New York State Knife Laws: A Guide for Knife Carriers! (2024)
Just like life in New York, with its skyscrapers, crowds and around-the-clock access to almost anything imaginable, knife laws in the Empire State are relatively confusing.
New York, like many states, outlaws ownership of knives that are adapted for use as a weapon. Additionally, ballistic knives, metal knuckle knives, cane swords, and throwing stars are also illegal to own.
Much discussion about knives in New York revolves around switchblades and the distinction between a folding knife and a fixed blade knife.
The bulk of confusion revolves around very recent developments and case law that compounds issues of intended use with a strict reading of the law.
Overview of New York Knife Laws
While it is legal to own a hunting knife, dirk, dagger or stiletto, it is illegal to own the following knives in New York:
Ballistic knives
Metal Knuckles or metal knuckle knifes
Cane Swords
Throwing stars
It is illegal to own any knife if you are not a U.S. Citizen in New York. Additionally, it is illegal to own any knife adapted for use primarily as a weapon.
The pertinent law reads, in part: “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, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sandbag, 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…”[i] (emphasis added)
Recent Developments in the Carry of Switchblades
On June 7, 2018, the highest court in New York upheld the conviction of a man found in unlawful possession of a knife at a subway station after finding that the knife met the definition of a switchblade in People v. Berrezueta, 2018 NY Slip Op 04032. Penal Law 265.00(4) defines a switchblade knife as “any knife which has a blade which opens automatically by hand pressure applied to a button, spring or the device in the handle of the knife.”
This case is worth reading because the defendant was a mailroom worker who testified he used that he used the knife exclusively for work to open packages. In arriving at its decision, the Court stated:
“[The] police officer’s allegation that he identified the knife recovered from the defendant as a switchblade …[was] based upon his ‘training and experience as a police officer and because, when [he] applied hand pressure to a spring-loaded portion of the blade of the knife protruding from the handle of the knife, the blade swung open automatically,’ sufficed to show the basis for the officer’s conclusion that defendant’s knife was a switchblade.
Although the officer failed to specifically state that the ‘button, spring or other devices [was] in the handle of the knife’, the weapon described possessed general features common to a switchblade…”
In the case of a switchblade, the statute requires that the “button, spring or other devices” be located “in the handle of the knife” (Penal Law § 265.00 [4]). The Legislature has thus specified this category of a prohibited weapon by the physical mechanism that triggers the manner in which the knife open, and “[t]he line is so drawn” (see People v Case, 42 NY2d 98, 102-103 [1977]).
If the Legislature intended to exclude this definitional limitation on what constitutes a switchblade it knew how to do so, demonstrated by the fact that other definitions do not specify where an opening device must be located (see e.g. Penal Law § 265.06 [banning “spring-gun or other instrument or weapon in which the propelling force is a spring” on school grounds]; §§ 265.01, .00 [5] [prohibiting gravity knives, which lock into place by a “button, spring, lever or other devices” in an unspecified location]).[ii]
In sum, knife owners should be cognizant that New York does not recognize a difference in automatic or assisted-openers. The intended use or reason for possession of the knife is also immaterial.
Imputation of Possession in New York
It is well-settled law in New York that, absent certain exceptions, the presence of a firearm in an automobile is presumptive evidence of its illegal possession by all occupying the vehicle. New York Penal Law 265.15(3) states: “The presence in an automobile, other than a stolen one or a public omnibus, of any firearm, defaced firearm, firearm silencer, bomb, bombshell, gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckles, sandbag, sandclub or slungshot is presumptive evidence of its possession by all persons occupying such automobile at the time such weapon, instrument or appliance is found…” (emphasis added) The exceptions include weapons found in a vehicle for hire – the weapon wouldn’t apply to the driver – and those with a permit to conceal carry.[iii]
Moving Forward
New York is much larger than Manhattan and knife laws differ in New York city than in the rest of the state. It is important to note that even in the People v. Berrezueta case mentioned above, the defendant was found with a knife in the subway thereby subjecting him to regulations specified by the Transit Authority.
The Court even noted that “Defendant was initially charged by misdemeanor complaint with criminal possession of a weapon in the fourth degree (Penal Law § 265.01 [1]), and subsequently additionally charged by superseding information with possession of a knife worn outside of clothing (Administrative Code § 10-133 [c]) and possession of a weapon or other dangerous instrument within the Transit Authority (21 NYCRR 1050.8 [a])”
In sum, New York does not have concealed carry laws. Therefore, it is legal to open or conceal carry any knife that is legal to own in the first place. However, knife owners should be cognizant of the vast amount of grey area in New York laws, specifically surrounding intended use and display and take precautions by carrying any permits on their person at all times when traveling through New York.
[i] § 265.01. Criminal possession of a weapon in the fourth degree
[ii] For more information, see: https://kniferights.org/wpcontent/uploads/2018/06/People_v_Berrezueta_06072018.pdf
[iii] County Court of Ulster Country, New York et al. v. Allen et al., 442 U.S. 140 (1979)
None of the material in this article should be interpreted as legal advice. I am not a lawyer. Never take any action with legal consequences without first consulting with a lawyer licensed in your jurisdiction. This article should not be relied upon for making legal decisions. This information is provided for scholarship and general information only.
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New York City also prohibits the possession in public of a knife with a blade that is 4 or more inches regardless of whether any part of the knife, including the blade, is visible or concealed.
What Is The Legal Size Of A Knife in NYC? While there is no size restriction in the state, AC 10-133 makes it illegal to carry a knife with a blade that is four inches or longer.
A. In the State of California, there is no maximum length for knives in general. However, the maximum legal length for a switchblade knife is 2 inches. Additionally, it is illegal to carry daggers or dirks concealed, and also illegal to carry many types of knives which are designed for concealment.
Possession of switchblades, ballistic knives, metal knuckle knives, and cane swords is prohibited, although there is a hunting and fishing exemption for switchblades. Gravity knives were removed from this prohibited category effective May 30, 2019, due in part to the efforts of AKTI.
Knives that are usually legal to carry almost anywhere include multi-tool devices, Swiss Army knives, and utility knives, and knives with blades that are shorter than 2.5 inches.
It is illegal to carry a dirk, dagger, or stiletto with the intent to use it as a weapon against another. New York does not have concealed carry laws, therefore it is legal to open or conceal carry any knife that is legal to own and that the carrier does not intend to use unlawfully against another.
Tagio is right that the laws in New York make a strong distinction between folding knives and “fixed blade” knives, those that don't fold. As he or she points out, non-folding knives of four inches or less are perfectly legal to carry anywhere in New York City, unless you have unlawful intent.
In New York you can own or possess a long gun, including shotguns and rifles, without requiring a permit or a license. It is also possible to own a pistol in New York State, but to be able to carry this type of gun you will have to obtain a permit for the weapon in order to own it legally.
A dirk or dagger is a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. Most pocketknives and folding knives are not considered to be dirks or daggers unless the blade of the knife is exposed and locked into position.
It is illegal to carry any sharply pointed or bladed article in a public place (with the exception of a folding pocket knife, which has a blade that is less than 7.62cm or 3 inches). A lock knife is NOT a folding pocketknife and therefore it is illegal to carry these knives regardless of the length of the blade.
In California, butterfly knives are prohibited. Under California Penal Code 21510 PC, butterfly knives are classified as a form of switchblade. Carrying, possessing in public, selling, or otherwise transferring a butterfly knife is illegal under this legislation.
A pocketknife is a knife with one or more blades that fold into the handle. They are also known as jackknives (jack-knife), folding knives, or may be referred to as a penknife, though a penknife may also be a specific kind of pocketknife. A typical blade length is 5 to 15 centimetres (2 to 6 in).
Yes, throwing knives is illegal in New York. Knives such as throwing stars, double-edged swords, and throwing knives are mainly used as weapons that are illegal in New York State. These knives are dangerous and may cause serious bodily injury if used unlawfully.
The easy answer to this question is that the “butterfly knife” as described above is not a “gravity knife” and therefore, your mere possession of it is not a violation of New York Penal Law 265.01(1).
The open carry law states that the hilt or handle of a knife cannot be hidden (or concealed), even by clothing or the knife's sheath. This law exists as a way to ensure that anyone around the person carrying the knife can clearly see it in order to prevent surprise attacks.
It is an offence to carry any sharp or bladed instrument in a public place, with the exception of a folding pocket knife where the cutting edge of the blade is 7.62 cm (3 inches) or less.
Similar to conventional automatic knives, federal law makes ballistic knives with a spring-operated blade illegal to possess, manufacture, sell, or import "in or affecting interstate commerce." This means they are illegal to import from outside the United States, as well as buy or sell over state lines, including ...
This means that if you're in the state of New York and are caught with a spring-assisted knife, you could risk arrest and jail time. The only thing you should carry in the state is a small slipjoint that's inside your pocket and not clipped to it. Even then, you could be at risk, depending on the arresting officer.
In the state of New York, metal knuckles are illegal. Additionally, those that may be worn as jewelry around the neck on the fingers are considered to be concealed weapons in some states. Brass knuckles have been glamorized due to their use in popular mass media, including in major TV shows and video games.
New York law defines a gravity knife as a knife with the blade in the handle that can be opened with a one‐handed flick of the wrist. They differ from switchblades, which use a spring to propel the blade into an open position automatically with the push of a button.
Any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
“Every one of us has a fundamental right to self-defense. But in practice, the right to self-defense is limited to our homes in New York. The 'duty to retreat' clause, requires New Yorkers to retreat from a violent aggressor when in public before they can defend themselves and their loved ones.
But if you live in New York State, some common self-defense items are actually against the law to own. Last summer we discovered that an item called a "monkey fist" is actually considered a deadly weapon and is illegal to own in the Empire State.
'Seax' is the generic Old English word for knife, but is used by archaeologists to describe the larger iron single-edged knives which first appear in Anglo-Saxon graves of the seventh century.
Scottish Dirks and Sgian Dubhs are traditional Scottish dress essentials. The Sgian Dubh is a utility knife worn in your kilt hose.Sgian Dubhs for full Dress and Day wear The Scottish Dirk is worn at your side off your belt.
Carrying a knife or gun is illegal. Carrying a knife or gun increases your risk of being injured. It also increases the risk of the people around you being injured, and can cause great distress and upset to your family. Police are allowed to stop and search someone if they believe a weapon is being carried.
Examples of good reasons to carry a knife or weapon in public can include: taking knives you use at work to and from work. taking it to a gallery or museum to be exhibited. if it'll be used for theatre, film, television, historical reenactment or religious purposes, for example the kirpan some Sikhs carry.
While it's entirely legal to carry a pocket knife for self-defense, using it recklessly is illegal, and can lead to serious legal problems. As such, you should avoid drawing and using the knife unless it is absolutely necessary.
In California, switchblades with blades of two inches or longer are illegal. Fixed-blade knives with blades of two-and-a-half inches or longer are illegal on college/university/school premises. And any knife with a blade longer than four inches is illegal in a public building.
As per our analysis, we have figured out that pocket knife is a tool. It can't be termed as a weapon since it is not a combat weapon. This small sized knife is not manufactured to be great for stabbing and thrusting actions. It is designed as an everyday carry tool.
The paring knife is a small, short-bladed knife, used for intricate cutting, peeling, mincing and dicing. The blades are simple, sharp and precise. Length Range: From 3.5-4 inches, although some come in 2.5 inch ranges. Ideal for: Peeling and cutting small fruit and vegetables.
The new law, called the NY Safe Act of 2013, bans semiautomatic rifles that have more than one of the so-called military-style features, including: pistol grip, folding stock, flash suppressor, thumbhole stock, bayonet mount and a second hand grip that can by held by the non-trigger hand.
Still, swords are legal to carry if they are being used in historical demonstrations or ceremonies in which the sword is "significant to the performance of the ceremony." In New York, possession of a cane sword is a misdemeanor, but it can become a felony if it is a sword-carrier's second or third offense.
In New York you can own or possess a long gun, including shotguns and rifles, without requiring a permit or a license. It is also possible to own a pistol in New York State, but to be able to carry this type of gun you will have to obtain a permit for the weapon in order to own it legally.
Any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
Yes, throwing knives is illegal in New York. Knives such as throwing stars, double-edged swords, and throwing knives are mainly used as weapons that are illegal in New York State. These knives are dangerous and may cause serious bodily injury if used unlawfully.
Still, swords are legal to carry if they are being used in historical demonstrations or ceremonies in which the sword is "significant to the performance of the ceremony." In New York, possession of a cane sword is a misdemeanor, but it can become a felony if it is a sword-carrier's second or third offense.
Introduction: My name is Patricia Veum II, I am a vast, combative, smiling, famous, inexpensive, zealous, sparkling person who loves writing and wants to share my knowledge and understanding with you.
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