New York - Penal Law Section 265.01. A person is guilty of
criminal possession of a weapon in the fourth degree when:
(1) He possesses any firearm... gravity knife, switchblade
knife, pilum ballistic knife, cane sword...
(2) He possesses any dagger, dangerous knife, dirk, razor,
stiletto... or any other dangerous or deadly instrument or
weapon with the intent to use the same unlawfully against
another; or...
(5) He possesses any dangerous or deadly weapon and is not a
citizen of the United States...
- Section 265.00 4. "Switchblade knife" means any knife
which has a blade which opens automatically by hand
pressure applied to a button, spring or other device in
the handle of the knife. 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. 5-a. "Pilum ballistic knife" means any knife which
has a blade which can be projected from the handle by hand
pressure applied to a button, lever, spring or other
device in the handle of the knife.
- 265.04. It shall be unlawful for any person under the age
of sixteen to possess any... dangerous knife... A person
who violates the provisions of this section shall be
adjudged a juvenile delinquent. [Found unconstitutionally
vague by Superior Court, 1982; finding reversed by Court
of Appeals, 1983]
- Section 265.10... 1. Any person who manufactures or causes
to be manufactured... any switchblade knife, gravity
knife, pilum ballistic knife... is guilty of a class A
misdemeanor... 4. Any person who disposes of any of
the weapons, instruments or appliances specified in
subdivision one of section 265.01, except a firearm, is
guilty of a class A misdemeanor, and he is guilty of a
class D felony if he has been previously convicted of any
crime.
- Section 265.15 Presumption of possession... 2. The presence
in any stolen vehicle of any weapon... specified in
sections 265.01... is presumptive evidence of its
possession by all persons occupying such vehicle... 3. The
presence in an automobile, other than a stolen one or a
public omnibus, of any firearm... gravity knife,
switchblade knife... is presumptive evidence of its
possession by all persons occupying such vehicle...
except... (a) if such weapon... is found upon the person
of one of the occupants therein; b) is such weapon... is
found in an automobile which is being operated for hire by
a duly licensed driver... then such presumption shall not
apply to the driver...
New York Case Law:
- Knife... was not a "gravity knife"... even though blade of
knife could be released from its sheath by flick of the
wrist; in order to lock blade of knife in open position,
two additional steps were required... (1989).
- Butterfly or "Balisong" knife, a folding knife with a split
handle, did not have blade released by force of gravity or
application of centrifugal force, and did not constitute a
"gravity knife"... (1987).
- "A bayonet was within class of weapons designated as 'any
other dangerous or deadly instrument or weapon'.... (1937)
- "Under rule of ejusdem generis [of the same kind]... an ice
pick was a 'dangerous weapon'... (1948)
- "Evidence that defendant wielded butcher knife in presence
of others was sufficient to support charge..." (1987)
- "...possession of knife 15 to 18 inches long was legally
sufficient to establish prima facie case of carrying
dangerous weapon as felony..." (1963)
- "Accused's possession of knife in case attached to his
belt, with long handle protruding and case sheathing blade
concealed inside accused's trousers, did not constitute
violation... absent evidence of design on accused's part
to use the knife unlawfully." (1974)
- "That parolee was found in possession of straight razor
could not, without more, establish his possession of
dangerous instrument or deadly weapon..." (1981)
- "The possession of a razor by a barber for use in his
trade, even if it was on his person, was not within...
this section." (1914)
- "Paint brush found in possession of a housepainter while on
his way home from work was not the kind of instrument
covered by... this section, prohibiting the carrying of a
dangerous weapon." (1962)
http://www.knife-expert.com
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NEW YORK CITY LAWS:
Courtesy: Alex Boriqua 11/23/1999
http://home.att.net/~a.boriqua/Recieved_letter.htm
Received from:
Office of the Queens District Attorney of Queens County
Queens criminal Courts Building
125-01 Queens Blvd.
Kew Gardens NY 11415
Cover letter:
As per your request the law strictly prohibits a person from
carrying any type of knife with a blade of 4" or over (Four) in
length. Enclosed is a copy (highlighted) of the statute.
Signed: Mary A. Moris A.D.A
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]
10-134
Prohibition on sale of certain knives
A.
Legislative findings. It is hereby declared and found that the
possession on public places, streets and parks of the city of folding
knives which lock upon opening, 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 is this
situation is not addressed, then there is a danger of an increase in
crimes of violence and other conditions detrimental to public peace,
safety and welfare. It has been found that folding knives with a
blade of four (4) inches or more that locks in an open position are
designed and used almost exclusively for the purpose of stabbing or
threat thereof. Therefore for the safety of the city, such weapons
should be prohibited from sale within the jurisdiction of the city of
New York.
B.
It shall be unlawful for any person to sell, offer for sale within the
jurisdiction of the city of New York any folding knife with a blade
length of four or more inches which is so constructed that when it is
opened it is locked in an open position and cannot be closed
without depressing or moving a release mechanism.
C.
Exempt from this section are imported and exporters or merchants
who ship or receive locking folding knives, with a blade length of
four or more inches, in bulk, which knives are scheduled to travel
or have traveled in the course of international, interstate, or
intrastate commerce to a point outside the city. Such bulk
shipments shall remain in their original shipping package,
unopened, except for inspection and possible subdivision for
further movement in interstate or intrastate commerce to a point
outside the city.
D.
Violation of this section shall be an offense punishable by a fine of
not more than seven hundred fifty dollars ($750) or by
imprisonment not exceeding sixteen days (16) or both such fine and
imprisonment. Any person violating this section shall be subject to
a civil penalty not to exceed one thousand dollar for each violation.
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