It is generally accepted in New York that the presence of a firearm in an automobile, with a few exceptions, is presumed to be evidence of its illegal possession by all occupants of the vehicle. Section 265.15 (3) of the New York State Penal Code states: “The presence of a firearm, a disfigured firearm, a silencer, a bomb, a bomb, a gravimeter, a blade knife, a dagger, a dagger or a sunghot in any automobile, other than a stolen vehicle or a public bus, is presumed proof of possession of such a vehicle by all persons who possess such a vehicle at the time the weapon is taken. the instrument or device is found… (emphasis added) Exceptions include weapons found in a rented vehicle – the weapon would not apply to the driver – and those with a licence to hide transport. [iii] Does the 4-inch restriction apply to the whole blade or knife? The glaring problem with the New York rule on circumstances of possession, as it stands in Matter of Jamie D., is that it allows an “ordinary utility knife” belonging to an individual to be “considered” dangerous due to undefined circumstances. The result is a hybrid crime in which an “ordinary utility knife, unchanged or not designed as a weapon,” becomes a dangerous knife if the knife is not used at all due to circumstances that do not otherwise constitute a crime. Disclaimer: We are not lawyers. The following is not legal advice. We have studied the laws of each state to the best of our ability, but the laws are complex and constantly changing. This is not an exhaustive study. Instead, it is supposed to be a general reference. I`m sure since you wrote this question in 2016, your business is over. I would like to know how your case ends. I`m a retired New York police officer and since the knife was less than 4 inches long, it wasn`t allowed to lock you up ULESS, it was a switch blade or gravity knife.
Size only matters if everything else is legal. For future references NEVER LET ANY PART OF THE KNIFE APPEAR, INCLUDING THE CLIP! Members of the knife community would describe the knife in question as an assisted opener. Such knives have been available in New York State for more than a decade, but the state has not adopted the “pro-closure bias” exception that was at the heart of the 2009 amendment to the federal Switchblade Act. The New York Court of Appeals had the opportunity to make a statement to the citizens of New York, which it then ignored. The Berrezueta case suggests that folding knives should be avoided in New York. Is a Gerber 112 wave knife carried in the vagina illegal to carry with you? Are tanto knives that have a blade length of 3 inches or less legal in New York? NY is very difficult with its self-defense laws regarding what you can carry, but I find knife laws quite permissive when it comes to a self-defense blade. As a trained martial artist, I`ve found butterfly knives with a completely disabled locking mechanism to be one of the best tools for my self-defense style, as they allow me to adjust the handle more easily at the moment, and you don`t need a long blade to fend off an attacker. I carried open legal blades through New York City several times when I was younger and more inclined to explore dangerous parts of the city, and successfully defended myself against theft attempts (or worse, who knows?) through a skillful app.
Some knives are not illegal, but become illegal depending on how they are used or possessed. The possession of a dagger, dirk, stiletto, machete, dangerous knife or razor by a person with the intention of using it illegally against another person is not allowed. In most states, it is legal to carry a knife. However, there are some exceptions. For example, in California, it is illegal to carry a knife with a blade larger than 2 1/2 inches. In addition, it is illegal in New York to carry any type of knife on school grounds. Massachusetts law is confused about what is considered a dangerous weapon. The manufacture or sale of dirks, switch blades, automatic spring release knives, ballistic knives or knives with a device for pulling a locking blade in the open position is illegal.
You can buy them in different states, except Massachusetts. If you are stopped and arrested on the way home from such a different state with one of these knives in your possession, you could be in serious legal trouble. Bringing knives into schools or school-related events is illegal. Local laws may apply. I`m pretty sure the kid at Hibachi restaurant is an American citizen. I saw him own a knife before you could legally own an automatic knife with a valid hunting or fishing license in New York State. In addition, if you are harassed and it happens to go to court, you can prove that you do not intend to use it intentionally against another person, the case will be dismissed. Persons under the age of sixteen (16) cannot possess a “dangerous knife”.
For the sake of brevity throughout the article, understand that typically a Balisong and a butterfly knife are considered the same thing. Camouflaged knives usually refer to knives hidden in belt buckles, pens, lipstick cases, sticks, etc. I`ve found that what is defined as a switch blade or dagger can have an incredibly wide range of meanings, so that`s something to be aware of.