Overview of NYC Knife Laws
The concept of what constitutes a knife in NYC has long faced a confusing legislative history, with some of the most important pieces of legislation including the 1958 Article 265.00 Section 5, and 1958 subdivision 6 of section 265.01 of the New York Penal Law. More recently, in 2017, the law was amended (with changes taking effect in January of 2019). A knife is defined under the current Article 265.00 Section 5 as "any daggers, dirks, stiletto knives, dangerous knives, gravity knives, switchblade knives, disguised knives, ballistic knives, sanctuary knives or pilum ballistic knives, razor blades and box cutters" with the following additions: "Gravity Knife" means any knife that has a blade that is released from the handle or sheath by: acceleration of the blade caused by the force of gravity, inertial weight, or both, or a mechanism that releases the blade or locks the blade into place when the blade is pressed against an object outside of the knife . "Disguised Knife" means any knife that resembles any other object not commonly thought of or primarily used as a weapon. "Ballistic Knife" means any knife with a detachable blade that propelled by a coil spring or any other means. "Sanctuary Knife" means a knife described in section 839 of the United States National Defense Authorization Act for Fiscal Year 1988. "Pilum Ballistic Knife" means any knife closely associated with the design of the pilum weapons of the ancient Roman Legion. Other similar weapons are also included under the law’s broadened definition of a ‘dagger’ and ‘dirk’ as per the amended article 265.00 Section 5. With the expanded laws in New York City, gravity knives, switchblade knives, folding knives and "any knife with a blade that can be released from the handle by action of the handle" are prohibited. Conversely, "a utility knife or similar device that incorporates a blade designed to retract into the handle when not in use" is allowed.
Types of Allowable Knives
Certain knives are legal to carry in New York City. What is the difference between a legal knife in NYC and an illegal one? Basically, if a knife opens with a button, a switch, or a mechanical device, it’s illegal to carry in New York City. Knives that open with a flick of the wrist are completely legal — this includes folding knives, automatic spring knife blades and some straight blades as well. But it must be done by hand. Not by mechanical devices. Here’s a list of legal knives in New York City: A good general rule of thumb to remember is this: Practical knives are legal in New York City. The range of 3.5 inches is the same for all blades — which means that you can also carry a machete that’s only 3.5 inches long. Now that you know the types of legal knives in NYC, here are some examples. What we’re not going to get into here are examples of illegal knives as they should be relatively self-explanatory. Just don’t carry them (and yes, we’re talking about gravity knives and switch knives as well) Practical Knife: A foldable folding knives, such as a multitool, Army knife or even a nail clippers. Pocket Knife: A hand-held, one-handed device that opens only when the user operates it (flicking the wrist, for example). Butterfly Knife: Could be an interesting one and come into question for a police officer checking your bag as you joker Bowie Knife: A large, fixed-blade knife, usually around the 12-inch range. Only the blade itself has to be less than 4 inches in NYC. Butterfly knives, daggers, dirks, stiletto, shuriken, "Kris", Balisong — all of these "lethal weapons" must be under 4 inches in length. Meanwhile, brass knuckles? Illegal. In fact, when we discussed the 4- and 5-figure fines for these — we may have implied that it’s prohibited to even have one in NYC.
Banned Knives and Restrictions
Understanding what is illegal or restricted when it comes to knives can be confusing and if you live in New York City one of the most important things to consider when looking at your blade options is the fact that certain knives are flat out illegal to own or carry. These knives include daggers, dirks, stiletto knives, and stilettos. Knives with blades at least four inches long are also illegal to carry outside the home unless they happen to fall into the other categories (dirks, daggers, or stilettos). Additionally any knife designed to be thrown is prohibited inside the parks, unless you have a special permit from the park service. So unless you are sure your knife will fall into one of the categories above, it is always best to play it safe and leave any knives you might be carrying at home.
Penalties for Knife Law Violations
Violating knife laws in NYC can result in a wide range of penalties, depending on the nature of the violation. Unlike most other states, the New York City Administrative Code carries a few penalties when it comes to knives. This is in addition to potential criminal charges, which may or may not apply based upon the specific violation.
In terms of Fines and Penalties:
- Carrying an illegal knife or sword in a public place can lead to a fine of between $1,000 and $5,000, depending on the circumstances.
- If you use a knife during the performance of illicit activity, you face a fine of up to $50,000. That substantially high fine is designed to dissuade would-be criminals from using weapons in their illicit endeavors.
- When using a knife or a sword during the performance of illicit activities , you can also face incarceration. A penalty of up to 1 year of incarceration comes part and parcel with your illicit activities. Incarceration and fines are sometimes levied separately, though they can also be combined for significant penalties. The more often you violate these regulations, the more likely the courts are to combine penalties.
- Finally, carrying a knife of any kind without a permit or in a way that is deemed illegal can net you a fine of up to $50,000. Again, significant penalties are reserved for more serious offenses, but the city does have protective measures in place to deter the assault and abuse of NYC weaponry law. If you know how to analyze the laws, both as they are described and as they apply to your own unique situation, you will never find yourself facing them.
Penalties for Carrying Knives
When navigating knife restrictions in NYC, there are several best practices to keep in mind to ensure that one remains within the law. First and foremost, all New York City residents and visitors should carefully check the laws concerning knives in their specific locations, as local ordinances may have specific requirements that differ from state laws. Below, we will provide you with a summary of the most important guidelines for safely and legally carrying knives in New York City.
Blade Length
As noted above, while knives with blades over four inches are considered dangerous instruments, they are not classified as "gravity knives." As such, while it is important to stay below the four inch threshold for blades in general, "gravity knives" are only defined as those that "has a blade which is released by a push button, flip of the wrist or pressure on the handgrip and is opened by the force of gravity. 38 RCNY § 5-26. a (1) (v)." More simply put, the Division of Administrative Hearings has written that knives imported into New York City must not be "’gravity knives’ like the ones Japanese samurai used to carry, that also double as a sword stick or cane."
It is highly recommended that individuals check to be sure that any knife they carry or possess while within New York City has a blade length of under four inches and does not meet the definition of "gravity knives" detailed above.
Safe Storage
If you must travel with a knife that has a blade length longer than four inches, it must be stored in a manner that demonstrates it is not meant for use as a weapon – like in a knife block or a locked container. Anything short of this may lead to suspicion by local authorities that an individual carries such a knife with the intent to use it to inflict harm on others.
Use Caution
Finally, no matter how you store or display a large knife or "gravity knife," always exercise caution when traveling to and from New York City and when storing your knife in public spaces. By avoiding such activities as: displaying your knife to others or using it in public (unless one is sure that no one will mistake your intentions), one can better protect themselves from the oft-misunderstood knife laws in New York City.
Use of Knives for Self-Defense
When a weapons possession or other knife charge is brought in New York City, the question may not be whether you are guilty or whether you committed the act, but whether what you did was legal under the circumstances. One of the most important legal defenses in these cases can be the "self-defense" argument. In NYC weapons charges, there are three major self-defense-related exceptions and defenses that may come into play.
First, New York Penal Law 10.00(1) provides that criminal & gun possession statutes do not apply to the use of force against another person, "unless: … 10. Use of Force Justifiable. The use of physical force by … (a) a person who reasonably believes such other person to be about to use deadly physical force … is justifiable to the extent that he reasonably believes the amount of force he uses is necessary to avert the impending use of deadly physical force" including to protect yourself (NYPL 35.15), others (NYPL 35.20), and property (NYPL 35.27). A "reasonable belief" here would include the belief that you must use your knife to defend yourself against attack and the law allows deadly force, but the belief must be reasonable.
Second, self-defense of the home is covered under NYPL 35.20(1), which provides, in part, that "A person may, subject to the provisions of subdivision two, use physical force, including deadly physical force, upon another person when and to the extent he reasonably believes the other person is committing or attempting to commit a burglary, robbery, arson … in his dwelling: provided, however, that he may use deadly physical force … when he reasonably believes the other person is attempting to commit burglary of his dwelling at night . " In other words, if someone is about to break into your home, and you have a knife, this law allows you, under some circumstances, to defend the home the same as with a firearm.
Finally, New York Penal Law 35.05 provides that "[r]esistance to arrest or imminent arrest is not justified when: … (b) the arrest is made by a person whom he knows to be a peace officer acting in the discharge of his official duties." This law implies that, in some cases, the police are allowed to effectuate an arrest using force. If the police are attempting to make an arrest and you use a knife to resist, you may be charged with a crime. The ADA will argue that the officer was acting "in the discharge of his official duties" and you were, therefore, not allowed to resist or harass the arresting officer using a knife. The defense will argue that this law does not apply because the officer was not "acting in the discharge of" his duties.
This can be a gray area in the law depending on the circumstances. For example, if the arresting police officer physically touched you and you felt that you had to defend yourself, you might have the right to defend yourself with the use of a knife. This would be known as "self-defense" of another. On the other hand, you do not have the right to use a knife after you are cuffed.
If you feel that you have been charged with or arrested for any kind of weapons crime, you should talk to a NY weapons lawyer immediately. Weapons and gun charges carry harsh penalties in New York and New York City, so it is vital that you get an experienced attorney on your side.