Double edge knife legal in NY state?

Double edge knife legal in NY state?

This is a discussion on Double edge knife legal in NY state? within the Defensive Knives & Other Weapons forums, part of the Defensive Carry Discussions category; Anyone know? The law (the way I read it) Penal law section 265.01 says switchblades, balistic knives etc... are illegal. But It looks like a ...

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Thread: Double edge knife legal in NY state?

  1. #1
    Senior Member Array darkvibe's Avatar
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    Double edge knife legal in NY state?

    Anyone know? The law (the way I read it) Penal law section 265.01 says switchblades, balistic knives etc... are illegal. But It looks like a "dagger, dangerous knife, dirk, razor, stiletto..." are only illegal if you intend to use it unlawfully against another person. None of those terms are defined in the definition section, only switchblade, gravity assist and ballistic knives are.

    So carrying a fixed blade double edge knife is legal as long as you don't intend to unlawfully harm someone with it?

    Here is the law I'm going by.
    265.01 Criminal possession of a weapon in the fourth degree.
    A person is guilty of criminal possession of a weapon in the fourth
    degree when:
    (1) He possesses any firearm, electronic dart gun, electronic stun
    gun, gravity knife, switchblade knife, pilum ballistic knife, metal
    knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles,
    chuka stick, sand bag, sandclub, wrist-brace type slingshot or
    slungshot, shirken or "Kung Fu star"; or
    (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
    imitation pistol, or any other dangerous or deadly instrument or weapon
    with intent to use the same unlawfully against another; or


  2. #2
    Senior Member Array Pete Zaria's Avatar
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    Even if it's technically legal on the books, I think if a NY LEO found it on you, you'd be getting a ticket at the very least. Not worth it for the small advantage gained, IMO.

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    Pete Zaria.
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  3. #3
    Senior Member Array darkvibe's Avatar
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    I also found this in section 265.15

    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.
    I guess that answers it?

  4. #4
    New Member Array pweshay's Avatar
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    Quote Originally Posted by darkvibe View Post
    Anyone know? The law (the way I read it) Penal law section 265.01 says switchblades, balistic knives etc... are illegal. But It looks like a "dagger, dangerous knife, dirk, razor, stiletto..." are only illegal if you intend to use it unlawfully against another person. None of those terms are defined in the definition section, only switchblade, gravity assist and ballistic knives are.

    So carrying a fixed blade double edge knife is legal as long as you don't intend to unlawfully harm someone with it?

    Here is the law I'm going by.
    Remember in the State of NY if you carry a knife for the purpose of protection, You are showing intent!!! Just keep that in mind.. My knife is a tool that I always have on me. I use it for many purposes!!!

  5. #5
    Senior Member Array darkvibe's Avatar
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    I'm so lost.

    1. What if i carry it for opening letters?

    2. Is a double edge boot knife (~3" blade) considered a dagger, dirk or stiletto? I would say no but there is no definition of those in the law.

    I'm not one to break the law and not really one to skirt the law either. I'll let someone else be the test case.

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    VIP Member Array Supertac45's Avatar
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    I'd talk to a good attorney prior to carrying it.
    Les Baer 45
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  7. #7
    Senior Member Array Musketeer's Avatar
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    As already stated,

    I also found this in section 265.15

    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.
    Right off the bat your carrying of any device meeting the above criteria in the eyes of the LEO is now grounds for arrest and unless you can prove otherwise conviction. Not only is its being there evidence that it is meant to be used against another person the law assumes you will do so in a criminal manner. Self defense is not even considered.

    Now I live in NY and always have a folding knife of some sort on me, even before my permit. I avoid anything double edged. Everybody I work with knows I have a knife, they know nothing else. They also laugh at watching me wash it to cut my lunch up with and using it for a myriad of tasks around the office. Obviously mine has a primary use in the eyes of the law which is NOT criminal.

    How far along the line to a jail term can presumptive evidence take you? I am not certain but I don't intend to find out. Carry something with multiple uses and leave your double edged dagger at home.

  8. #8
    VIP Member Array Rob72's Avatar
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    Trying to skjirt the law may have one raising one's skirt in prison; generally not a recommended recreational passtime.

    The law referrs to "possession", which is generally legally taken to mean having access. IOW, you would be really "iffy" having a DE in your home, much less carrying one.

    Edit to add: check in at microholics.org or bladeforums
    both of these forums have guys who's livlihood depends on knowing state knife laws.

  9. #9
    Senior Member Array darkvibe's Avatar
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    Like I said, I'm not willing to be the test case to see how much trouble one would really get in. I do carry a small folder that I use for daily cutting tasks like opening packages and cutting string.

    I'm going to stick to pepper spray and call it a day.

    I'll keep looking around for my answer to satisfy my curiosity even though I'm not keeping the knife.

  10. #10
    Member Array Reffy's Avatar
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    Sorry its taken me so long to respond to this post, I've been wicked busy studying...well this ****. hah.

    Anyway, it's fairly clear to me that a double edged knife (dirk, dagger) would be illegal to have both in open carry and in concealed carry. Essentially what the "Dangerous knife" and "intention to use" clause has been interpreted as comes down to this: Unless you're on your way to use that double edged knife in a certain activity that requires it, DO NOT CARRY IT. Or you will be in a clear violation of the law.

    Why you ask? This statute right here:
    "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."

    This means that simply the possession of a dagger is proof of intent to injure someone else, thus making it a dangerous weapon. Unless you have a readily provable and reliable excuse to be carrying such a weapon you will be found guilty.

    As for folding and fixed blade knives that are not double edged: This is quite complicated. I'll tell you this much, if it was me, I wouldn't carry a knife in NYC, outside of the city carry as you normally would while of course taking in consideration the basics of legal knife carrying.

    Let me know if you want a clarification on any of this. I'm happy to keep my fellow man out of jail!

  11. #11
    Senior Member Array darkvibe's Avatar
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    You know, I've read penal code article 265 so many times I lost count and I still can't figure out what a lot of it really means. I kind of figured it was presumed to be illegal from my first read through but still found it complicated.

    The knife I was a CRKT Sting that I found at a gun show. Not something I'd carry around much but I wouldn't even carry it hunting now.

    I can carry a gun, but they don't trust me with a knife. They should add an exemption to the law for CCW permit holders.

  12. #12
    Member Array Reffy's Avatar
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    I would not take that list as accurate! Just off the top of my head I know that Florida does not allow concealed carry of Autos without a permit.

    And after 10 seconds of real research I also found out that Arizona does not allow concealed carry of Autos without a permit. And in Ohio they don't allow open or concealed carry of Autos period, not exceptions. I don't think I have to continue!

    Please, for your own sake, if you want to know the legality of what you carry call your police station or ask me and I be more than happy to look it up for you.

  13. #13
    Senior Member Array darkvibe's Avatar
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    yeah. In NY you can carry a switchblade hunting or fishing.

    From NY penal law article 265.20 Exemptions

    6. Possession of a switchblade or gravity knife 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.

  14. #14
    Senior Member Array vic2367's Avatar
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    as formerly being a resident of nyc for 38 years and now happily relocated to PA ,i must still unfortunately travel everyday too nyc for work ,i would not carry a double edged knife, auto,gravity knife, or anything over 3'' in that state,,,pittiful

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