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If you’re a knife enthusiast living in New York, understanding the laws and regulations surrounding knives is an indispensable part of being able to responsibly own and carry them.
To aid you in better comprehending your rights as a knife owner in New York State, this article will delineate an overview of New York knife law, including the types of knives that are permitted or prohibited, age restrictions for ownership, and carrying laws.
We’ll also delve into potential penalties for violations as well as defenses that may be available if charges are brought against someone accused of violating these laws. To conclude, we’ll provide some resources on where to learn more about Knife Laws in New York State.
Our Top Rated “50-State-Legal” Knives
*These knives are listed based on their broad legality across states, but always consult your local laws before making a purchase.
Does New York Have A Statewide Preemption For Knife Laws?
As of now, New York does not have a statewide preemption for knife laws. This means that while the state has its own set of knife laws, local municipalities and cities within the state can enact and enforce their own ordinances as well. Consequently, it’s possible to legally carry a knife under state law but still be in violation of a local ordinance.
This lack of preemption underscores the importance of understanding both state and local knife laws to avoid unintended legal issues. It is advisable to consult with local law enforcement or legal professionals to grasp the specific knife regulations in your area.
Owning & Carrying Knives In New York State
What Knives Are Legal In New York?
In New York, many types of pocket knives are legal, provided the blade is less than four inches in length. This includes folding knives, pen knives, and utility knives. Since 2019, gravity knives have also become legal to own and carry, following the repeal of the state’s long-standing ban.
However, the key determinant of legality often lies not just in the type of knife but also in how it is used or intended to be used. For instance, even a legal knife can become an illegal weapon if it’s used with unlawful intent or in a threatening manner.
What Knives Are Illegal In New York?
Certain types of knives remain illegal in New York. These include switchblades, ballistic knives, metal knuckle knives, and cane swords. Disguised knives, such as belt buckle knives or lipstick knives, are also prohibited.
Although gravity knives are now legal in New York State, they remain prohibited on public transportation systems like the MTA in New York City, and caution is still advised when carrying them in public.
Carrying Laws in New York State
Open Carry Laws in New York State
In New York, it is generally legal to openly carry a pocket knife with a blade length of less than four inches. However, certain types of knives, such as switchblades, are prohibited from being carried in public. Gravity knives are legal to carry since the 2019 repeal of the ban, but municipalities may have their own regulations, so it’s essential to check local laws.
Concealed Carry Knife Laws In New York
The laws surrounding concealed carry of knives in New York are somewhat more complex. Although there is no statewide prohibition on carrying concealed knives, they must still meet the legal requirements above, and the carrier must not have any unlawful or threatening intent.
Age Restrictions For Owning & Carrying Knives
In New York, there are specific age restrictions tied to the ownership and carrying of knives. The law prohibits the sale of any dangerous knife to anyone under the age of 16. Dangerous knives include items such as switchblades, metal knuckle knives, and other similar types of knives.
Penalties for Violating Knife Laws in New York State
Civil Penalties for Violating Knife Laws in New York State
Violations of knife laws in New York can result in civil penalties, including fines, court costs, and other associated fees. It’s important to stay updated on legal provisions as these penalties can change.
Criminal Penalties for Violating Knife Laws in New York State
In more serious cases, violations of knife laws can result in criminal charges. These offenses range from misdemeanors, such as unlawful possession or sale of certain knives, to felonies like possession with intent to use unlawfully against another person. The sentence’s severity depends on the offense’s nature, prior convictions, and other aggravating factors.
Defenses to Charges of Violating Knife Laws in New York State
Several defenses can be employed when facing charges related to violating knife laws in New York. These often hinge on the defendant’s knowledge or intent. If a person was unaware they were breaking the law, they may not be held liable. Additionally, defenses like “necessity” or “self-defense” might apply if the knife was used to protect oneself from harm.
FAQs in Relation to New York Knife Law
What size knife is legal to carry in NY?
In New York, you can generally carry a knife with a blade length of less than four inches. However, intent and usage are critical factors—carrying a knife with unlawful intent, even if it meets the size requirements, can lead to criminal charges.
Can I own a switchblade in New York?
No, switchblades are illegal to own in New York unless you belong to specific exempted groups like law enforcement or licensed hunters. Along with switchblades, other prohibited knives include ballistic knives, metal knuckle knives, and disguised knives(
Can I carry a knife for self-defense in New York?
While it’s legal to carry certain knives in New York, using a knife for self-defense can lead to legal issues if it causes alarm or distress to others. The intent behind carrying the knife matters greatly.
New York State Knife Law References
Official Sources of New York’s Knife Laws
- New York Penal Law Sections:
- § 265.00: Definitions.
- § 265.01: Criminal Possession of a Weapon in the Fourth Degree.
- § 265.02: Criminal Possession of a Weapon in the Third Degree.
- § 265.01-A: Criminal Possession of a Weapon on School Grounds.
- § 265.05: Unlawful Possession of Weapons by Persons Under Sixteen.
- § 265.06: Unlawful Possession of a Weapon on School Grounds.
- § 265.10: Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances.
- § 265.15: Presumptions of possession, unlawful intent and defacement.
- § 265.20: Exemptions.
- New York Criminal Procedure Law Sections:
Significant Court Cases
Case Name/Title | Summary |
---|---|
Copeland v. Vance | The gravity knife law in New York was not overly vague. |
In re: Alicia P | Vague knife laws cannot be enforced against juveniles carrying a knife. |
Knife Rights’ NYC Gravity Knife Case | NY Court of Special Sessions categorized gravity knives with switchblades, convicting a salesperson. |
Timeline of Major Changes
- February 1958: New York Court of Special Sessions categorized gravity knives with switch-blades.
- January 27, 1982: Ruling in In re: Alicia P stating vague knife laws can’t be enforced against juveniles carrying a knife.
- January 27, 2017: Ruling in Copeland v. Vance confirming the gravity knife law in New York was not overly vague.
- May 30, 2019: New York State repealed the ban on gravity knives, making it legal to possess them.
- June 17, 2019: New York approved a bill allowing certain non-U.S. citizens more rights regarding knife possession.
- June 23, 2022: U.S. Supreme Court’s Bruen Decision welcomed by the knife community for confirming limitations on government restrictions regarding knives.
Conclusion
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