New York has strict laws surrounding the possession and carrying of knives. Whether you’re a collector, a hunter, or someone who uses knives in everyday life, it’s important to understand the legal restrictions around knives in the state. The consequences of carrying an illegal knife can be serious, including fines and possible imprisonment. This guide will help you navigate New York’s knife laws and clarify what types of knives are legal to own and carry, as well as where and how you can carry them.
Types of Knives and Legal Status
New York’s laws differentiate between various types of knives, and the rules governing them depend on their classification. Here’s an overview of the most common types of knives and their legal status:
1. Folding Knives (Non-Automatic)
Folding knives are some of the most commonly carried knives. These knives fold into the handle and can be easily stored in a pocket.
Legal Status: Legal to own and carry as long as they are not intended for use as a weapon.
Restrictions: As long as the knife is concealed and does not exceed a certain size, folding knives are typically legal. However, they must not have features that make them function as switchblades or automatic-opening knives.
2. Automatic Knives (Switchblades)
Automatic knives, commonly known as switchblades, open automatically with the press of a button.
Legal Status: Illegal to possess or carry in New York.
Exceptions: There are limited exceptions, such as law enforcement officers or people involved in specific professional roles. In general, civilians cannot legally carry or possess automatic knives in the state.
3. Gravity Knives
Gravity knives are similar to switchblades but open using the force of gravity. The blade is released from the handle by a flick of the wrist.
Legal Status: Illegal to carry or possess in New York under Penal Law 265.01.
Recent Changes: New York courts have narrowed the definition of gravity knives, which means that not all knives previously classified as gravity knives are still considered illegal. However, gravity knives that can be easily opened with one hand are still banned.
4. Dirks, Daggers, and Stilettos
Dirks and daggers are knives with pointed, double-edged blades often used for stabbing. Stilettos are similar but are generally smaller and slimmer.
Legal Status: Illegal to carry without a valid, lawful purpose.
Restrictions: These knives are generally banned from being carried in public, except in cases where you can demonstrate that they are for lawful purposes, such as hunting or work-related activities.
5. Bowie Knives
A Bowie knife is a large, fixed-blade knife that is typically used for hunting or outdoor activities.
Legal Status: Illegal to carry in New York without a legitimate purpose.
Restrictions: You cannot carry a Bowie knife unless you have a lawful reason, such as for a camping trip or hunting. Carrying it for personal defense is not considered a legitimate purpose.
Where and How You Can Carry a Knife in New York
Even if a knife is legal to possess, there are still restrictions on how and where you can carry it. In New York, these restrictions are primarily concerned with the concealment of knives and how they are carried in public.
1. Concealed Carry
In New York, carrying any knife concealed on your person is illegal unless you have a permit or a valid exception. This includes carrying knives in your pocket, jacket, or bag.
Legal Status: Illegal to carry most knives concealed without a permit.
Exceptions: Certain knives, like small folding knives, might be acceptable if they are concealed, but other knives, especially switchblades or large fixed-blade knives, are strictly prohibited.
2. Open Carry
Openly carrying a knife in public is also heavily regulated. Knives such as dirks, daggers, and large fixed-blade knives are considered dangerous weapons and cannot be carried openly in public.
Legal Status: Illegal to carry dangerous knives openly without a legitimate reason.
Exceptions: If the knife is necessary for a specific purpose like work, camping, or another legitimate activity, you may be able to carry it openly. However, open carry for self-defense purposes is not allowed.
3. New York City Knife Laws
New York City has stricter regulations than the rest of the state. The city enforces its own set of rules under the New York City Administrative Code.
Key Restrictions:
Automatic and Gravity Knives: Switchblades and gravity knives are explicitly banned, and possession of these knives can lead to criminal charges.
Size Limitations: It is illegal to carry a knife with a blade longer than 4 inches unless you have a legitimate reason.
Concealed Knives: Carrying a concealed knife, even if it is a small folding knife, can lead to charges unless you have a valid permit.
Penalties for Violating Knife Laws in New York
The penalties for violating New York’s knife laws can range from fines to imprisonment, depending on the seriousness of the offense.
Misdemeanor: Carrying a knife illegally, such as a concealed or dangerous weapon, can result in a misdemeanor charge, which could lead to a fine and/or jail time.
Felony: Possessing certain knives, such as switchblades or gravity knives, or carrying a knife as part of another criminal act (like robbery), can result in felony charges, which carry heavier penalties, including longer prison sentences.
Defenses Against Knife Charges
If you are charged with violating knife laws, you may be able to use a few defenses to mitigate or avoid penalties:
Legitimate Purpose: Showing that you were carrying the knife for work or other legitimate purposes, such as hunting, fishing, or outdoor activities.
Unknowing Possession: If you didn’t realize that the knife was illegal or didn’t know you were carrying it, you may be able to avoid a conviction.
Lack of Intent: If you weren’t carrying the knife with criminal intent, this could help your case, especially if you were unaware of the law or the specific restrictions.
New York has strict laws when it comes to knives, and understanding these laws is crucial for anyone who owns or carries knives. While folding knives and certain other types are generally legal, others, like switchblades, gravity knives, and large fixed-blade knives, are heavily restricted. Carrying a knife unlawfully, whether concealed or openly, can result in serious penalties. If you are unsure about the legal status of a knife or need more specific advice, it’s always best to consult with an attorney familiar with New York’s knife laws.
SOURCES
[1] https://www.tsiglerlaw.com/blog/new-york-knife-laws/
[2] https://www.nyc.gov/site/nypd/about/faq/knives-faq.page
[3] https://www.akti.org/state-knife-laws/new-york/
[4] https://www.tosahwi.com/blogs/new-york-knife-laws
[5] https://tkellknives.com/what-size-knife-is-legal-to-carry-in-ny-a-clear-guide/
