Knife Length Laws in New York State
The knife laws in New York are rather complicated, with different rules for different types of knives, ranging from an interesting fact about historians using different definitions of the same term to a few quirks in how knives are classified.
To start with, the law itself. New York Penal Law § 265.01 sets out the crime of criminal possession of a weapon in the fourth degree, generally prohibited weapons. Prohibited weapon types include:
Of interest, the last item there is a sword cane. These are illegal in New York.
A three-inch blade is what makes an illegal gravity knife. A knife has a blade that retracts into the handle and the blade drops when the wrist is flicked if the blade is longer than three inches , then it is a gravity knife. If it is shorter than three inches, it is not a gravity knife.
A blade longer than four inches would be a switchblade, again with the flick of the wrist to open the knife. If the blade is less than four inches, it is not, and is legal.
A dirk or dagger has to have a blade that is at least four inches long. Any shorter and it’s not considered a dirk or dagger, and thus is not illegal in New York. However, these blades must have a double edged blade, not a single edge.
A stiletto has to be at least five inches long, again with a double edged blade in these types of knives. Any shorter and it is not illegal to have in New York.
As always, it is best to consult with an attorney to confirm the status of a given knife with the law.
Knives Banned Under New York Law
Knives come in a variety of different shapes and sizes. In fact, they could be classified into numerous categories and subcategories based on various characteristics. When it comes to determining which specific knives fall within the restrictions of New York law, however, the most important determination is whether the knife has a fixed blade or a folding blade, and whether the knife opens automatically (i.e., with the push of a button or some other mechanism), or if it must be opened with a manual motion. As a general rule, if you possess a knife in a public setting, regardless of whether its blade is fixed or folding, it will be legal so long as its blade is less than four inches in length. Only knives with fixed blades longer than four inches, or folding knives where the blade is double-edged, fall under the restriction prohibiting possession of dangerous knives in public places. Any automatic knife, regardless of its blade length, also falls under this prohibition.
Penalties for Knife Length Violations
If you think you’ll get a slap on the wrist for carrying a knife that’s an inch too long, think again. The penalties can be severe. All knives which can be considered illegal can carry a charge of a fine up to $1,000 and/or up to a year in prison for misdemeanor charges, and felony charges can lead to fines running anywhere from $5,000 to $15,000. At least one someone in New York is going to pay up, and it’s probably like to be you. Also, the New York Police department takes carrying illegal knives so seriously that they keep a database of all knives taken from individuals and used as evidence in court. Any knife you have illegally will likely end up on a list somewhere.
As for the defense in your case, you might be able to claim a legal loophole if you were using the knife as a tool or in self-defense. However, even if you can convince a judge that your knife was a tool, if the knife is not legal in your area, you could be fined and possibly jailed.
If you are charged with any knife-related crime, you should talk to an experienced New York weapons charge defense attorney who can work to minimize the damage done to your reputation and your future.
Notable Case Law and Precedent
A landmark ruling in 2007 declared the six-inch law unconstitutional. The case involved two defendants who were charged with carrying a folding knife with a blade in excess of four inches. That court, however, still left the space to argue that the circumstances of the arrest justified the arrest. In other words, the ruling did not abolish the knife length requirement; rather, it discussed how much weight should be given to the "Circumstances of the Encounter." The case involved two defendants who were arrested while they were together , after one of them took what was perceived as a gang stance on the corner of 151 Street and Morris Avenue in the Bronx. The Officer testified in court that propelled his suspicion was the manner in which the defendants were standing. The defendants were later found, among other things, with guns, large amounts of cash, and a knife with a blade that was just short of 5 inches. The court disallowed the arrest, on Fourth Amendment grounds, and referenced the knife law to talk about the fact that weapons are lawful when carried for self-defense. The court also used United States v. Deanda , 222 F.3d 780 (2000) to illustrate that the social danger posed by a knife is not dependent on the length of its blade.
Knife Buying and Collecting Tips in New York
A: When considering the purchase of a knife in New York, it is important to be mindful of the state’s length restrictions and to choose a knife that will be comfortable and convenient for your intended use. There are several key guidelines that knife buyers and collectors should follow to ensure compliance with New York’s knife laws.
First, make sure to thoroughly research the restrictions in your county of residence. Each county in New York has its own ordinances, and many counties also have knife restrictions that prohibit carry of a length longer than usually used for "utility purposes." Utility purposes as defined by the courts can mean anything from using a knife to cut string to using a pocket knife on camping excursions. Keep in mind that having an overall knife length that is comfortable for utility use will allow you to avoid violating strict length ordinances.
Second, when deciding between folding knives and fixed blade knives, keep in mind that folding knives under the law are generally exempt from the length limitations if they do not lock when open. Choose a folding knife that is comfortable to open and close, but also fits comfortably in your pocket and closes tightly so that you are safe when carrying it.
When choosing folding knives it is also important to consider the quality of the blades. Keep in mind that you will want to care for the knives that you purchase, as knives that are poorly cared for and have rust or other signs of damage may be considered "dangerous instruments" as defined under New York law.
When purchasing fixed knives, supplant them with folding knives whenever possible. In instances where this is not feasible, pay special attention when measuring – and purchasing – fixed knives. Fixed knives that are longer than four inches in length and can be carried openly are prohibited under New York law, so you must be certain to measure carefully.
While these guidelines will not provide an exhaustive look at knife purchasing and buyer rights, they will certainly assist you in choosing the best and most comfortable knife for your use.
Legal Resources and Guidance for Knife Owners
For knife owners seeking specific legal advice regarding the use, carrying, or manufacturing of knives in New York, or those who believe they have been wrongfully accused of a crime related to knives, legal counsel is recommended. An attorney with an understanding of weapons law best positioned to provide guidance and counsel in submitted cases . Finally, clients researching the legality of knives in New York State can gather legal knowledge from government resources such as the following:
- The New York State Legislature: www.assembly.state.ny.us
- NY State Division of License: www.dos.ny.gov
- New York City Police Department: www.nyc.gov/html/nypd/home.html
- Amnesty packages offered by various police jurisdictions.