14 replies to this topic

[mvphilly]

Was looking to pick up a nice pocket knife so I made the mistake of looking through the laws regarding knives in NYS. HA HA if you think gun laws are obscure and confusing check out the knife laws. This state can make a paper clip illegal to own

[Ancap]

Was looking to pick up a nice pocket knife so I made the mistake of looking through the laws regarding knives in NYS. HA HA if you think gun laws are obscure and confusing check out the knife laws. This state can make a paper clip illegal to own

 

thousands and thousands of innocent victims were arrested under the New York gravity knife law because police officers were able to use centrifugal force to open a common pocket knife by holding onto the blade......it took years for the Supreme Court to force Coumo in repealing that law...but in the meantime all those people had serious criminal charges on their record because of the vague language.....it was a travesty 

[TheLevelOne]

Also you can possess a switchblade IF you have a valid hunting/trapping/fishing license. Makes perfect sense, right?

 

Regards  -----------

 

 

[Phoenix69]

If you have not realized it by now NYS SUCKS. If you think it can’t get any worse, think again!

[TheKnot]

FUAC

[Dale Sr.]

Also you can possess a switchblade IF you have a valid hunting/trapping/fishing license. Makes perfect sense, right?

 

Regards  -----------

This.

[boosti]

Also you can possess a switchblade IF you have a valid hunting/trapping/fishing license. Makes perfect sense, right?
 
Regards  -----------

When I was at the Sportsman show at the Nassau Coliseum, a vendor had a S&W switchblade. He would sell it if I was in the military or law enforcement. I mentioned that under 265 NYPL, police and peace officers are exempt. A hunter may legally have a switchblade when hunting when legal.
Military personnel are not exempt if caught carrying a switchblade out of the hunting exemption.

[pequa1]

I believe you have to be in the process of hunting or fishing to legally possess a switchblade, not just have a license (or I would be going everywhere with mine.)

[boosti]

I believe you have to be in the process of hunting or fishing to legally possess a switchblade, not just have a license (or I would be going everywhere with mine.)

Yes, while engaged in hunting etc. A colleague caught a guy with a switchblade, he said it was on him because he goes fishing all the time. I remember the Sergeant said you may have the Switchblade while working at a nursery under the ECL.

[baronsydney]

I recently wanted an automatic(switchblade) knife. Tried ordering online from several stores and none would ship to New York. Same shit trying to buy some crabgrass killer for my lawn. NO YORK is ridiculous.

[grifhunter]

T

 

I believe you have to be in the process of hunting or fishing to legally possess a switchblade, not just have a license (or I would be going everywhere with mine.)

Thats not how the statute reads.   Also, how do you get the knife to your hunting or fishing spot.   Have a drone drop it from the sky?

 

There are various exemptions applicable to the New York Penal Code §265 which are found at § 265.20. There is a significant exemption for “switchblade” knives which provides that:

If one has a valid hunting, fishing, or fur-trapping license, the criminal possession sections, and the evidentiary presumption sections, set forth above shall not apply to a switchblade he or she may possess. Accordingly, it is not unlawful for an individual holding an appropriate New York State issued license to own or possess an automatic knife, which he or she may “use” or carry “while hunting, trapping, or fishing.” This exemption should not be understood to allow carrying an automatic knife apart from the actual pursuits specified.

a.  Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01, 265.01-a, subdivision one of section 265.01-b, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05 shall not apply to:

6. Possession of a switchblade for use while hunting, trapping or fishing by a person carrying a valid license issued to him pursuant to section 11-0713 of the environmental conservation law.

https://www.akti.org...-laws/new-york/

 

"For use" isn't the same thing as "while in use while hunting, trapping or fishing...". 

That being said, one caught carrying a switchblade at a kids party at Chucky Cheese would have a tough time trying to make use of this exception. 

Edited by grifhunter, February 20 2021 - 01:51 AM.

[baronsydney]

I would bring my CCW to Chucky Cheese. And maybe my pizza slicer.

[pequa1]

T

 

Thats not how the statute reads.   Also, how do you get the knife to your hunting or fishing spot.   Have a drone drop it from the sky?

 

There are various exemptions applicable to the New York Penal Code §265 which are found at § 265.20. There is a significant exemption for “switchblade” knives which provides that:

If one has a valid hunting, fishing, or fur-trapping license, the criminal possession sections, and the evidentiary presumption sections, set forth above shall not apply to a switchblade he or she may possess. Accordingly, it is not unlawful for an individual holding an appropriate New York State issued license to own or possess an automatic knife, which he or she may “use” or carry “while hunting, trapping, or fishing.” This exemption should not be understood to allow carrying an automatic knife apart from the actual pursuits specified.

a.  Paragraph (h) of subdivision twenty-two of section 265.00 and sections 265.01, 265.01-a, subdivision one of section 265.01-b, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15, 265.36, 265.37 and 270.05 shall not apply to:

6. Possession of a switchblade for use while hunting, trapping or fishing by a person carrying a valid license issued to him pursuant to section 11-0713 of the environmental conservation law.

https://www.akti.org...-laws/new-york/

 

"For use" isn't the same thing as "while in use while hunting, trapping or fishing...". 

That being said, one caught carrying a switchblade at a kids party at Chucky Cheese would have a tough time trying to make use of this exception. 

Understood, but if one is in suit and tie and walking along Flatbush Ave from or to the train, I doubt having a hunting or fishing license in one's wallet is going to make a difference with John Law.    But unless the clip is showing, how would anyone know what you have in your pocket ?

[John M.]

After all this with knives I am going to star carrying a brick or a big rock until NYS bans them also

[willgrah]

Understood, but if one is in suit and tie and walking along Flatbush Ave from or to the train, I doubt having a hunting or fishing license in one's wallet is going to make a difference with John Law.    But unless the clip is showing, how would anyone know what you have in your pocket ?

But you must prove I was not as well, innocent until proven guilty, not the other way around.  I was working as a Sergeant when these silly "gravity knife" collars started popping up.  Not one ever got to a Asst DA if I was working.  This was not done by the cops because of any sense of screwing anyone, they were actually told by some that this was legit.  I knew better, I used to tell them that unless it has Nazi markings on it from a legit WW2 Paratrooper its not a "Gravity Knife".  The same nonsense was going on with knives using pocket clips, that was only a summons, but was still BS.  

 

 

And to clear things up, NY City has Administrative codes that make it a violation to carry a knife visibly unless engaged in a trade which requires said knife.  No where else in NY has such a rule, a pocket knife is a pocket knife, carry and don't worry.  A switchblade, gravity knife, pelum balistic knife, dirk , dagger, etc.  are listed in the NY State Penal Law as a Deadly Weapon, so there is that.  All Sullivan Act nonsense from 1911.  

Edited by willgrah, February 21 2021 - 07:01 PM.