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NY Gravity Knife Law Changed!

Discussion in 'Knife Laws' started by tom19176, May 31, 2019.

  1. drail

    drail

    404
    Feb 23, 2008
    And this is the line we cross when we permit our Govt. to arrest and charge you for simple possession of an inanimate object that we "might" use for evil purposes. Once you cross that line then they will never stop taking your freedom.
     
    SW-EDC likes this.
  2. wintermute

    wintermute Gold Member Gold Member

    Oct 18, 2007
    Sorry for bringing up an old thread, but I just found out about passage of this law. I read through Assembly Bill 5944 and did a quick comparison to Section 265 of the Penal Code and have one concern about this revision. So the words "gravity knife" are removed from any paragraph talking about illegal possession of a weapon, but the definition of "gravity knife" has not been removed from Section 265.00. Furthermore, the definition of "automatic knife", which still is illegal to possess, still includes "gravity knife". So does this mean that a "gravity knife" is still technically illegal?
     
    tom19176 likes this.
  3. tom19176

    tom19176 Gold Member Gold Member

    Dec 7, 2005
    Read the law here : https://www.nysenate.gov/legislation/laws/PEN/265.00

    Is it updated. 265.00 is the definitions, 265.01 is the violations, and 265.20 #6 allows an exemption for the limited carry of switchblades and possession of them for these uses ( use to say gravity knives there too). I don't see where you are reading automatic knives being illegal?
     
  4. wintermute

    wintermute Gold Member Gold Member

    Oct 18, 2007
    Huh, look at that, "automatic knife" is another almost completely superfluous definition! The only mention I could find of it is in 265.20.d as it pertains to museums. I just assumed it fall under some category of illegal possession. Thank you!
     
    tom19176 likes this.
  5. tom19176

    tom19176 Gold Member Gold Member

    Dec 7, 2005
    The entire definition of "automatic knives" was made up so a museum could legally display knives made in NYS years ago. A local Sheriff had made them removed their collection on display. The exemption was added with the new term automatic knife for the purpose allow the displays to continue.
     
  6. Knife_Collector_101

    Knife_Collector_101

    86
    Sep 21, 2018
    I remember that issue with the museum displaying the old Camillus autos that were originally made in NY. At the time, I believe the museum was actually ordered in court to take the springs out of the knives.

    As far as the fishing and hunting license exception to the auto knife law, does that allow someone with such a license in NY to buy an auto in a store while presenting their license? I saw an old YouTube video of a guy living in the Hudson Valley with a Benchmade Mel Pardue auto that he said he bought at an outdoors shop years ago. He said when he presented his license they sold it to him. Yet I’ve found some knife shops in New York that say they’ll only sell autos to law enforcement and military personnel and make no mention of the fishing license exception. There seem to be a lot of conflicting legal opinions on the matter. What are your thoughts, tom19176?
     
    tom19176 likes this.
  7. tom19176

    tom19176 Gold Member Gold Member

    Dec 7, 2005
    The seller is not allowed to sell to anyone other than law enforcement and military. I too have heard of sellers saying they would sell to someone with the fishing/hunting/trapping license. That is not a legal sale. I can only think a seller may feel once the sale is complete the new owner has qualified legal possession of the knife, but the transaction itself is still a violation.
     
  8. Knife_Collector_101

    Knife_Collector_101

    86
    Sep 21, 2018
    So, technically, the only 100% legal way a NY resident with a fishing/hunting/trapping license could obtain an auto would be to travel next door to a state like Vermont, Massachusetts or Connecticut and physically transport it with them back to their residence by car (I assume with the knife locked securely in the trunk and license present in vehicle). That would obviously be the only option if sellers in the state are prohibited from selling to civilians and, of course, federal law makes selling autos by mail order across state lines a crime.
     
    tom19176 likes this.
  9. Man with no name

    Man with no name

    Jun 24, 2015
    If I didn't know any better I would say that the laws are intended to make things so difficult that most people won't even bother!
     
    Knife_Collector_101 likes this.
  10. tom19176

    tom19176 Gold Member Gold Member

    Dec 7, 2005
    You better have fishing equipment in the car too!!! The exception implies you are going to and from those activities.....
     
    Knife_Collector_101 likes this.

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