Quick Legal Facts
Statewide Preemption:
No.
Concealed Carry:
The New York Weapons Law applies equally as to concealed or unconcealed.
Minors:
Persons under the age of 16 may not possess a “dangerous knife”.
Schools:
A weapon may not be possessed on school grounds.
Major Cities with Knife Ordinances:
New York City and several others
Critical Dimensions:
New York City Ordinance – Under 4 inches maximum blade length.
Restricted Knives:
Possession of switchblades, ballistic knives, metal knuckle knives, and cane swords is prohibited, although there is a hunting and fishing exemption for switchblades.
New York State law regarding the possession of knives is formless and confusing. Any knife can become a “dangerous knife” and create the risk of a criminal conviction even in the absence of criminal conduct on the part of the possessor. The scope of the “dangerous knife” problem only becomes evident upon examination of all relevant portions of 265 (Firearms and Other Dangerous Weapons), along with related court cases.
Relevant Statutes:
265.00. Definitions
265.01. Criminal Possession of a Weapon in the Fourth Degree
265.02. Criminal Possession of a Weapon in the Third Degree
265.01-A. Criminal Possession of a Weapon on School Grounds
265.05. Unlawful Possession of Weapons by Persons Under Sixteen
265.06. Unlawful Possession of a Weapon on School Grounds
265.10. Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances
265.15. Presumptions of possession, unlawful intent and defacement
265.20. Exemptions
Statewide Preemption:
No.
Major New York Cities with Knife Restrictive Ordinances:
Albany – None noted.
Buffalo – 180-7, Prohibits open carry or display of weapons including knives on city-owned property.
New York City – Administrative Code 10-133, knives must be concealed and any blade must be less than 4 inches. Also note the Transit Authority Code.
Rochester – 47-2, Prohibits carry of pointed instruments other than a pocketknife with no blade more than 3 inches in length.
Syracuse – 16-12, Prohibits carry of among other things any dirk, bowie knife, sword, razor or “any weapon, instrument or thing likely to produce grievous bodily harm.” (It is also unlawful to fling or throw any snowball with the city limits of Syracuse, NY, a city with an average annual snowfall of 123.8 inches per year). (See 16-13)
Restrictions on Sale or Transfer:
It is unlawful to “dispose of” (gift, loan, sell, transfer) any switchblade, ballistic knife, metal knuckle knife or cane sword. (265.10) This section also prohibits the production or manufacturing of any of the listed knives.
Concealed Carry:
New York State law does not distinguish between open or concealed carry, but visibility is a factor in some city ordinances.
Restrictions on Carry in Specific Locations/Circumstances:
New York State code provisions require all schools to develop codes of conduct applicable to students, teachers, and visitors regarding weapons. Knives should not be carried on school property or school buses. There are also knife/weapon limitations and prohibitions for court facilities, correctional facilities, some airports, and mass transit.
- Dangerous Knife
The language of 265.01(2) prohibits the possession of any:
dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument with intent to use the same unlawfully against another.
The NY Penal Code does not provide definitions for any of the items specified in 265.01(2). A principle of statutory interpretation provides that where several specific items are mentioned – in this case, dagger, dirk, stiletto, machete – a general term such as “dangerous knife” should apply to the same kind of things/items as specifically mentioned. Lawyers and judges refer to this principle as Ejusdem generus. The same concept is used to inspire reasoning among young children by educational TV programs such as Sesame Street through the visual exercise of “one of these things is not like the others”.
- Assisted Opening
New York law defines “switchblade knife” as follows 265.00 (it is suggested that assisted open knifes should be avoid in that state of NY has not adopted the “bias toward closure” exception <People v Berrezueta 31 N.Y.3d 1091 (2018)>):
‘Switchblade knife’ means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife.
- Undetectable Knives
A November 1, 2019, amendment under 265.01(2) created restrictions for “undetectable knives”. As defined, an improvised or homemade undetectable knife is excluded:
‘Undetectable knife’ means any knife or other instrument, which does not utilize materials that are detectable by a metal detector or magnetometer when set at a standard calibration, that is capable of ready use as a stabbing or cutting weapon and was commercially manufactured to be used as a weapon.
- Gravity Knives
Since an otherwise legal knife may be classified as dangerous given the circumstances of possession, a “gravity knife” could be the basis of criminal possession charge under 265.01(2) despite the fact that it is no longer restricted under 265.01(1).
- For Protection
The Courts in New York, including New York City, consistently allow prosecutions of dangerous knife convictions, without regard to the type of knife, where, within the “context of activity”, the defendant makes any indication at the time of arrest that the alleged dangerous knife is possessed for protection. People v. Richards, 869 N.Y.S. 2d 731, (2008). The circumstances in the Richards case were that the defendant was a casual street vendor seeking to interest a buyer to purchase a Sponge Bob balloon. His persistence led to a police intervention wherein a knife with a 3-inch blade was discovered in his back pocket. The description of the knife did not place it in either category of knives restricted in New York. He explained the purpose for his possession of the knife: “That’s for my protection. I need it because of drug dealers. I make $500 a week and drug dealers are out to get me.”.
The defendant did not display or brandish the knife, which had remained in his pocket. He was charged with criminal possession under 265.01 and with disorderly conduct. The court, observed that a dangerous knife is one that may be used as a weapon and since the defendant stated that it was for his protection, his purpose made it a weapon, and therefore a dangerous knife.
The disorderly conduct charge deriving from the circumstances was dismissed because in the view of the court “defendant’s actions posed no risk of public inconvenience, annoyance, or alarm”.
- Evidentiary Presumptions
In New York a knife might be characterized as dangerous and thus unlawful under 265.01 is made worse by the “evidentiary presumption” of unlawful intent contained in 265.15 (4).
265.01 (2) provides that a person is guilty of criminal possession of a weapon in the fourth degree if he possesses any dagger, dangerous knife, dirk, machete razor, or stiletto with the intent to use the same unlawfully against another.
In other words, there are 2 elements to a violation of this law: Possession of a dangerous knife, – or any dagger, dirk, or stiletto – along with, the intent to use the same unlawfully against another.
The prosecution must, ordinarily, allege and prove all elements. However, New York law per 265.15 (3), relieves the prosecution of this burden to prove unlawful intent by means of an evidentiary presumption: 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.
No specific allegation of intent to use unlawfully against another is required. The prosecution may expose someone to the expense, and inconvenience of a criminal trial along with the risk of a criminal conviction without good faith evidence of criminality. The jury may, but is not required to, find unlawful intent based on no evidence beyond mere possession. People v. Galindo, 23 NY3d 719 (2014).
Another subsection, 265.15 (3), provides that if among other items any dirk, dagger, stiletto, or switchblade is found in an automobile, it is presumed to be in the possession of all occupants of the vehicle unless it was found ‘upon the person’ of one of the occupants.
- Non-Citizens
It is unlawful for persons who are not U.S. citizens to possess any of the weapons described in 265.02 even if the presence of such person in this country is authorized by federal law, although, New York passed a law on June 17, 2019, which allows illegal aliens in the state to apply for New York State issued driver licenses. Within New York, knives are less welcome than illegal aliens.
- Law Enforcement and Military
There is a more extensive “shall not apply to” exemption for law enforcement and persons in the military at 265.20 (a) (1) which provides:
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:
1. Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01 , 265.02 , 265.03, 265.04, 265.05 and 270.05 by the following:
(a) Persons in the military service of the state of New York when duly authorized by regulations issued by the adjutant general to possess the same.
(b) Police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law .
(c) Peace officers as defined by section 2.10 of the criminal procedure law .
(d) Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to possess the same.
(e) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract.
