A Primer on Knife Regulations in New York City
Eclectic as the New York City population might be, knife laws in the city are somewhat more straightforward than those concerning firearms. The primary focus of the law is on broadly prohibiting the possession or use of dangerous weapons of all kinds, which include not only knives, but also "dirks, daggers, razor blades," and other types of pointed instruments. To this end, N.Y.C. Admin. Code § 10-133 provides that "[i]t shall be unlawful for any person to carry or possess with intent to use any dangerous knife upon any other person." Although this law is not limited to knives alone, no list exists of the types of objects that are considered a knife under the law. General prohibition of carrying a knife with an unlawful intent therefore offers the only direct guidance regarding what objects fall within the scope of prohibited conduct. For this purpose, a number of important exceptions apply. First, the law does not prohibit the possession of "any knife which is not unlawful per se , carried in such manner and under such circumstances that such carrying shall not be unlawful." Second, the code does not prohibit the possession or use of a knife "in self-defense, lawful commerce, in the constitutionally protected exercise of religion, or in the constitutionally protected exercise of journalism." Third, subject to a number of exceptions, the law also provides that "the use, attempted use or threatened use of a dangerous knife in self-defense" constitutes an affirmative defense to charges under this statute (as well as others involving knives). Wherever New York and New Jersey gun laws are concerned, the line between the prohibited and the permitted can be ambiguous. Furthermore, the laws and regulations covering the use and possession of knives carry similar penalties. For instance, any violation of the general prohibition regarding knives in New York City may result in a fine of up to $1,000 or imprisonment for up to one year – the same penalties which apply to violations of the N.Y.C. Adm. Code § 10-131 regulation of the possession and carrying of knives.
Categories of Knives Subject to Regulation
New York City has a broad definition of what qualifies as a knife. Pursuant to New York Penal Law 265.00, a knife is defined as anything "commonly known as a dagger, dirk, razor, stiletto, or other dangerous knife, or other dangerous instrument." But there’s no need to limit your understanding of weapons to the common names of knives used in the late 1800s and early 1900s. Modern weapons can be included in the general description of "knife" if it has "a blade which is readily retrievable from the sheath or a folding or retractable blade which is released by a type of mechanical action, such as gravity or centrifugal force."
As defined, knives potentially include switchblade knives, dirk knives, bladed belts (yep, these would technically be classified as "razors" under the laws), stiletto knives, flick knives, cane swords, box cutters, all folding knives, and even utility knives.
This is a long list of weapons’ names, right? But what exactly does that mean?
It means that almost any type of knife can be considered a knife for the purposes of New York law. However, key exceptions include "folding knives," sometimes referred to as folding-blade knives, folding knives, or switchblade knives. Yes, you read that right, even switchblade knives aren’t regulated in New York City.
Folding knives are weapons where the blade opens to a full length when you press a button or flick your wrist – like a switchblade. Technically, New York law defines a switchblade as any knife that automatically opens with the use of centrifugal force or gravity, or an outward, automatic, or mechanical device. Because of this broad dimension of what constitutes a knife, both switchblades and folding knives do not qualify as illegal "gravity knives."
Penalties for Breaking New York City’s Knife Regulations
Violating knife laws in New York City is a serious matter that can lead to substantial legal consequences. In general, any knife that is considered illegal in the NYC is prohibited. Although some knives are easier to hide than others, if you are stopped by an officer and you have one of the following weapons on you, you can expect a citation or worse to follow.
The Penalties and Criminal Charges for Violating New York Knife Laws If a weapon is found in your possession, you may be charged under one of the following: A Class A misdemeanor up to $1,000 maximum fine and up to 1 year in jail. – New York Penal Law 265.01 Miscellaneous weapons offenses. a. Unlawful possession of a noxious thing intending to cause public alarm; penalty. b. Unlawful possession of a noxious thing with intent to cause injury. Committed when person possesses a noxious substance or dangerous instrument with intent to use the substance or instrument for the purpose of causing physical injury to another person and thereby recklessly causes physical injury to another person. Unlawful possession of such an item with intent to cause physical injury to more than one person is a class D felony. The weapon must be prohibited in NYC for it to fall under this charge. – New York Penal Law 265.02 Criminal possession of a weapon in the fourth degree. Criminal possession in the fourth degree is a class A misdemeanor. It means to possess any of the illegal knives or daggers prohibited in NYC. Second degree is a class D felony and means to possess a billy, blackjack, bludgeon, or similar instrument. This is usually handed out as a charge for people who use these items to commit a crime. – New York Penal Law Section 265.03 Criminal Possession of a Weapon in the fifth degree. It is a misdemeanor for a person to possess a knife with the intent to use it unlawfully against another person. This is usually issued when someone possesses a knife on a college campus or to a fight. Even though an unloaded knife that fits the cutlery description isn’t technically illegal, if you plan to take it anywhere with any indication that it may be misused, it’s best to keep it at home. – New York Penal Law 265.04 Criminal possession of a weapon in the third degree. This occurs when a person possesses a "gravity knife" or a "switchblade knife" and intends to use it unlawfully against another person or for any use that is unlawful. Note that a gravity knife is defined as a knife that has a blade which, when the blade is released from the handle, is designed to be opened, or is capable of being opened by the force of gravity, inertia, or by the application of direct pressure on the knife itself, or by any type of mechanism. For example, a blade that is released from the handle with the push of a button. Switchblade is defined as a knife with a blade that, at the touch of a button or the movement of a lever, protrudes from the handle. Usually those that spring open when pressed will qualify as switchblade knives.
Potential Fines and Penalties All of these criminal charges carry max penalties of 364 days in jail plus fines. With a misdemeanor the judge may impose an additional fine of up to $1,000. In the case of felonies there can be a combination of prison time and fines.
In addition, the NYC Police will confiscate weapons treated in this sentencing. You are allowed to keep certain knives under Misdemeanor offense but not all. The NYPD does retain blades and may discard them or may try to hand them over to the owner at a later date. You may be better off losing it.
Exemptions and Special Cases
While most folding knives fall under the category of "gravity knife," there are some marked exceptions to the law. On the state level, an exception exists for knives that are licenced by the state in order to be used in military or for official duties. NYC criminal law also has exceptions for certain professions which include, but are not limited to: daggers and dirks which can be used for the manufacture, preparation, wrapping or/or tying of goods sold at retail, as well as ceremonial and religious needs . So, for example, a butcher, a butcher’s assistant, or a meat cutter would be forgiven for carrying a knife which contains a blade longer than five inches (NYC criminal law states that a dirk or dagger is treated as a knife but a weapon if it has a blade longer than five inches). While the term "dirk" is often used to describe a small knife-like blade, its definition can include a blade of any length as long as it has a secured hilt. This is often the case with ceremonial daggers used by certain groups or organizations. In addition, religious organizations such as the Knights of Columbus, ceremonial daggers used practice, defense or protection, and ceremonial MC Machetes (which includes those from ceremonial events) are excluded from many knife laws.
Amendments to Legislation
As with any body of law, legislative amendments and changes to judicial precedent are possible. New York is no different. In 2019, a new law took effect that lowered the allowable size of a knife and increased restrictions on folding knives. Governor Andrew Cuomo signed Bill A2747 into law for the purpose of standardizing the law on knives throughout the State. However, this new law contains some gray areas that will likely be litigated in the coming years.
In short, the new law will eliminate the distinction between a gravity knife, a switchblade, and a pilum ballistic knife, meaning that any knife with folding blade will be banned in New York City. For the purposes of clarity, a scissor-type knife is not considered a folding knife unless it can be opened by one motion.
The new law gives the police department discretion in situations involving folding knives. Under the amended statute in N.Y. Penal Law § 10, a folding knife "having a blade length greater than four inches is prima facie evidence that it is an unlawful gravity knife." This means that the police department may cite individuals with folding knives, which are over four inches long, as unlawful gravity knives, rebuttable with evidence to the contrary. The law does not define what "evidence to the contrary" looks like or how such a defense would be initiated.
The amendment has also been challenged based on preemption. The New York City Council had passed a ban on certain types of knives in 1958, but the statute has never been squarely on point with respect to folding knives. The City could challenge the amendment on preemption grounds because, upon its passage, it was taping into the field of self-defense law, an area largely untouched since 1890.
Lastly, the statute anticipated a revision to the Criminal Procedure Law § 160.50, which allows for the expungement of non-judicial dispositions following apprehension, charge, or trial. The prior statute required that if an individual arrested with a gravity knife, switchblade, or pilum ballistic knife received an adjournment in contemplation of dismissal ("ACD"), then their records of the arrest must be sealed. The language has changed, and now if the arrest involved a folding knife, over the statutory length of four inches, then the dismissal must be sealed. This means that even if the police department wishes to hold the ACD for over six months, they are required to seal it at this statutory length.
This new law does not require the individual to protest the ticket if they are issued one. If you are facing a citation, consult with an experienced New York criminal defense attorney immediately.
Safety Precautions for Knife Owners
Owning a knife in New York City is not illegal, and many are carried by city residents who are familiar – as well as susceptible – to the laws regarding where and how a knife can be carried. That said, here are some knife safety tips every NYC knife owner should know:
Always Inspect Your Knife for Functionality and Quality. Prior to putting a new knife into use, the owner should inspect the knife for any manufacturing flaws, missing bolts, screws, or guards, and wear and tear once placed into use. If found, these issues should be addressed immediately. Knives that do not have guards or bolster should have a smooth handle. Does the knife blade freely rotate? If so, the knife owner should ascertain whether this is a manufacturing feature or defect. Some blades are manufactured with a slot to allow for tightening and adjustment, while others are not. If the bolt has sheared, it needs to be replaced.
Make a Distinction Between a "Tool" and "Deadly Weapon." There is a fine line between a tool and a deadly weapon, therefore, a tool should be designed and used for the intended purpose of performing a task or job. This means the knife is being used as a tool to cut and does not exceed its benefit. Conversely, a deadly weapon is, by nature, designed for the purpose of inflicting death or serious injury on another person. A deadly weapon is any device, instrument, material or substance, animate or inanimate, which, under circumstances in which it is used, attempted to be used or threatened to be used, is likely to cause death or other serious physical injury.
Look for Non-Locking Knives. For those unfamiliar, a non-locking knife blade cannot be locked in an open position. In NYC , it is preferable that individuals purchase a non-locking knife in order to better comply with the law. The risk of the blade of a locking knife inadvertently closing or shutting when in use may present a heightened risk of injury and can cause potential prosecution. Those who have chosen not to buy a locking knife should use extra caution when the knife is being opened or closed.
Consider Using a Sheath or Scabbard. Box cutters and similar tools of this nature should be secured in a sheath or scabbard when not being used. Sheaths and scabbards should be made of sturdy plastic or rubber and should be placed over the belt or around the waist. If a sheath or scabbard is not available, a knife should be placed in a purse, knapsack, briefcase, backpack or some other breast pocket in order to protect the blade.
Keep the Knife Blade Concealed. A concealed knife is one that cannot be detected by a casual inspection by an ordinary and reasonable observation. Do not simply place a knife in a wallet, briefcase, or purse infrequently, and hope the blade will remain concealed. While the law does not require knifes to be concealed, what can be concealed by an outer coat or jacket, or minimized in a pocket, should be concealed.
Ensure You Understand All Laws regarding Knives. New York law is very difficult to navigate and different decisions, such as case law, as well as amendments to statutes and rules interpreting laws, make it even more challenging. For example: Physical evidence of a knife (i.e. finding it at a crime scene) does not necessarily mean the owner of the knife has also committed a crime with it. The law has developed to recognize that the mere possession of items with which an unlawful object can be created does not constitute an attempt to create the unlawful object itself. The mere possession of a knife, or any object with which a knife can be fashioned, as necessary to create its own inherent propensity notwithstanding. Knife owners should be aware of their local laws as well as legal implications for carrying certain knives.