New York State has specific regulations regarding the possession, carrying, and usage of knives, including pocket knives. It’s essential to understand these laws to avoid potential legal issues.
State vs. City Laws
- State Law: Outside of New York City, there isn’t a specific blade length restriction, but the intent behind carrying the knife matters.
- NYC Law: New York City has stricter regulations. It’s illegal to carry a knife with a blade longer than four inches in any public place, whether openly or concealed. This applies to all knives, including pocket knives.
Legality of Pocket Knives
- Assuming there’s no intent to use it unlawfully, it can be legal to possess a pocket knife.
- If the pocket knife has a blade of under 4 inches and isn’t going to be used as a weapon, then it may be legal.
Concealed Carry
- Carrying a concealed knife with the intent to use it unlawfully against another person is prohibited.
- In NYC, it is illegal to carry a knife that is visible in public, even if the blade is shorter than four inches. This means that even pocket clips or parts of the handle sticking out of your pocket can be grounds for a violation.
Intent
- Carrying any blade “for your protection” is considered an unlawful purpose and can result in arrest.
- Carrying a knife with the intent to use it for self-defense can be considered illegal, as it implies an intent to use the knife as a weapon.
- Generally, carrying a knife openly with the intent to use it unlawfully against another is prohibited.
Prohibited Knives
- Certain kinds of blades are illegal to possess regardless of intent1. These are referred to as “per se” weapons.
- Switchblades, ballistic knives, metal knuckle knives, and cane swords are all illegal in New York.
Penalties
- Possessing a knife with a blade size of four inches or more in public places in New York is punishable by a fine or up to 15 days in jail, regardless of any unlawful intent.
- A conviction for carrying a knife with unlawful intent is a class “A” misdemeanor punishable by up to one year in jail. If you have any prior criminal record, the law allows prosecutors to “bump up” your case to a class “D” felony, which could result in a sentence of up to seven years in prison.
SOURCES
[1] https://www.new-york-lawyers.org/frequently-asked-questions/new-york-crimes-related-to-knives-faq/
[2] https://wiciklaw.com/what-are-the-knife-laws-in-new-york-all-you-need-to-know/
[3] https://tkellknives.com/what-size-knife-is-legal-to-carry-in-ny-a-clear-guide/
[4] https://www.vitalianolaw.com/blog/new-york-knife-laws/
