Butterfly Knives in the State of NY

[phvex]

are butterfly knives illegal in the state of NY? i thought they were until i started reading and this court ruling says that because its not technically a gravity knife, its not illegal (as long as there is no malintent).

http://thehighroad.org/library/blade...%20(2003).html

this is where i got my information about this ruling. if any LEOs have any information on this matter it would be greatly appreciated if you shared.

[phantasm]

are butterfly knives illegal in the state of NY? i thought they were until i started reading and this court ruling says that because its not technically a gravity knife, its not illegal (as long as there is no malintent).

http://thehighroad.org/library/blade...%20(2003).html

this is where i got my information about this ruling. if any LEOs have any information on this matter it would be greatly appreciated if you shared.

§ 265.01 Criminal possession of a weapon in the fourth degree.
A person is guilty of criminal possession of a weapon in the fourth
degree when:
(1) He possesses any firearm, electronic dart gun, electronic stun
gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles,
chuka stick, sand bag, sandclub, wrist-brace type slingshot or
slungshot, shirken or "Kung Fu star"; or
(2) He possesses any dagger, dangerous knife, dirk, razor, stiletto,
imitation pistol, or any other dangerous or deadly instrument or weapon
with intent to use the same unlawfully against another; or

§ 265.00 Definitions.
As used in this article and in article four hundred, the following
terms shall mean and include:
5. "Gravity knife" means any knife which has a blade which is released
from the handle or sheath thereof by the force of gravity or the
application of centrifugal force which, when released, is locked in
place by means of a button, spring, lever or other device.

§ 265.15 Presumptions of possession, unlawful intent and defacement
4. The possession by any person of the substance as specified in
section 265.04 is presumptive evidence of possessing such substance with
intent to use the same unlawfully against the person or property of
another if such person is not licensed or otherwise authorized to
possess such substance. 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.

If I arrest you, and you have a butterfly knife, I'm going to consider it a dangerous knife, and charge you with CPW.

[nypd7748]

You're a collar; criminal possession of a weapon

[phvex]

but according to that court case, a butterfly knife isnt a gravity knife and if i have no malintent how can it be a crime? if i were to be arrested, and i went to court wouldnt it just be thrown out because of the precident created by the above court case?

[nypd7748]

You are right, the court case states that a buterfly knife isn't a gravity knife. I would arrest you because I believe that knife is a dangerous knife as stated in Penal Law 265.01

[Hoffa218]

It appears that he got off on a clear cut technicality(pun intended ) Noting is mentioned in the brief about intent, just that under the section charged, the court didn't feel that butterfly knife measured up to the definition of "gravity knife". If on the other hand he had been charged with PL 265.01 sub 2 (dangerous knife) it probably would've stuck(puns all over the place! :p )

I don't know where the court came up with the blade having to automatically lock in place. I had a butterfly knife that was locked into place by a lever on the bottom of the knife. The Penal Law doesn't make any mention of 'automatically'. You really can't fault the Queens DA for going with 265.01 sub 1 based on that definition. It just seems like it was an odd interpretation by the court, and it seems to be backed up by other case law.

Once again, this wasn't dismissed on intent. It was dismissed based on the view of the PL definition. PL 265.01 sub 2 might've flown depending on those other counts against Zuinga. He also could've been charged with violating the NYC Admin Code (not sure of the section) or NYCRR if he was in the subway/transit facility.

[phantasm]

You are right, the court case states that a buterfly knife isn't a gravity knife. I would arrest you because I believe that knife is a dangerous knife as stated in Penal Law 265.01

and with a dangerous knife, intent to use unlawfully is implied in 265.15 sub 4.

Did this guy read what i posted? I even BOLDED all the important info on both the gravity knife arguement AND the dangerous knife argument.

[Reapp]

What other uses does a butterfly knife have?

[mobrien316]

What other uses does a butterfly knife have?

Come on! There are dozens of uses for a butterfly knife:

You can stab someone in the stomach, you can stab someone in the chest, you can stab someone in the leg, you can stab someone in the shoulder, etc...

:D

[Joeyd6]

YOur WHOLE THEORY IS WRONG!!!!

In that court case, the guy was charged with 265.01, sub 1!!!!
That means when it went to court, they (district attorney and jury) could only use the words in that paragraph to describe the weapon. NOTE that a jury convicted him. That means impartial citizens of NY State believed in fact it did meet the definition of gravity knife. The Supreme Court over turned such.

This whole thing was over a TECHNICAL paperwork mistake.

The proper charge for a butterfly knife is 265.01, sub 2!!!
-All that would be needed to prove such case then is the officers to articulate why he believes the knife is dangerous. Period. You case law in such a case would be irrelevant due to it relating to sub 1, and you would be charged with sub 2.

Don't believe me...try it! I promise you I know I would lock you up for Ciminal Posession of a Weapon. And you don't need a knife like that for anything practical anyways. It is ridiculous to carry it and you are risking an arrest and jail time.

[phvex]

i dont own such a knife but the thought of purchasing one had crossed my mind because i am a knife collector. but i appreciate all of you time commenting on this question. thank you for cleaing things up for me.

[FSCF3801]

It is also illegal to import switchblade knives into the U.S. unless you are a one armed man........ (seriously I'm not joking) Section of law is 19CFR12.97

TITLE 19--CUSTOMS DUTIES

CHAPTER I--BUREAU OF CUSTOMS AND BORDER PROTECTION, DEPARTMENT OF
HOMELAND SECURITY; DEPARTMENT OF THE TREASURY

PART 12_SPECIAL CLASSES OF MERCHANDISE--Table of Contents

Sec. 12.97 Importations contrary to law.

Importations of switchblade knives, except as permitted by 15 U.S.C.
1244, are importations contrary to law and are subject to forfeiture
under 19 U.S.C. 1595a(c).

[T.D. 90-50, 55 FR 28192, July 10, 1990]


15USC 1244
TITLE 15--COMMERCE AND TRADE

CHAPTER 29--MANUFACTURE, TRANSPORTATION, OR DISTRIBUTION OF SWITCHBLADE
KNIVES

Sec. 1244. Exceptions

Sections 1242 and 1243 of this title shall not apply to--
(1) any common carrier or contract carrier, with respect to any
switchblade knife shipped, transported, or delivered for shipment in
interstate commerce in the ordinary course of business;
(2) the manufacture, sale, transportation, distribution,
possession, or introduction into interstate commerce, of switchblade
knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in
the performance of his duty; or
(4) the possession, and transportation upon his person, of any
switchblade knife with a blade three inches or less in length by any
individual who has only one arm.

(Pub. L. 85-623, Sec. 4, Aug. 12, 1958, 72 Stat. 562.)

Section Referred to in Other Sections

This section is referred to in section 1245 of this title.

[Joeyd6]

i dont own such a knife but the thought of purchasing one had crossed my mind because i am a knife collector. but i appreciate all of you time commenting on this question. thank you for cleaing things up for me.

COLLECTORS don't carry them around, so this would not be an issue. They keep them in collection and usually at home or on display at home. If yoru worried about owning one and keeping at home, you have nothing to worry about.

But carry it outside your house and your looking for trouble.

[phantasm]

COLLECTORS don't carry them around, so this would not be an issue. They keep them in collection and usually at home or on display at home. If yoru worried about owning one and keeping at home, you have nothing to worry about.

But carry it outside your house and your looking for trouble.

I was going to say something to that effect about the collecting as well.