New York, NY asked in Criminal Law for New York

Q: Is it ilegal to carry a pocket knife in new York state

Like a fixed blade knife (blade 4in)

Related Topics:
1 Lawyer Answer
Samuel C. Breslin
Samuel C. Breslin
Answered
  • Criminal Law Lawyer
  • Albany, NY
  • Licensed in New York

A: New York knife laws are very complicated. Some knives are absolutely illegal (including gravity knives, switchblade knives, pilum ballistic knives, metal knuckle knives, and cane swords). Other knives, like what you are describing, are more likely covered by Penal Law 260.15(4) which states that "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." New York's highest court (the Court of Appeals) tried to shed light on what "dangerous knife" means, but it's still murky, since depending on the circumstances, all knives are/can be dangerous. That Court held that a "dangerous knife" is something that “is primarily intended for use as a weapon,” or a common utilitarian utensil “converted into a weapon,” but it also could be a common utilitarian knife unmodified or not designed as a weapon (like a kitchen knife or a 4 inch fixed blade knife), but by reason of the circumstances of possession and/or the “context of activity,” is dangerous. Basically there's no clear answer (except for the clearly-defined prohibited knives). If you're a fisherman and need a 4" fixed-blade for gutting fish, it's not "dangerous," because you're not using it as a weapon. However, if you carry that same knife in a shopping mall for no reason (or for a bad reason, like intimidation), you could be committing a crime! The best bet is to leave it at home.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.