Legality of Switchblade (Auto) knives in NY?

[EngineerGuy]

What's the legality of Switchblade (also known as Auto) knives in NY?

From the Penal Code, it sounds like they're illegal but then there's an exemption to legally use them if you're hunting, fishing, or trapping...

INCOMING WALL OF PENAL CODE TEXT!

§ 265.00 Definitions.
As used in this article and in article four hundred, the following
terms shall mean and include:
4. "Switchblade knife" means any knife which has a blade which opens
automatically by hand pressure applied to a button, spring or other
device in the handle of the knife.

§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He possesses any firearm, electronic dart gun, electronic stun
gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles,
chuka stick, sand bag, sandclub, wrist-brace type slingshot or
slungshot, shirken or "Kung Fu star";

Criminal possession of a weapon in the fourth degree is a class A
misdemeanor.

§ 265.10 Manufacture, transport, disposition and defacement of weapons
and dangerous instruments and appliances.
* 1. ...Any person who manufactures
or causes to be manufactured any switchblade knife, gravity knife, pilum
ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, metal
knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is
guilty of a class A misdemeanor.

* 2. ...Any person who transports or
ships as merchandise any firearm, other than an assault weapon,
switchblade knife, gravity knife, pilum ballistic knife, billy,
blackjack, bludgeon, metal knuckles, Kung Fu star, chuka stick, sandbag
or slungshot is guilty of a class A misdemeanor.

§ 265.20 Exemptions.
a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11,
265.12, 265.13, 265.15 and 270.05 shall not apply to:
6. Possession of a switchblade or gravity knife for use while hunting,
trapping or fishing by a person carrying a valid license issued to him
pursuant to section 11-0713 of the environmental conservation law.

Section 11-0713 of the environmental conservation law is all about how to issue hunting licenses.

So if you can use them while hunting, how would you go about owning one to use for hunting, or am I missing something?

[NorwichCadet]

i friend does NYPD transit. He stops a lot of ppl for having an exposed knife..like having it on the inside of the pocket but havig the clip exposed outside. The rule of thumb as he told me if he could flick it open with one hand it's consider a switch blade or whatever?? And it's up to the officer whether he's going to do anything about it. My friend said if the person uses it for work they usually don't care. But once the person says for self protection they are done

[NYCTNT]

It is Criminal Possession of a Weapon 4*.

If you say its for self-defense or anything other than a valid reason, you will be making me some overtime.

As noted, if I can flick the knive with one hand, and without using any help of opening it, you will be placed under arrest. It does NOT matter HOW hard I flick it. A cop can use every ounce of his muscle to flick it, once it does, sorry.

Do not think a gravity knife means a knife that opens when turned upside down.

Not for nothing but, there is not good that can come out of owning a switchblade knife. It is really pointless and gets old quick.

Stick to the old school fishing knives with the wood handle.

Just a FYI, a DAGGER is a knife that has a double edge. It can be any sized dagger, so do not think its a ninja turtle type of contraption. In other words, do not buy a dagger either as it is very illegal as well, no matter how cool they look.

[zeroryde]

who carries a valid hunting license that has a switchblade... come on... real hunters don't use switchblades.

[wpaterno]

switchblade = collar Carrying a knife longer than 4 inches or in public view is only a NYC thing.

[tactical208]

one word................ILLEGAL..................end of story

[Mrfunkygenius]

It is Criminal Possession of a Weapon 4*.

If you say its for self-defense or anything other than a valid reason, you will be making me some overtime.

As noted, if I can flick the knive with one hand, and without using any help of opening it, you will be placed under arrest. It does NOT matter HOW hard I flick it. A cop can use every ounce of his muscle to flick it, once it does, sorry.

Do not think a gravity knife means a knife that opens when turned upside down.

Not for nothing but, there is not good that can come out of owning a switchblade knife. It is really pointless and gets old quick.

Stick to the old school fishing knives with the wood handle.

Just a FYI, a DAGGER is a knife that has a double edge. It can be any sized dagger, so do not think its a ninja turtle type of contraption. In other words, do not buy a dagger either as it is very illegal as well, no matter how cool they look.

Personally, do you think self-defense is a valid reason?

[PTLovesMe81]

Most of the people who say "self defense" or "protection" as a reason have "robbery" or "assault" convictions on their records as well, at least in my limited experience so far.

[ItIsWhatItIs73]

unless u are trained, carrying a knife for self defense is retarted

[kxl77]

Might as well ask, I sometimes have a folder type knife in my pocket, with the clip exposed. I have it since I always find a use for it (ie fixing/cutting something). Just wondering if that would be a problem... btw, I'm a recruit.

[EngineerGuy]

one word................ILLEGAL..................end of story

...But § 265.20.a.6 specifically states an exemption for switchblades or gravity knives when engaged in hunting, trapping, or fishing with a valid hunting/trapping/fishing license.

[Dinosaur32]

Key word is engaged........if you are not actually "engaged" excellent chance you're a collar.....not much hunting, fishing or trapping going on in NYC or other large cities in NY. Don't come to a Courthouse with your switchblade even if you have your license with you.

[tactical208]

6. Possession of a switchblade or gravity knife for use while hunting,
trapping or fishing by a person carrying a valid license issued to him
pursuant to section 11-0713 of the environmental conservation law

Actually it doesn't say "engaged", it states "While", almost the same thing, but you best be hunting, fishing or trapping when I stop you, otherwise your busted, and you must be carrying you hunting license with you, if not..............your busted.

I have never come across anyone with a switchblade or a gravity knife while hunting, trapping or fishing. It's just not the proper tool to have with these activities, unless you just want to be a bonehead.

So why are you beating this dead horse again ?

[tactical208]

And by the way, butterfly knives are not considered gravity knives in New York State.

[EngineerGuy]

So why are you beating this dead horse again ?

I'm just saying that it isn't 100% illegal in NY... Also, I'm in upstate NY, there's a whole lot more wilderness up here then down there in NYC :D

I personally have an unrestricted pistol permit, so I'm usually carrying concealed when I'm outside the house, so the whole auto knife thing would be more a novelty than anything else.

[PTLovesMe81]

Might as well ask, I sometimes have a folder type knife in my pocket, with the clip exposed. I have it since I always find a use for it (ie fixing/cutting something). Just wondering if that would be a problem... btw, I'm a recruit.

Well with the clip exposed you would be committing the NYC Admin Code violation of "Knife in Public View."

Good thing for you, technically since you are a recruit, you are considered a police officer and police officers are exempt from that section of the admin code :)

[Mrfunkygenius]

Most of the people who say "self defense" or "protection" as a reason have "robbery" or "assault" convictions on their records as well, at least in my limited experience so far.


That's because your targeting people who you are expecting of doing something wrong. I bet if you stop and frisked indiscriminately you will come across individuals, with no convictions, carrying weapons.

[VACOP1]

Not only that but it is one of the nine weapons NY considers a DEADLY WEAPON

12. "Deadly weapon" means 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, or metal knuckles.

[JohnieBK]

Don't forget that Police Officers, Peace Officers and members of the military (on official duty) are allowed to own any and all of the Deadly Weapons and other weapons as defined in the PL. YEY!!!!!!!!!

(This includes electronic dart guns, electronic stun guns, gravity knifes, switchblade knifes, pilum ballistic knifes, metal
knuckle knifes, cane swords, billys, blackjacks, metal knuckles,
chuka sticks, sand bags, sandclubs, wrist-brace type slingshot or
slungshot, shirkens etc...............)

[NYCTNT]

Well, wadda ya know...

As luck would have it, I collared a guy last night for CPW of a switchblade knife.

Tisk tisk.. he must have read some of your guys posts and thought it was ok to have it.

[Mrfunkygenius]

Well, wadda ya know...

As luck would have it, I collared a guy last night for CPW of a switchblade knife.

Tisk tisk.. he must have read some of your guys posts and thought it was ok to have it.

I hope it wasnt a liberty abiding citizen.

[PTLovesMe81]

Well, wadda ya know...

As luck would have it, I collared a guy last night for CPW of a switchblade knife.

Tisk tisk.. he must have read some of your guys posts and thought it was ok to have it.

Ding ding ding!!!! Keep telling everoyne its legal guys, I got my second CPW4 collar in as many months the other day as well!

[NYSJAILER2008]

Ding ding ding!!!! Keep telling everoyne its legal guys, I got my second CPW4 collar in as many months the other day as well!
You guys @ The NYPD keep up the good work. You keep on collaring them becasue we have vacancies and this is great job security in this terrible economic times :D :cool: :) ;)