An Overview of New York Knife Statutes
The laws governing knife possession and use in New York are multi-faceted and can be a source of confusion for many. These laws hinge on the type of knife you are carrying and the circumstances under which you are carrying them. Generally speaking, New York City adheres to very strict regulations for all types of knives, whereas Upstate New York bans only certain types of knives. In New York State as a whole, the determining factor for whether or not your knife is considered illegal is whether or not it is considered a "dangerous instrument."
Possessing a knife in New York City is a misdemeanor unless the owner is in his/her dwelling place or place of business. In almost all cases, the penalties for violating New York knife possession laws include a minimum fine of $100 , which may increase to $250 if you are using your knife for a second or subsequent offense within 18 months. There is a maximum imprisonment term of 1 year in jail, although most first-time violators are sentenced only to probation. Where additional legal problems exist, a judge may impose more substantial convictions.
The law also prohibits people from using knives in public places unless the blades are non-concealable. Any person caught throwing a knife in an objectionable manner is committing a misdemeanor, as is any person convicted of throwing or releasing a knife to another person. Any person convicted of buying, selling or distributing knives to people younger than the age of 16 is also committing a crime, as is any person who manufactures, transports, sells or possesses knife switches and "belt buckle knives."
What is the Maximum Allowed Knife Length in New York?
Across New York State, there are strict prohibitions concerning knives. These restrictions are written into law (General Municipal Law, Section 265) and also have been interpreted by New York courts.
New York law identifies specific types of dangerous knives and weapons that are completely illegal to carry or possess within the state, including:
- Switchblade knives
- Dagger knives
- Daggers
- Stilettos
- Throwing stars
- Knuckle knives
- Sword cane knives
- Cane knives
- Schivas knife sticks
- Blow darts
- "Any other dangerous knife"
Beyond these various categories of knives and weapons, New York law is clear that "'[k]nives with blades of any length’ are included in the statutory proscription against possession of a ‘dangerous knife.’" In other words, the length of the blade does not matter when it comes to legality; knives regardless of length are on the list of prohibited items.
Penalties for Carrying an Illegal Knife in New York
The penalties for illegal knife possession depend on the type or types of knife involved and the circumstances of the possession. If charged with illegal knife possession, it is important not only to hire an experienced NY knife lawyer but also to understand the penalties you are facing. Knife possession is covered by several legal sections of New York law, and each section lays out a different penalty. Sentencing depends in large part on which section of the law an individual is charged under.
The following are the most common penalties associated with illegal knife possession charges:
Penalties for Possession of a Gravity Knife, Switchblade Knife, or Pilum Ballistic Knife
Possession of a gravity knife, switchblade knife, or pilum ballistic knife is illegal. The punishment for this offense is a Class A misdemeanor. This carries a possible up to one year in jail and a $1,000 fine.
Penalties for Possession of a Sword Cane
Possession of a sword cane is a Class A misdemeanor in New York. As a Class A misdemeanor, possession of a sword cane carries a maximum penalty of one year in jail and a fine of up to $1,000.
Penalties for Possession of a Replica Weapon
Possession of a knife that is a replica weapon is also a Class A misdemeanor. This carries the same possible sentence as possession of a sword cane, one year in jail and a fine of up to $1,000.
Penalties for Possession of a Blackjack or Any Other Illegal Metal Knuckle Knife
Possession of a blackjack or any other illegal metal knuckle knife is a Class A misdemeanor in New York. Under the law, this means the same as the penalties described above, a maximum fine of $1,000 and a maximum of one year in jail.
Penalties for Possession of Stun Gun Device
The illegal possession of a stun gun device in New York is a Class A misdemeanor. This carries the same maximum fines and jail term as the above listed misdemeanors.
Exceptions to Illegal Knife Possession Penalties
An important note about the penalties for illegal knife possession: In most cases, a conviction for illegal knife possession will not automatically be sentenced to the maximum punishment provided by law. New York law provides a framework for the punishment of criminal offenses, which is established by how the crime is graded. For example, a Class A misdemeanor carries a possible penalty of up to one year in jail, but most individuals found guilty of a Class A misdemeanor do not get a year in jail, even if it is their first offense.
It is possible to receive a sentence less than the legal maximum even for felony violations. Accordingly, it is crucially important for those charged with illegal knife possession to have an experienced NY criminal attorney fighting their case. Not only can a good defense win your case, it can also help you to achieve a lesser sentence by persuading the judge that you deserve a suspended sentence or alternative sentencing, instead of a jail sentence. A suspended sentence is where a person remains free but may be re-sentenced if they violate any terms of the sentence or commit any crimes during the suspended sentence period. An alternative sentence is a sentence that involves, for example, probation, counseling, community service, or treatment, instead of jail time.
It is also important to note that under criminal law, sometimes individuals cannot be convicted for a crime even if they technically meet all the elements for that crime. For example, under New York Penal Law § 15.05, possession of a knife is not illegal when carried from one place to another. This can be a useful defense weapon for those who accidentally leave home with a knife that is otherwise legal under New York law. Similarly, possession of a knife is legal as long as the intent is not to use the knife unlawfully.
Knife Exceptions and Special Circumstances
Exception and Special Cases
The issue of knife length exceptions comes up in a variety of contexts and in many cases, courts choose to issue a detailed written opinion before and after charging the individual with criminal liability, as explained in context to PKS 265.01 (4). Typically, these exceptions to the PKS 265 classification are seen as affirmative defenses in most criminal settings. In this case, this means that the accused must mount a good faith showing that his or her use of the knife was allowed, and that this use did not violate any criminal statutes for possession of a weapon. Further, the exceptions have been codified in statute and do hold as clear, limiting provisions stating that knives can indeed be possessed, sold, transferred or transported for specific use purposes even if their length violates one of the existing laws. What is notable about these exceptions is that they can become a strong basis for a defense in many different legal proceedings. Furthermore, using an exception as the basis of a defense will generally involve following the four step test definition for affirmative defenses, as described in NYPL 25.00 (2).
New York Law on Knives Compared to Other States
When it comes to knife laws, New York is one of only two states that criminalize the possession of a dirk, dagger, or stiletto (the other being Michigan). Outside of these two states, there is no law in any other state against possessing a dirk, dagger, or stiletto unless it is concealed and/or intended for use in a criminal act. Like New York, Alabama has laws specifically banning a "pocketknife" with a blade longer than 3 inches. However, Alabama’s law "grandfathers" all pocketknives that were made prior to 1990, so a blade of any length may be legal to carry in Alabama so long as it was made prior to 1990.
Vermont and Alaska normally tend to be cited as the two states with the most permissive knife laws. However, Vermont defines a "dangerous knife" as one that has a blade of 3 inches or longer, whereas Alaska does not define dangerous knives and leaves this determination to sentence enhancement. Thus, unless a knife is proven to be a weapon , Alaska law would not apply with respect to knife length.
States such as New Jersey, New Mexico, and Texas have laws regulating the carry of knives in a manner very similar to New York, except that no exceptions are made for picnic knives, paring knives, hunting knives, and the like. As a result, knives such as those that can be found in an average American home could become illegal if carried outside of the home in these states.
Some states’ laws focus solely on the criminal purpose behind carrying a dirk, dagger, or stiletto as opposed to the weight of a blade. As a result, Connecticut and Utah don’t define the term dirk, dagger, or stiletto, but instead punish the criminal use of these weapons. Massachusetts traditionally prohibited the carry of a "dirk knife, dangerous knife, razor, stiletto, or any knife having a double-edged blade" with a length of "three and one-half inches or over", but recently revised its laws under G.L. c. 269, section 10 regarding knife possession and cutlery.
New York Knife Owner Advice
For a blade to be legal in New York, according to the statute, the blade cannot exceed 4 inches. Whether a knife is considered a knife or a deadly weapon can be confusing, so it’s important to know what you can and can’t have on you in New York.
The statute specifies how the knife blade should be measured and what types of knives have blades that cannot be longer than 4 inches. All knives are to be measured in a straight line from the tip of the blade to where it meets the hilt. Basically it would be the same as if you were tape measuring the blade.
Show below are the knives covering under NYC Administrative Code § 10-133:
· Butterfly Knives
· Flick Knives
· Darts
· Blow Guns
· Bilboes
· Stilettos
· Dirks (not allowed anywhere in NYC, even at home)
· Balisong knives
· Cane swords, and other knives that open by the force of gravity or centrifugal force.
If you have any sort of knife on you, it is a good idea to take a minute in the store to measure the blade of your potential purchase. In fact, the store might not even carry the knife due to it being illegal to be on public property, or they might ask to hold it at the counter for you until you are ready to pay. Although, if your knife is 1/8 of an inch over the limit, or you feel that there is still a chance you will be stopped for having a concealed weapon on you, it is worth it to not even take the risk.
Changes in Laws Concerning Knives
Knife laws in NYC, Westchester, Nassau and Suffolk have undergone recent changes partly in response to public outcry over the policing and arrest of law abiding citizens. In October of 2016, the New York City Council approved legislation that re-defined wielding in a public place as simply brandishing a knife and getting rid of the old "intending to use" standard. But, the law was struck down by a judge in NY for being unconstitutionally vague.
The state assembly adopted the same proposal which is under review in the state senate. Publicly the governor spoke favorably of the proposed law, and it will likely pass. Meanwhile, the New York City Police Department has announced that its officers will continue to make arrests until the governor’s office provides guidance in the form of an instruction letter. In April of 2017, the NYPD issued a directive regarding the possession of gravity knives. Officers were advised that they would require additional training on the new definition of a knife . Under the new law, NYPD officers will no longer be arresting individuals found with gravity knives, and will be using summonses instead. The governor’s Office of Public Safety reported that in 2015, 773 summonses were issued. In 2016 that number had jumped to around 3,136 summonses issued last year. This is still an increase, but a smaller increase than it could have been. The biggest change to knife legislation in New York was the decision to decriminalize the possession of small blades. But the vagueness of this legislation caused the law to be on hold for months until yet to be determined clarifications have been issued. Laws began to shift throughout NY state in January of 2016, with Long Island counties of Nassau and Suffolk being some of the first to repeal knife laws. Many feel that unnecessary arrests and incarceration has caused overcrowding and is a waste of taxpayer money. Legislators and public offices receive many more complaints than support on the ban, yet it is left intact.