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Troy
Lv 5
Troy asked in Politics & GovernmentLaw & Ethics · 10 years ago

New York legal pocket knife regulations?

I am 14 and am a guy. Quite often random people screw with eachother, and screw with me. They will say some pretty mean stuff and I am afraid one day somebody may want to hurt me physically. I was wondering about getting a pocket knife, what length and if I could have one?

2 Answers

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  • Anonymous
    10 years ago
    Favorite Answer

    Here are the knife laws.}{

    New York - Penal Law Section 265.01. 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"; or

    (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,

    imitation pistol, or any other dangerous or deadly instrument or weapon

    with intent to use the same unlawfully against another; or

    (5) He possesses any dangerous or deadly weapon and is not a

    citizen of the United States...

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

    misdemeanor.

    - Section 265.00 Definitions...

    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.

    5. "Gravity knife" means any

    knife has blade which is released from the handle or

    sheath thereof by the force of gravity of the application

    of centrifugal force which, when released, is locked in

    place by means of a button, spring, lever, or other

    device. [Note: In NYC, and potentially in other NY

    jurisdictions, this definition is construed to apply to

    ANY folding knife with a blade that locks open. ]

    5-a. "Pilum ballistic knife" means any knife which

    has a blade which can be projected from the handle by hand

    pressure applied to a button, lever, spring or other

    device in the handle of the knife.

    5-b. "Metal knuckle knife"

    means a weapon that, when closed, cannot function as a set of

    metal knuckles, nor as a knife and when open, can function as

    both a set of metal knuckles as well as a knife.

    - 265.04. It shall be unlawful for any person under the age

    of sixteen to possess any... dangerous knife... A person

    who violates the provisions of this section shall be

    adjudged a juvenile delinquent. [Found unconstitutionally

    vague by Superior Court, 1982; finding reversed by Court

    of Appeals, 1983]

    - Section 265.10... 1. Any person who manufactures or causes

    to be manufactured... any switchblade knife, gravity

    knife, pilum ballistic knife... is guilty of a class A

    misdemeanor... 4. Any person who disposes of any of

    the weapons, instruments or appliances specified in

    subdivision one of section 265.01, except a firearm, is

    guilty of a class A misdemeanor, and he is guilty of a

    class D felony if he has been previously convicted of any

    crime.

    - Section 265.15 Presumption of possession, unlawful intent,

    and defacement... 2. The presence

    in any stolen vehicle of any weapon... specified in

    sections 265.01... is presumptive evidence of its

    possession by all persons occupying such vehicle... 3. The

    presence in an automobile, other than a stolen one or a

    public omnibus, of any firearm... gravity knife,

    switchblade knife... is presumptive evidence of its

    possession by all persons occupying such vehicle...

    except... (a) if such weapon... is found upon the person

    of one of the occupants therein; b) is such weapon... is

    found in an automobile which is being operated for hire by

    a duly licensed driver... then such presumption shall not

    apply to the driver...

    4... The possession by any person of any dagger, dirk,

    stiletto, dangerous knife or any other weapon, instrument,

    appliance or substance designed, made or adapted for use

    primarily as a weapon, is presumptive evidence of intent

    to use the same unlawfully against another.

  • Anonymous
    5 years ago

    Received from: Office of the Queens District Attorney of Queens County Queens criminal Courts Building 125-01 Queens Blvd. Kew Gardens NY 11415 Cover letter: As per your request the law strictly prohibits a person from carrying any type of knife with a blade of 4" or over (Four) in length. Enclosed is a copy (highlighted) of the statute. Signed: Mary A. Moris A.D.A Chap. 1 Public Safety 10-133 Historical Note: Formerly 436-5.1 10-133 Possession of knives or instruments. A. Legislative findings. It is hereby declared and found that 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 suck knife for a lawful purpose as set forth in subdivision d of this section. D. The provisions of subdivisions b and c of this sections shall not apply to (1) persons in the military service on the state of New York when duly authorized to carry or display knives pursuant to regulations issued by the chief of stall 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 on the military or other service of the United States, in pursuit of official duty authorized by federal law; or (5) any person displaying or in possession of a knife otherwise in violation of this section when such a 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 suck knife or (c) is being transported directly to or from a place of purchase 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 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.

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