New York is known for having strict laws around the possession and carrying of knives. Whether you’re a collector, hunter, or someone who uses knives daily, understanding the legal restrictions is essential.
Carrying an illegal knife can result in fines or even imprisonment, so it’s crucial to stay informed about what’s legal and what’s not. This guide will help you navigate New York’s knife laws and clarify what types of knives are legal to own and carry, as well as where and how you can carry them.
Types of Knives and Legal Status
New York law differentiates between various types of knives, and the rules depend on the type. Here’s a breakdown of some of the most common knives and their legal status:
1. Folding Knives (Non-Automatic)
Folding knives are one of the most commonly carried types of knives. They fold into the handle, making them easy to store and carry.
Legal Status: These knives are legal to own and carry as long as they are not intended for use as a weapon.
Restrictions: As long as the knife is concealed and does not exceed a certain size, folding knives are generally legal. However, they must not function as switchblades or automatic knives.
2. Automatic Knives (Switchblades)
Automatic knives, also known as switchblades, open automatically with the press of a button.
Legal Status: It is illegal to possess or carry automatic knives in New York.
Exceptions: Law enforcement officers or individuals with specific professional roles may be allowed to carry them, but civilians are not permitted.
3. Gravity Knives
Gravity knives open with the force of gravity when flicked. These are similar to switchblades but rely on gravity to open.
Legal Status: Gravity knives are illegal to carry or possess in New York under Penal Law 265.01.
Recent Changes: New York courts have narrowed the definition of gravity knives, meaning not all knives that were previously considered gravity knives are still illegal. However, knives that can be easily opened with one hand are still prohibited.
4. Dirks, Daggers, and Stilettos
These knives have pointed, double-edged blades designed for stabbing. Stilettos are smaller and slimmer.
Legal Status: Illegal to carry without a valid, lawful purpose.
Restrictions: These knives are generally banned from being carried in public unless you can prove they are for lawful uses like hunting or work.
5. Bowie Knives
Bowie knives are large, fixed-blade knives, often used for hunting or outdoor activities.
Legal Status: These knives are illegal to carry unless you have a legitimate reason.
Restrictions: You cannot carry a Bowie knife for personal defense, but you may carry it if you’re going camping or hunting.
Where and How You Can Carry a Knife in New York
Even if a knife is legal to possess, there are still rules about where and how it can be carried.
1. Concealed Carry
In New York, carrying most knives concealed on your person is illegal unless you have a valid permit or a lawful exception. This includes carrying knives in your pocket, jacket, or bag.
Legal Status: It is illegal to carry most knives concealed without a permit.
Exceptions: Certain knives, like small folding knives, may be allowed if concealed, but larger or automatic knives are strictly prohibited.
2. Open Carry
Carrying a knife openly in public is also regulated. Knives such as dirks, daggers, and large fixed-blade knives are considered dangerous and cannot be carried openly without a lawful reason.
Legal Status: It is illegal to openly carry dangerous knives unless it’s for a specific purpose.
Exceptions: If the knife is necessary for activities like work or camping, it may be allowed. Carrying a knife for self-defense is not a valid reason.
3. New York City Knife Laws
New York City has even stricter knife laws compared to the rest of the state. The city enforces its own set of rules under the New York City Administrative Code.
Automatic and Gravity Knives: Switchblades and gravity knives are banned, and possession can lead to criminal charges.
Size Limitations: It’s illegal to carry a knife with a blade longer than 4 inches unless you have a valid reason.
Concealed Knives: Carrying any concealed knife, including small folding knives, is prohibited unless you have a valid permit.
Penalties for Violating Knife Laws in New York
Violating New York’s knife laws can lead to significant penalties, depending on the severity of the offense.
Misdemeanor: Carrying a knife illegally, such as a concealed or dangerous weapon, can result in a misdemeanor charge, leading to a fine and/or jail time.
Felony: Possessing certain knives like switchblades or gravity knives, or carrying a knife during a criminal act (like robbery), can result in felony charges. These carry heavier penalties, including long prison sentences.
Defenses Against Knife Charges
If you face charges for violating New York’s knife laws, there are potential defenses that could reduce or dismiss the charges.
Legitimate Purpose: You can argue that the knife was carried for lawful purposes like work, hunting, or outdoor activities.
Unknowing Possession: If you didn’t know the knife was illegal or weren’t aware of the specific restrictions, this may be a defense.
Lack of Intent: If you weren’t carrying the knife with criminal intent, it might help your case, especially if you didn’t realize the knife violated the law.
