5 Facts You Need To Know Before Carrying A Knife In New York
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5 Facts You Need To Know Before Carrying A Knife In New York
The regulations concerning knives in New York can be complex and occasionally contradictory. Even if an individual has no intention of engaging in illegal activity, the possession of any type of weapon can lead to potential criminal consequences. Analyzing the relevant sections of the NY Penal Code 265 (Firearms and Other Dangerous Weapons), alongside pertinent court decisions, sheds light on the issue of “dangerous knives.” To gain a comprehensive understanding of New York’s knife laws, it is essential to review the following key points and provisions.
Criminal Possession of a Weapon:
Under the fourth-degree criminal possession of a weapon, an individual is deemed guilty if they possess any of the following items with the intent to use them unlawfully against another person: firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Chuka stick, or wrist-brace type slingshot. Additionally, the possession of a dagger, dangerous knife, dirk, razor, stiletto, imitation firearm, or any other perilous or deadly device is considered illegal.
Prohibited Knives:
While the ban on gravity knives was lifted in New York on May 30, 2019, the possession of pilum ballistic knives, metal knuckles, and switchblades remains a criminal offense.
Concealed Carry and Prohibited Locations:
Although there are no explicit regulations regarding concealed carry in New York, certain city regulations mandate that knives be visible. However, legal knives may be openly or concealed carried as long as the individual has no intent to use them unlawfully against another person. Prohibited locations for carrying knives include educational institutions, courtrooms, correctional facilities, and specific airport premises.
Restrictions on Non-Citizens:
Non-U.S. citizens are prohibited from carrying any weapons listed in § 265.02, even if their presence in the state is sanctioned by federal law.
Impact of Previous Convictions:
If an individual violates Section 265.01 (Criminal Possession of a Weapon 4th Degree) and has a prior criminal conviction, they may face charges for criminal possession of a weapon in the third degree. It is essential to note that the previous conviction does not have to be for a violent offense and is not confined to convictions within New York. Even possession of a secure slip-joint pocket knife may lead to arrest under compelling circumstances.
