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NYC knife laws and locking folders?

Discussion in 'Knife Laws' started by solman, Aug 12, 2019.

  1. solman

    solman Gold Member Gold Member

    110
    Nov 19, 2014
    I was wondering if NYC prohibits locking folder knives?
    I have tried using google to search for the answer but I cannot seem to find it. I believe they(NYC) recently struck down the gravity knife law but I noticed many will not sell a locking knife in NYC.
     
  2. Rich S

    Rich S

    Sep 23, 2005
    Yes, the new law is basically being ignored. If you are going into NYC, don't carry a knife to be on the safe side and not get a fine or spend the night in jail.
    Rich
     
  3. BenchCo Spydermade

    BenchCo Spydermade

    Feb 10, 2014
    Uep, NYC is infamous f0r laws that are non objectove and left to discretion. Probably the wprst knife laws in the US.
     
  4. fonedork

    fonedork Platinum Member Platinum Member

    Jul 7, 2011
    NYC doesn't exactly have a ban against folding knives with locking blades, it doesn't prohibit you from carrying them, but it does have a prohibition against selling them.

    The "gravity knife" ban was part of New York State law so it applied in NYC and outside of NYC as well, I heard they took "gravity knife" off the list of prohibited dangerous weapons this year. So anyway, the gravity knife thing where the police would take a locking folder and use inertia to get the blade to open with a "wrist flick" and then nab you, that was all of NY state not just NYC. In practice, you can open pretty much any knife that way if you want to so it sort of amounted to a de facto ban on locking folders in New York.

    NYC, as distinguished from NY State, had and still has a prohibition against knives with blades 4" or more. And you have to conceal it. See bold below. Also, these blade length and carry restrictions are punishable as non-criminal violations, below the level of a misdemeanor.

    § 10-133 Possession of knives or instruments.
    a. Legislative findings. It is hereby declared and found that the possession in public places, streets and parks of the city, of large knives is a menace to the public health, peace, safety and welfare of the people of the city; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings and assaults of and upon the people of the city; that this condition encourages and fosters the commission of crimes, and contributes to juvenile delinquency, youth crime and gangsterism; that unless the possession or carrying in public places, streets and parks of the city of such knives without a lawful purpose is prohibited, there is danger of an increase in crimes of violence and other conditions detrimental to public peace, safety and welfare. It is further declared and found that the wearing or carrying of knives in open view in public places while such knives are not being used for a lawful purpose is unnecessary and threatening to the public and should be prohibited.
    b. It shall be unlawful for any person to carry on his or her person or have in such person's possession, in any public place, street, or park any knife which has a blade length of four inches or more.
    c. It shall be unlawful for any person in a public place, street or park, to wear outside of his or her clothing or carry in open view any knife with an exposed or unexposed blade unless such person is actually using such knife for a lawful purpose as set forth in subdivision d of this section.
    d. The provisions of subdivisions b and c of this section shall not apply to (1) persons in the military service of the state of New York when duly authorized to carry or display knives pursuant to regulations issued by the chief of staff to the governor; (2) police officers and peace officers as defined in the criminal procedure law; (3) participants in special events when authorized by the police commissioner; (4) persons in the military or other service of the United States, in pursuit of official duty authorized by federal law; (5) emergency medical technicians or voluntary or paid ambulance drivers while engaged in the performance of their duties; or (6) any person displaying or in possession of a knife otherwise in violation of this section when such knife (a) is being used for or transported immediately to or from a place where it is used for hunting, fishing, camping, hiking, picnicking or any employment, trade or occupation customarily requiring the use of such knife; or (b) is displayed or carried by a member of a theatrical group, drill team, military or para-military unit or veterans organization, to, from, or during a meeting, parade or other performance or practice for such event, which customarily requires the carrying of such knife; or (c) is being transported directly to or from a place of purchase, sharpening or repair, packaged in such a manner as not to allow easy access to such knife while it is transported; or (d) is displayed or carried by a duly enrolled member of the Boy or Girl Scouts of America or a similar organization or society and such display or possession is necessary to participate in the activities of such organization or society.
    e. Violation of this section shall be an offense punishable by a fine of not more than three hundred dollars or by imprisonment not exceeding fifteen days or by both such fine and imprisonment.

    EDIT:
    The next section does ban the SALE of locking folders within NYC, which probably explains the observed lack of locking folders offered for sale at stores within NYC. It is apparently a redundant prohibition though, because it only applies to knives with blades of 4" or more, which are already prohibited in the previous section. See bold.

    § 10-134 Prohibition on sale of certain knives.
    a. Legislative findings. It is hereby declared and found that the possession in public places, streets and parks of the city, of folding knives which lock upon opening, is a menace to the public health, peace, safety and welfare of the people of the city; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings and assaults of and upon the people of the city, that this condition encourages and fosters the commission of crimes, and contributes to juvenile delinquency, youth crime and gangsterism; that if this situation is not addressed, then there is a danger of an increase in crimes of violence, and other conditions detrimental to public peace, safety and welfare. It has been found that folding knives with a blade of four (4) inches or more that locks in an open position are designed and used almost exclusively for the purpose of stabbing or the threat thereof. Therefore for the safety of the city, such weapons should be prohibited from sale within the jurisdiction of the city of New York.
    b. It shall be unlawful for any person to sell, or offer for sale within the jurisdiction of the city of New York, any folding knife with a blade length of four or more inches which is so constructed that when it is opened it is locked in an open position and cannot be closed without depressing or moving a release mechanism.
     
    Last edited: Aug 13, 2019
    Man with no name and JustaNick like this.
  5. ChrisLee

    ChrisLee Gold Member Gold Member

    116
    May 26, 2013
    ....gangsterism....
     
  6. Legendary_Jarl

    Legendary_Jarl

    462
    Feb 8, 2010
    So is NYC pretty much like the UK then?

    I heard there is a ridiculous law that states only U.S. citizens can own knives in NYC.
     
  7. That last one only prohibits the sale of locking folders with blades 4 inches or longer. A 3” locking folder wouldn’t be affected by that ordinance.
     
  8. fonedork

    fonedork Platinum Member Platinum Member

    Jul 7, 2011
    That's true.
     
  9. solman

    solman Gold Member Gold Member

    110
    Nov 19, 2014
    Fonedork thanks for the post. Helps to clarify tings a it
     
    Man with no name and fonedork like this.
  10. Natlek

    Natlek

    Jun 9, 2015
    What a BS !!!! IF I want weapon I'll buy set screwdriver in first store I can see around me ! Knives are only tool in whole history of mankind that can t be replaced with anything else .And probably we we still hanging on trees if we don t invented it............
     
  11. SW-EDC

    SW-EDC Platinum Member Platinum Member

    Dec 4, 2015
    Left wing ideology for you.
     
  12. tom19176

    tom19176 Gold Member Gold Member

    Dec 7, 2005
    fonedork your postings are mostly correct. CPW 4 (NYS PL 265.04) is a class A misd not a felony. It only moves up to a felony when you have been convicted of a crime in the past and it then can become CPW # ( NYS PL 265.03)

    The State law on gravity knives only changed a few months ago, thanks to KnifeRights. There is still a MTA Transit law banning them on the NYC Subway system.
     
    fonedork likes this.
  13. Man with no name

    Man with no name

    931
    Jun 24, 2015
    [QUOTE="fonedork, post: 19195517, member: 300195"

    NYC, as distinguished from NY State, had and still has a prohibition against knives with blades 4" or more. And you have to conceal it. See bold below. Also, these blade length and carry restrictions are punishable as non-criminal violations, below the level of a misdemeanor.

    [/QUOTE]

    An infraction?
     
  14. fonedork

    fonedork Platinum Member Platinum Member

    Jul 7, 2011
    That's true too, thanks. I'm gonna edit my post.

    Yeah infraction, violation, it's not a crime
     
    Last edited: Aug 13, 2019
    tom19176 likes this.

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