Pen Knife

[adamappleipod]

i want to know i was thinking about buying a pen knife from amazon.com but dont know if it's a legal Knife or not and if it is can you carry it in your pocket i live in Ny

Ps. it's the one thats a pen and inside has a knife

[valycop]

§ 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 or she possesses any 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, 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
(3) He or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon a building or grounds, used for educational
purposes, of any school, college or university, except the forestry
lands, wherever located, owned and maintained by the State University of
New York college of environmental science and forestry, or upon a school
bus as defined in section one hundred forty-two of the vehicle and
traffic law, without the written authorization of such educational
institution; or
(4) He possesses a rifle or shotgun and has been convicted of a felony
or serious offense; or
(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States; or
(6) He is a person who has been certified not suitable to possess a
rifle or shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person is certified not suitable to
possess a rifle or shotgun, a member of the police department to which
such certification is made, or of the state police, shall forthwith
seize any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent
jurisdiction.
(7) He knowingly possesses a bullet containing an explosive substance
designed to detonate upon impact.
(8) He possesses any armor piercing ammunition with intent to use the
same unlawfully against another.
Criminal possession of a weapon in the fourth degree is a class A
misdemeanor.

[mcsap]

Can you tell us WHY you want this " pen knife " ??

[icu650]

There are many variables involved when carrying a knife like this;
This knife is not really a work tool like a carpet knife or sheet rock knife etc.
This knife in and by itself does not fit in the category of Vio. sec. 265.01 Poss. of a Weapon
This knife in and by itself does not fit in the category of Vio. sec. 265.02 a dangerous instrument.
In the matter of dangerous instruments INTENT to use unlawfully against another needs to be shown. Did you take this pen knife and use it to open an envelope? No problem.
Did you take this knife remove the top, point it at someone and to threaten injure him.- Poss. Dangerous Instrument
Did you use this knife to protect your self in a self defense manner. Up to the courts.
You need to realize that any item can be deemed a dangerous instrument. It all depends on whether you are in possession of such item with the intent to unlawfully use against another.
I am driving my car to the bank. No problem
I am driving my car to the bank and try to run over my ex-wifes new husband- Among other charges this vehicle is now a dangerous instrument.
I am not a lawyer and these are my thoughts only. If I am wrong please tell me and clarify.
I would keep the knife home in a display and learn karate.