Laws Regarding Carrying Knives in New York
Because New York, like most states, recognizes that knives are useful tools and can be used with no criminal or malicious intent, the law focuses on the intended use of the instrument rather than the instrument itself.
New York penal law sets out specific restrictions that are relevant to the Knife Rights foundation recommendation on this issue.
Most notably, New York penal law section 265.01 forbids any person from possessing a gravity knife or switch blade knife. A gravity knife is defined as a knife that has a blade that is released from the handle or sheath thereof by the force of gravity, or by the application of centrifugal force, and which, when released, is locked into place by means of a blade that automatically folds or retracts upon elimination of the force causing the blade to move from its closed position. A switchblade knife is defined as a knife that has a blade that opens automatically by hand pressure applied to the blade, the handle, or another part of the knife. Both violations of these laws are felony offenses.
Knives that do not fit the above definitions are still subject to the New York City Administrative Code which treats all knives of any kind in the same manner as firearms. Under the law , it is a Class B misdemeanor to possess any knife "in any public place or in any place open to the public" if the knife has a blade of four inches or more. While it is not illegal to own a knife with a blade greater than four inches, knives that violate this law are not allowed to be carried outside of the owner’s home, business or other private property. It is also important to note that New York City does not honor any out of state permits or licenses. Violation of this provision carries a fine of up to $1,000 and, in addition, an order of protection barring the defendant from possessing a knife from the date of the conviction.
As a result of these regulations, many NYPD officers will plead ignorance when confronted with knife issues. This ignorance will often lead to some form of confiscation of an individual’s knife. However, if you find yourself on the receiving end of a confiscation, you must remember that you have the right to respectfully ask for a supervisor. From that point on, you should politely indicate that you disagree with the action. If the officer refuses to return your property, you must comply, although it is best to ask for a ticket at that moment. You can always tell a judge how you were treated by the officer. This is the best way to follow up if your knife is not returned.
Permissible Blade Length in New York
To qualify as a legally permissible knife in New York, a folding knife must have a blade length of less than four inches (4″). For a fixed blade or utility knife, the blade must be less than four inches (4″) long and the handle must be connected to the blade and have an overall length with the blade of less than twelve inches (12″). For butterfly knives or "balisongs," the handle must be approximately four finger widths in length (which is about seven inches (7″)). For switch blades, the blade must have a blade length of less than four inches (4″). The legality of knives that otherwise satisfy the above lengths requirements that have pointed or sharp tips is unclear. On the one hand, the law is very specific regarding the length of only cutting edge of a knife for violation of section 265.01(1), which outlaws all types of knives, unless the knife is a legally permissible "utility knife." On the other, the New York Court of Appeals has ruled that possession of a switch knife with a blade that was not specifically sheathed in or included in its designed sheath is a violation of section 265.01(1), based on the dual concepts that the "undue" necessity to carry the knife in its designed sheath demonstrated the knife’s dangerous utility and that the statute’s dangerous instrument definition (subsection 10) did not limit the weapons it banned to knives whose cutting edge was greater than four inches in length. The Knife Up report of the 2010-2011 NYS legislative session notes that Senator John Flanagan has accused knife rights advocates of lying about the limits imposed under the statute. See S3501 (Flanagan) and S7819 (Hann) (identical twin bills that "correct and conform" the NYS Penal Law and remove all knife category limitations and usage prohibitions). Senator Flanagan was the only individual to oppose the bill in the committee process; his written opposition can be found here. Senator Flanagan’s press release states, "In New York State we have a clear law when it comes to switchblade knives: they are illegal." While that may be the case, the actual text of the law, as amended by the recent Knife Up report, as well as the 1995 Court of Appeals decision upon which he relies in his press release, absolutely does not mention or limit "illegal" knives to switch blades.
Possible Exemptions
Although these regulations seem to say that all knives are illegal in New York, there are actually many exceptions to these rules. For example, in New York City, a fixed-blade knife with a blade under 4 inches is permitted in certain circumstances. Some professions carry certain weapons as part of their jobs. These professions are not typically hiring a person who has been convicted of a felony. Therefore, the government often makes exceptions for these professionals to carry certain knives as they perform their job duties. Examples of this include members of the armed forces, transportation security workers, chefs and other food service workers, and, of course, law enforcement and military personnel.
Penalties for Breaching Knife Length Regulations
While the law itself is vague, courts have found that people do not need to have actual physical possession of a weapon in New York, simply possessing or exercising control over a knife can constitute illegal possession. Without guidance, New Yorkers are left to define some of these terms for themselves.
But just as purchasing and carrying a long knife can be legally ambiguous, so too can the consequences of doing so. Depending on the length of the knife and whether it is classified as a gravity knife, the penalties for carrying a knife could range from a fine to jail time. The Pace University Police Department and the NYPD have the authority to arrest individuals found in possession of an unlawful knife or sword . The NYC Health Department adds that, "Police may ask you to open up your bag or coat if they suspect you are carrying a weapon.”
Brands can also independently enforce knife-free zones. Under a 2015 policy, the Metropolitan Transportation Authority (MTA) has the right to ask knife carriers to leave their stations if they are carrying a knife with a blade longer than four inches. Those who refuse could be subject to arrest or summons for trespassing. Although the MTA policy states that the carriers should discard or surrender the knife to the police, it does not clarify the MTA’s position on what happens to the carrier after the knife is discarded. The carrier could still face arrest or criminal prosecution on the grounds of trespassing and/or illegal possession.
Lifestyle Suggestions for Acceptable Usage
Practical advice for compliance will often include carrying a tape measure with you, so that you may be prepared to physically measure any knives that might be subject to law enforcement’s subjective level of inspection and discretion. Although some officers are more aggressive than others, the law is sufficiently clear that many NYPD officers will no longer be issuing criminal summonses for violations of New York Penal Law § 265.01(1), (2), and (3) for possession of knives in general if any such knives are less than four inches in length. Accordingly, assuming consistent and proper enforcement of the new law, the practical rule of thumb for those who do not wish to be arrested, or otherwise issued a summons, is to be certain that any knife in your possession is less than four inches, from tip to edge of the handle. Further practical guidance includes the following:
- Use a non-serrated blade, as only illegal knives include serrated edges. Also, less aggressive blades will be more readily accepted by law enforcement.
- Always keep your knife in the open and in your view while in public, so that it does not suggest the desired capacity to kill or injure a human being.
- Choose knife types most commonly used by professional chefs, such as a paring knife, which is defined as a small knife ideal for peeling.
- Always transport a knife in a tool belt, or closed in a toolbox or carrying case.
- Never conceal a knife in or under any type of clothing.
- Refrain from using a knife in a threatening manner.
- Register the knife in your possession with local law enforcement, prior to any encounter.
- Notify your local police department of any stolen knife within 24 hours of the theft.
- Finally, don’t touch the knife when in the presence of law enforcement, unless expressly advised to do so.
Recent Amendments in the Knife Law
With the ever-evolving landscape of weaponry legislation, it’s crucial to stay informed about the current laws in your jurisdiction. In recent years, New York has seen some interesting changes in its knife laws. For example, a bill was recently introduced in the New York State Assembly that would modify the state’s definition of gravity knives and folding knives. The proposed legislation seeks to clarify that a gravity knife is "a knife that has a blade that opens or is released from the handle or sheath provided by a flick of the wrist," while a folding knife is "a knife that has a blade that folds, or in which the blade is otherwise carried in concealed position over the length of the blade . " This bill, if passed, could have a significant impact on the legal interpretation of these weapons within the state.
As a knife owner, it’s important to be familiar with any new proposals or changes that could affect not only yourself but the broader community of knife enthusiasts. Knowing what tools are considered legal can help you avoid potential issues with the law and inform purchasing decisions as well. As always, this does not constitute legal advice, and knife owners should always be aware of the current legislation within their respective jurisdictions.