Overview of NY Knife Laws
In New York, state law defines various categories of knives and regulates the types of knives that one may legally possess. The dominant source of law on knives is the Penal Law. New York Penal Law § 265.01 contains a list of prohibited knives. These knives fall into four broad categories, as follows: The following types of knives are specifically prohibited: Based on these definitions, the law prohibiting switchblade knives is the most restrictive. "Switchblade" includes any knife whose blade is released from the handle through the action of a spring or other mechanical device or by thumb pressure applied to a lever, which in turn releases the blade from the handle. Based on various court interpretations, any knife with a blade that can be released by any mechanical means falls within this definition, including assisted-opening knives as discussed here. "Gravity knife" is similarly defined as any knife which has a blade which is released from the handle or hilt by the force of gravity, or the application of centrifugal force which continues the movement of the bladed hand in the opening or sliding action of the blade. Because of the restrictive nature of this definition, virtually any folding knife with a blade can be considered illegal. See e.g., at least five different First Department cases listed as Ransom, 30 AD3d 174 (1st Dep’t 2006), Cole, 132 Misc 2d 20 (App Term, 1st Dept 1986), Powell, 129 AD2d 648 (1st Dept 1987), Fisher, 55 AD2d 909 (1st Dept 1977), Schreiber , 143 AD2d 853 (1st Dept 1988). Knives that do not fall within these categories are addressed under the general prohibited weapon statute, which requires proof of intent to use the otherwise legal knife for an unlawful purpose. See New York Penal Law § 265.02(5). In other words, the mere possession of certain knives is illegal, and intent to use it unlawfully is not necessary to establish possession. However, as explained by the Appellate Division in People v. McDonald, 179 AD2d 813 (3rd Dep’t 1992): While a prosecutor may not be required to prove criminal intent in establishing a prima facie case of possession of a dangerous knife, we nevertheless conclude that the prosecution must go forward to trial to prove beyond a reasonable doubt that the subject knife falls within defendant’s possession, i.e., that he intended to use the instrument unlawfully against another. (McDonald, 179 AD2d at 814) (Emphasis added, internal citation omitted.) Courts have interpreted this case as requiring intent to use the knife unlawfully before the prosecution can proceed on an otherwise legal knife, such as a folding knife. However, as noted in the example above, courts have continually struggled with interpreting the definition of a knife and what makes a prohibited knife illegal. The key takeaway is that there are restrictions on certain knives, and some knives are illegal to possess in New York. To determine whether a knife is legal, not only is the precise definition important, but so is the determination of whether there is intent to use the knife unlawfully.
What Types of Knives are Considered Illegal?
Knife laws in New York are based on the knife’s weight, form, and mechanism. Pocket knives, gravity knives, switchblades, and dirks are each treated differently under the law, some with stricter qualifications for permissible use than others.
1. Pocket knives
In general, it is legal for an individual to possess and carry a knife in New York. If an officer stops you carrying a knife and it turns out to be a pocket knife, then the officer should let you continue on your way (assuming the knife is not being used for a criminal purpose).
A pocket knife is defined as an "any D-fensing knife (i.e., pocket knife) having a blade folded, sheathed or stored in the handle in a manner that prevents the blade from being released from the handle." Classification as a pocket knife is meant to cover folding knives and pocket knives that only require the thumb for opening.
2. Gravity knives
A gravity knife spring-loaded knives where "the blade either drops down or is ejected from the handle by the force of gravity" are illegal in New York. This includes almost every kind of knife available on the market. Many common everyday products have also marketed as "gravity" knives, such as butter knives and box cutters. Even folding knives where the blade attaches to the handle via a hinge and are released by snapping one’s wrist can be considered a gravity knife.
3. Switchblade knives
Switchblade knives (i.e., "automatic knives") are also illegal in New York. Switchblades deploy via a spring-loaded mechanism and either a button, lever, or flick of the wrist. If the knife has a shank (the pointy end part) with a length over 4 inches, the law considers it illegal. In addition, if the knife is not able to be opened utilizing the hand or any force external to the hand simultaneously, it is also illegal.
4. Dirk knives
Dirk knives are also illegal in New York. In this case, a "dirk" refers to a "dagger" or spike with a blade longer than four inches.
Is it Legal to Carry Knives in Public Places?
So what about carrying knives in public areas? In New York State, it is a crime to possess weapons in places of worship, public transportation, establishments that sell liquor for consumption off the premises (such as a deli), schools, and courthouses. It is also a violation to possess a knife in a public park (Section 265.01 (5), (6) of the Penal Code). In New York City, it is likewise prohibited to carry weapons at "any place open to the public and provided with seating accommodations for members of the public who wish to view or listen to motion pictures…" (Section 265.01 (4)). Thus, if you are traveling to New York City from upstate, and you brought your folding knife with you, you may want to put it away when you arrive in the Big Apple.
Of course, most knife owners are aware that there are certain areas in which knives are banned entirely. As a rule, premises such as schools, federal buildings, courthouses and airports prohibit all knives.
How Does Self-Defense Impact Knife Laws?
One of the key legal justifications for carrying a knife in New York is that the knife can be claimed to have been brought to New York for the purposes of "self-defense." That said, a number of limitations and conditions attach to this legal defense.
First, regarding self-defense, the knife (and any knife you might be carrying) must be unlicensed and not registered to your name (obviously), and not prohibited by law.
Second, even if the knife is unlicensed and not otherwise prohibited by law, you will have to be able to show that you did in fact carry the knife as self-defense. In other words, you can’t just carry a knife routinely and then claim that you had it as self-defense, because you may have been carrying it to use as a weapon, which is prohibited by law.
Third, even if you have a valid argument that the knife was carried as self-defense, you will not be able to argue that the knife was negative, since certain knives such as switch-blades and daggers are illegal to possess regardless of intent or application, so you can’t claim to that you actually had a knife on you for self-defense when the same knife is explicitly illegal upon your possession. This means that in NY state, having a three inch folding knife is just as illegal as a switch blade or a dagger.
Fourth, even if your knife is 100% legal in NY upon further inspection by NYPD, you will be asked to answer several questions by police about why you were carrying the knife at all, and the reasons given by police officers for questioning you can be quite different than the reasons given at trial. Most often, NYPD will ask you just why the knife was on your person — if you cannot give a satisfactory answer, the cops can and will use that against you. Above all else, the cops will want to know whether the knife was "for self-defense," and if you start stuttering or making excuses, or if you stop to think and then give a rambling answer, that will be used against you. If the answer is satisfactory to the cops, then you may end up being free. But if the answer isn’t satisfactory, it can essentially be used against you, and you may be charged. The admissibility of whether or not a statement was given to NYPD has long been ruled to be inadmissible under the 5th Amendment. Even when NYPD says that an inculpatory statement made freely and voluntarily may be used against you, it is still ruled inadmissible under the 5th amendment, and the 14th Amendment is supposed to uphold that exclusion. Yet somehow, NYPD uses it regularly and still gets away with it, despite Article I, § 6 of the NY Constitution and regardless of the dissenting opinion that writes: "Unless voluntary statements have been found to satisfy the requirements of the applicable rule, they have been held to be inadmissible as violative of section 6 of article I of the State Constitution where involuntary statements were found to be inadmissible in cases of purported waiver without sufficient proof of a knowing and intelligent relinquishment of a constitutional right."
Needless to say, proving that you did use the knife as a means of defense in a court of law can become quite troublesome, if not unworkable altogether, even though you may have had the right to carry it in the first place.
Police Penalties Under NYC Knife Laws
Violating knife laws can have serious consequences in New York. As discussed above in, Is Carrying a Knife Illegal? there are various degrees of restrictions on "weapons" in New York. When the defendant has been formally charged with criminal possession of a weapon, he or she can expect a harsh punishment if convicted of a charge.
Imagine that a client is charged with criminal possession in the fourth degree (NY Penal Law 265.01(4)) or criminal possession of a weapon in the fourth degree (NY Penal Law 265.01(4)). The client has no previous convictions, and the best possible resolution is an ACD (an adjournment in contemplation of dismissal). This means that after six months, the charges will be dismissed and sealed, so the arrest record cannot be seen by an employer. This shows the best case scenario possible. However, if the exact same client were charged with criminal possession in the second or third degree (NY Penal Law 265.03 or 265.02), even the best New York criminal lawyer may not be able to help him. The penalties for criminal possession of a weapon in the 2nd degree, a Class C Felony, are up to 15 years in prison, with a minimum sentence of 3.5 years and an Order of Protection, or the probationary equivalent . On the other hand for criminal possession of a weapon in the 3rd degree, a Class D Felony, the sentence is up to 7 years in prison, with a minimum of 2 years and an Order of Protection, or the probationary equivalent. In 2006, the last year statistics are available, there were 6,500 felony arrests in Manhattan and Brooklyn. While it’s impossible to know how many of those on the list are knife-related, even one slip-up can mean the end of one’s freedom. Even differences in individual statutes can show significant variations in potential penalty. For example, both knives can be classified as gravity knives or switchblades. Yet, the following two penalties are diametrically different: Similar penalties are also laid out in display weapons, defined as any knife or other sharp instrument which is from 3 to 5 inches long and displayed in a manner to constitute an instrument readily capable of causing physical injury. The penalty for a display weapon is an A misdemeanor (penalties available through NYC Admin. Code 10-132). Moreover, a person found in possession of an illegal knife faces not only fines or jail time (or both), but also potential civil asset forfeiture, i.e., the government sees the knives and destroys them, and the person never gets them back.
Sneaking Past the New NY Knife Laws
In 2019, following the decision in People v. Espinal, the New York Court of Appeals outlined an ambiguous exemption for what knives are prohibited, such as switchblades and gravity knives. The law states, "for the purpose of this section, a ‘switchblade knife’ shall be deemed to be a knife [or] blade . . . which has a blade which opens, or is capable of being opened by a flick of the wrist . . . ." Espinal analyzed the origins of the "flick of the wrist" requirement set forth in the 1958 amendment of the definition of switchblade knife. Despite the vagueness of the amendment, the Court found "[A]lthough we do not find it necessary to engage in a lengthy policy analysis, we note that there is a reasonable basis to conclude that the legislative history evidences an intent to exempt ‘gravity knives’ from the prohibitions of the statute."
Legislators quickly responded through the introduction of new bills that redefine switchblade knives and expand the exemptions. In May of 2019, Assembly Bill A8357 was introduced which would have amended the definition of switchblade and considered automatic knives with blade length over four inches with weights that exceed five ounces to be excluded from the definition of switchblade. In New York City, both Mayor Bill de Blasio and Police Commissioner Dermot Shea recognize the confusion the statute creates for citizens and the ineffective enforcement of the ban on gravity knives. In 2014, Shea wrote a memo explaining that officers would no longer arrest individuals carrying gravity knives based on the police department’s internal FINEST, which allows police officers to carry only knives that would fit the legal definition of a gravity knife under the recently eliminated legal standard.
In August of 2019, the Brooklyn District Attorney’s office released a statement announcing the end of the prosecution of all pending criminal cases that involve knife possession charges that were based solely on the former NY definition of gravity knives. The District Attorney indicated that the office would also dismiss knife possession cases involving folding knives discovered in the course of an arrest. In Queens, the Queens District Attorney’s office recently announced that they dismissed more than 350 criminal cases for violations of the New York law prohibiting the possession of gravity knives. The dismissal of these criminal cases is part of a broader initiative by Queens District Attorney to end the criminal prosecution of all "low-level" cases.
Consultation and Resources
If you are unable to afford representation at this stage, you may be able to find a legal aid organization in your area that can provide some assistance. It is also important to note that government agencies often have free online resources that help navigate these exemptions and the law regarding knives in general – you may want to check with the local branch of the Department of Criminal Justice Services for information about prohibited species in New York . In addition, the New York State Division of Criminal Justice Services is charged with tracking knife and weapons law in the state, and it also publishes resources that is geared towards law enforcement purposes, but may still be useful to you.