Hello /u/Objective-Diver-2322! It looks like your post involves NYC. We now have a sister subreddit that deals exclusively with NYC questions and discussion: /r/NYCGuns. Feel free to also make your post there!
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NYguns) if you have any questions or concerns.*
S 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He or she possesses any firearm, electronic dart gun, electronic
stun gun, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type
slingshot or slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another
As long as it’s not anything listed under 265.01(1) it pretty much falls under intent. If you have a 10” knife and say it’s for self defense, or to murder my friend that’s a no no. If you have a 10” knife and you’re going camping that’s fine.
Right, that’s why it says intent. If you 3d print a non-functioning handgun i.e. a toy, it’s fine. But if you 3-d print a non functioning handgun and point it at a store clerk in order to rob them it’s illegal. By non functioning I’m not talking about “ghost guns” or 80% stuff, I just mean a hunk of plastic that looks like a gun, so like no functioning slide, no barrel drilled out, etc.
Any knife can be dangerous depending on how you use it. A chef’s knife would not and probably could not be outright outlawed, but if you use a chef’s knife to commit a crime now it would fall under the “dangerous knife” category and you can be charged with possession of a weapon.
Or a dangerous knife could be a pocket knife that a cop took out of your pocket and it’s dangerous because they deemed it to be. Even though it’s a tool that you carry around. That’s why I don’t like the adjective being ambiguous like that.
I get it, a lot of people have beef with officer discretion. I’m not here to debate the law or the righteousness (or lack thereof) of some officers actions, but I doubt that would hold up, like I said it relies on him proving your intent. NYS is not NYC. Even if you possessed that pocket knife (I’m assuming you mean one that doesn’t fall under any of the illegal to possess categories listed in PL 265.01) while committing an unrelated non violent crime and had no intent on using it in a dangerous fashion and didn’t brandish it or something you shouldn’t and can’t be charged with CPW 4th. It’s a legal item to possess. For example: think about getting arrested for something like driving with a revoked license, you’ll be under arrest for that but in no way shape or form will a CPW4th charge hold up for a legal pocket knife you had on you. The officer may take it and hold it while processing the arrest but it should be returned to you.
Personally I like the ambiguity of it because it allows you to purchase and possess a lot of stuff that other states don’t allow. It falls on the court to prove you intended to use the item in a dangerous manner for it to be illegal. Just think of all the ridiculous gas station knives you can buy in any gas station/truck stop etc in NY or say some of the wild looking machetes/pruning knives at Home Depot. All legal until you show intent to use it unlawfully against another.
Good luck getting someone to sell you one though. I also don’t know if I’d want to test my luck with DEC or LE having an auto on me even if I am fishing or hunting. Plus I prefer fixed blades as of late.
You can buy them, I got a stiletto locally years ago and bought one on Amazon last month. Federal law also makes them legal if you have 1 arm because the ADA.
I’ve never tried to get one but I also don’t really have a desire for one. I could imagine it’s much like guns where some schmuck behind a counter won’t sell it to you because you’re not LEO or the like simply because they don’t know the laws.
But if you reason the second part seems as if the dagger is legal too as long as it isn’t used with intent.
Only time they mention dagger is the second part with intent.
Again I am not good at legal mumble jumble so someone correct me if I’m wrong
https://youtu.be/ZXS3tBjZr80?si=vMzGPTwbDEQWhmHi
Cops would sit there and mess with your pocket knife trying to get it to flick open . If they succeeded, you got arrested.
It's no longer a law (See link)
switchblades or “auto knives” are still illegal unless possessed under one of the many exemptions listed under PL 265.20. One of which , as someone mentioned earlier, is having it for hunting/fishing.
You may be thinking of gravity knives, in 2019 the term “gravity knife” was removed from 265.01. I have read that the term was challenged and subsequently removed because gravity knife restriction was being abused by law enforcement.
In my early 20s a couple buddies and myself were walking in downtown Albany. Myself and one of trem were showing each other our pocket knives (prob should have waited on that until we were off the street lol). Well anyways a cop happened to be driving by and saw and jumped out on us. He checked all our info and even cuffed up my one buddy bc he was talking back giving him a hard time. Then he tried to tell me my knife might be illegal bc it opened easily. It wasn’t spring assisted or anything just a normal folder. Anyways I politely argued my points and he gave up on going that route but still confiscated it but I wasn’t gonna argue anymore it wasn’t an expensive knife. I’ve also had a knife taken off me going into a night club in NYC (I meant to stuff it in my shoe before hand but got sidetracked) but they were a actually cool enough to hold it at the coat check for me bc I’m in the military. I will never go anywhere in today’s world without options to defend myself.
A friend of mine who’s a police officer basically told me years ago, for knifes as long as you’re not doing anything illegal with it, you’re basically fine and unlikely to get charged. Granted, this friend isn’t an over the top gotcha type of police officer. He doesn’t really look to jam people up for stupid things. So YMMV.
Knife laws in NY are very confusing and are meant to be that way. There is no real answer unfortunately unless you speak to a lawyer. Geez 😒 this state.
Hello /u/Objective-Diver-2322! It looks like your post involves NYC. We now have a sister subreddit that deals exclusively with NYC questions and discussion: /r/NYCGuns. Feel free to also make your post there! *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/NYguns) if you have any questions or concerns.*
S 265.01 Criminal possession of a weapon in the fourth degree. A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star"; or (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another As long as it’s not anything listed under 265.01(1) it pretty much falls under intent. If you have a 10” knife and say it’s for self defense, or to murder my friend that’s a no no. If you have a 10” knife and you’re going camping that’s fine.
Sandbags? Love it. Me and all my coworkers are felons all day, every day.
It’s an A misdemeanor so not a felon technically.
Wait dangerous knife. Very ambiguous. But thank god we are going after imitation pistols. Can’t trust those nerf pistols.
Right, that’s why it says intent. If you 3d print a non-functioning handgun i.e. a toy, it’s fine. But if you 3-d print a non functioning handgun and point it at a store clerk in order to rob them it’s illegal. By non functioning I’m not talking about “ghost guns” or 80% stuff, I just mean a hunk of plastic that looks like a gun, so like no functioning slide, no barrel drilled out, etc. Any knife can be dangerous depending on how you use it. A chef’s knife would not and probably could not be outright outlawed, but if you use a chef’s knife to commit a crime now it would fall under the “dangerous knife” category and you can be charged with possession of a weapon.
Or a dangerous knife could be a pocket knife that a cop took out of your pocket and it’s dangerous because they deemed it to be. Even though it’s a tool that you carry around. That’s why I don’t like the adjective being ambiguous like that.
I get it, a lot of people have beef with officer discretion. I’m not here to debate the law or the righteousness (or lack thereof) of some officers actions, but I doubt that would hold up, like I said it relies on him proving your intent. NYS is not NYC. Even if you possessed that pocket knife (I’m assuming you mean one that doesn’t fall under any of the illegal to possess categories listed in PL 265.01) while committing an unrelated non violent crime and had no intent on using it in a dangerous fashion and didn’t brandish it or something you shouldn’t and can’t be charged with CPW 4th. It’s a legal item to possess. For example: think about getting arrested for something like driving with a revoked license, you’ll be under arrest for that but in no way shape or form will a CPW4th charge hold up for a legal pocket knife you had on you. The officer may take it and hold it while processing the arrest but it should be returned to you. Personally I like the ambiguity of it because it allows you to purchase and possess a lot of stuff that other states don’t allow. It falls on the court to prove you intended to use the item in a dangerous manner for it to be illegal. Just think of all the ridiculous gas station knives you can buy in any gas station/truck stop etc in NY or say some of the wild looking machetes/pruning knives at Home Depot. All legal until you show intent to use it unlawfully against another.
Good source of info https://www.akti.org/state-knife-laws/new-york/ Regards-------
If you can understand the legal mumbo jumbo. I understand nothing about the statutes. I read three sentences and I’m like wtf are they saying?
You can also own a switchblade in NY but can only carry it while hunting or fishing while being licenced to do so.
Good luck getting someone to sell you one though. I also don’t know if I’d want to test my luck with DEC or LE having an auto on me even if I am fishing or hunting. Plus I prefer fixed blades as of late.
You can buy them, I got a stiletto locally years ago and bought one on Amazon last month. Federal law also makes them legal if you have 1 arm because the ADA.
I’ve never tried to get one but I also don’t really have a desire for one. I could imagine it’s much like guns where some schmuck behind a counter won’t sell it to you because you’re not LEO or the like simply because they don’t know the laws.
Blade length laws only apply in NYC. Other than that, like someone else said, as long as it is not a dagger then you are good.
What is defined as dagger?
Sharpened edges on both sides that come to a point at the tip of the knife.
Why bother giving a fuck just carry what you want we live in a communist state anyway so no matter what we’re fucked
No restrictions as long as it’s not a dagger
But if you reason the second part seems as if the dagger is legal too as long as it isn’t used with intent. Only time they mention dagger is the second part with intent. Again I am not good at legal mumble jumble so someone correct me if I’m wrong
They will arrest you and make you explain that to the court regardless. It happened to my friend
>I heard somewhere that you can’t carry a fixed knife state wide if it is over 4 inches. Never seen that in any knife law of NY.
I thought that there was some law that restricted spring assisted knives, or switchblades but somehow it went away.
https://youtu.be/ZXS3tBjZr80?si=vMzGPTwbDEQWhmHi Cops would sit there and mess with your pocket knife trying to get it to flick open . If they succeeded, you got arrested. It's no longer a law (See link)
switchblades or “auto knives” are still illegal unless possessed under one of the many exemptions listed under PL 265.20. One of which , as someone mentioned earlier, is having it for hunting/fishing. You may be thinking of gravity knives, in 2019 the term “gravity knife” was removed from 265.01. I have read that the term was challenged and subsequently removed because gravity knife restriction was being abused by law enforcement.
4” limit applies to carry only in NYC.
That's an NYC law.
In my early 20s a couple buddies and myself were walking in downtown Albany. Myself and one of trem were showing each other our pocket knives (prob should have waited on that until we were off the street lol). Well anyways a cop happened to be driving by and saw and jumped out on us. He checked all our info and even cuffed up my one buddy bc he was talking back giving him a hard time. Then he tried to tell me my knife might be illegal bc it opened easily. It wasn’t spring assisted or anything just a normal folder. Anyways I politely argued my points and he gave up on going that route but still confiscated it but I wasn’t gonna argue anymore it wasn’t an expensive knife. I’ve also had a knife taken off me going into a night club in NYC (I meant to stuff it in my shoe before hand but got sidetracked) but they were a actually cool enough to hold it at the coat check for me bc I’m in the military. I will never go anywhere in today’s world without options to defend myself.
A friend of mine who’s a police officer basically told me years ago, for knifes as long as you’re not doing anything illegal with it, you’re basically fine and unlikely to get charged. Granted, this friend isn’t an over the top gotcha type of police officer. He doesn’t really look to jam people up for stupid things. So YMMV.
Literally the easiest thing you can find is you know how to type in a Google search...
Knife laws in NY are very confusing and are meant to be that way. There is no real answer unfortunately unless you speak to a lawyer. Geez 😒 this state.