forward in an arrest and how the statement needs to be worded.

You have a excellent understanding of what goes on in NYC. I am extremely thankful the Gravity Knife law was changed as I saw many people who never had a criminal record get arrested for a knife they bought in a store and never even knew if could be illegal.
 
Greater nice post. I agree with almost all of what you said. The same exemption for the 4" limit is in the NYC Admin Code ( going to and from fishing and some other activities) : https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-6303

The switchblade exception ( 265.20#6) has covered all styles of them as they have a defined action and were assumed weapons based on the action, but your design statement makes sense although I have never seen that taken into account. Do you have an example of that? I also agree with your design statements but I have not seen the marketing brought into cases. Have you seen this actually used in court? I have had many discussions on these issues with the NYPD, MTAPD and several ADAs. My close friend runs the DAT desk in one for the five Boros court houses and has a good sense of what is reviewed to determine what moves forward in an arrest and how the statement needs to be worded.

You have a excellent understanding of what goes on in NYC. I am extremely thankful the Gravity Knife law was changed as I saw many people who never had a criminal record get arrested for a knife they bought in a store and never even knew if could be illegal.
When it comes to New York and knife laws, Tom is my go-to guy on these boards! You rock Tom! šŸ˜ŽšŸ‘

I had heard that assisted openers might be treated as switchblades not just in NYC, but anywhere in the state due to that 2018 court ruling. Itā€™s so blatantly unconstitutional. The NY Supreme Court upheld the conviction of the man arrested for carrying an assisted opener which an officer mistakenly thought was a switchblade. They tried appealing it and though assisted openers clearly donā€™t meet the definition of a switchblade in NY with the opening mechanism needing to be in the handle, they threw logic and reasoning out the window and upheld the guyā€™s conviction. This could quite possibly become a case for false imprisonment and I hope they fight it all the way up through the federal circuits. Assisted openers are still being sold freely in big box stores throughout the state and there are probably a lot of people carrying them around not knowing they could potentially get in trouble. In the meantime, there was a bill introduced in the legislature to have assisted openers exempted from the switchblade law with a ā€œbias towards closureā€ exception. Donā€™t know the status on that, but I hope it passes.
 
Thanks for the compliment ! I try to keep up on the present conditions in NYC and NY in general. You are correct about the present court ruling stating that a assisted opener was judged to be a switchblade and that does give pause to carrying one now. Stores sold knives that could flick open during all the years that gravity knives were still illegal and that of course will result in additional arrests of otherwise law abiding people. I was always concerned that assisted openers would be deemed "dangerous Knives" instead of switchblades by the court system.
I had not heard about a proposed bill to change the wording of the switchblade law. Do you have the bill's number? Thanks
 
I'm pretty sure that if you put up a fuss: "Carrying" will be expanded to include having it in your car with you.
It's always best to smile and be polite...


...Oh! and also don't get caught with anything that they find "questionable": whatever that is!
 
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