NY Knife Laws 101: The Complete Guide

A Primer on the Knife Laws of New York

The legal framework regarding the ownership and carrying of knives in New York is governed by the New York Penal Law §265.01(1), which states that "A person is guilty of criminal possession of a weapon in the fourth degree when he or she possesses: . . . (f) A dagger, dangerous knife, razor, stiletto, or imitation pistol, gravity knife, dirk, or switchblade knife with a blade of four inches in length or more, except for an "imitation pistol" as defined in subdivision one of section 270.00 of this chapter.
"Imitation pistol" means an imitation or facsimile firearm manufactured or sold in such a manner that it appears to be an actual firearm but is not a firearm as defined in subdivision twenty-two of section 265.00 of this chapter. A switchblade knife is "a knife containing a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife".
To get a general understanding of the type of knives law enforcement would be looking for, it is a good idea to take a look at the definitions of the above terms: "A dangerous knife is one that has a fixed blade that can also be considered as a deadly weapon . Thus, daggers, dirks, razors, stiletto knives and other non-folding knives with blades of any size are not dangerous knives under subdivision (f). Indeed, only a folding knife can be found to be a dangerous knife. In other words, under subdivision (f) can be found only those folding knives that have blades four inches or more in length." People v. DeFoe, 86 NY2d 116, 122 (1995). A "gravity knife" is "one that has a blade that drops when the handle is gripped (a gravity-activated blade), and that stays on a track or rail until the handle experiences sufficient jarring or jolt to allow the blade to drop free, without further manual action on the part of the wielder." People v. Molinaro, 2016 NY Slip Op 50998(U) (Co Ct, Albany Cty 2016). "An imitation pistol is either 1) an air pistol or 2) any pistol-like object manufactured and sold in such a manner that it accurately resembles a real pistol to those who might behold it. There must be a subjective test of potential harm to be imposed, or else even a toy pistol, working water gun, or even a roll-up toy pop pistol might be used to trigger a criminal charge." People v. Dorelas, 16 NY3d 865, 308 (2011). As stated, an imitation pistol falls under the definition of "weapons" as they fall under the definition of imitation pistols.

Categories of Knives and Their Legality

The diversity in types of knives, from a butterfly blade to an "ordinary" pocket knife, presents a particular challenge under our current scheme of legal knife classifications. As with any other classification challenge, the law strives for clarity, and, not surprisingly, sometimes misses. While no knife is specifically legal or illegal, New York laws declare certain classes of knives illegal to possess. Each class is contingent upon certain factors, like length or type of mechanism.
The first knife is probably the most important for our present purposes: the "switchblade" knife, per definition, has: (1) a blade that is either automatically opened by a mechanical device or another means (like gravity, or inertia); (2) measures over 4 inches in length when open; and (3) is capable of being held in one hand (which would disqualify any bulky switchblade).
While knives meeting this definition are illegal to possess in New York State, they are legal to possess on Federal property, including most airports.
Gravity knives are often considered to be a sub-class of switchblades, falling under the same definition. However, your folding knife could also be considered a gravity knife if it has a well-worn lock. A lock can be defined as: (a) a part of the knife which is designed, and functions, as a device to keep the blade from falling closed or opening due to the force of gravity or application of centrifugal force. This means that folding knives that have a so-called "worn" or "bent" lock may fall under New York’s gravity knife laws. This is an area of intense and evolving litigation, with new cases relating to whether a folding knife is a "gravity knife" still being decided.
If you happen to possess a knife that meets the switchblade or gravity knife definition, then the real question becomes whether you can legally possess it. Unlike other States (Like New Jersey), NY has no provision allowing you to explain why you possessed your knife. Instead, there are two situations where possession of an otherwise illegal knife is legal: if you are a member of the military (or their authorized personnel, like members of the ROTC or Civil Air Patrol), or if you own a hunting, fishing or trapping license. Then, you are free to possess so long as you use your deadly weapon according to its terms and conditions, like carrying your knife to do some hunting.
In addition to knives defined above, New York state law mentions the double-bladed knife, dagger, dirk, stiletto, and a "ballet type knife." These remain classified as illegal to possess, but without further judicial interpretation, it is hard to say whether they include any knives that would otherwise be legal.

Penalties for Violating New York Knife Laws

Violating New York knife laws can lead to serious legal consequences, the extent of which may depend on the types of knives involved as well as the circumstances surrounding their use or possession. Primarily, knife crimes in New York can be broken down into two categories-certain types of knives that are illegal to carry and the unlawful use, sale, manufacture, or disposal of knives.
Possession of Certain Knives (Penal Law 265.01(1)): The unlawful possession of plastic knuckles, black-jack type slungshots or "slungshot," or "any dagger, dirk, razor, knife…which has a blade which is two or more inches in length" is a criminal charge, even if you are not holding or using the knife at the time of your arrest. This violation is a Class A misdemeanor, which is punishable by up to 1 year in jail or 3 years’ probation, as well as the possibility of a $1,000 fine.
Assault with a Dangerous Weapon (Penal Law 120.05(4)): Assaulting another person with a dangerous knife weapon (becomes aggravated assault if committed with a knife with the intention of causing serious physical injury or death, Penal Law 120.12) is a Class D felony. This criminal penalty can result in no more than 7 years in prison, as well as parole and probation requirements.
Menacing (Penal Law 120.15) or Menacing in the Second Degree (Penal Law 120.14): Menacing someone with a knife can be charged as a Class B misdemeanor or a Class A misdemeanor in the first degree if the weapon is involved with intent to cause serious physical injury. These violations carry up to 3 years in jail, 5 years’ probation, and/or fines.
Unlawful Use of Weapons (Penal Law 265.02(4) & (5)): Using the above knives unlawfully can result in either a crime involving intent to use a weapon unlawfully, or two or more weapons such as switchblade knives, cane guns, disguised guns, imitation guns, billy-bows, or cane swords. Both of these violations are misdemeanors that carry criminal penalties of up to one year in jail and extended probation requirements.
The above penalties can include jail sentences, probationary periods, and fines. If any of the above knife crimes involved injuries or sexual offenses, you will also be required to register as a sex offender under SORA, the Sex Offender Registration Act.

Permissible Uses and Exceptions

Despite the restrictive nature of New York’s knife laws, there are exceptions to knife ownership, many of which require a knife permit or other proof of an exception that can be compelling in an area of law where courts are given wide discretion. Take, for example, the Public Health Law. Under Public Health Law Section 594, "Persons Licensed to Practice Certain Professions" are permitted to possess and use weapons or instruments "insofar as they are necessary in carrying out their occupations." This section applies specifically to dentists (dentists’ tools are exempt from the definition of knife), pharmacists, physicians (including medical interns), licensed practical nurses, and registered professionals (including inspectors, disinfectors, and exterminators). There is a similar provision under General Business Law Section 350-A for "Persons Licenses to Practice Certain Professions." This section grants exemptions for certain professionals in specified fields (private investigatory field), as well as those engaged in "the construction or repair of buildings, bridges, railroads, ships, boats, engines , or machinery of any kind." Also exempt from the knife laws are certain activities. For example, the Recreation and Historic Preservation Act exempts knives that are "necessary for the accomplishment of an authorized activity." This law provides that the use of a knife for "making a mark, cutting a recess or removal of a tree," to conduct "an archeological investigation," or to "study, collect, excavate, or remove fish, wildlife, rocks, minerals, or specimens of historic interest" is expressly permitted. Further, the laws governing hunting, trapping and fishing with a spear provide that "The use of a spear or spearing device which incorporates a knife or similar bladed instrument of not less than three inches in length upon the point of the spear is permitted so long as the blade or knife is not more than four inches in width." The harvesting of rough fish such as carp is also permitted throughout the state without a permit, but it is unlawful to "use while netting any such rough fish . . . any spear, gig, trident, or other sharp or pointed instrument or weapon of any kind," except in the counties of Cayuga, Erie, Niagara, Orleans, Wayne, and Wyoming.

Recent Developments and Knife Law Updates

Recent developments in New York knife laws have been few and far between, as knife legislation has largely remained consistent for the past several years. In the interest of full transparency, however, there are a few recent changes and clarifications in this area of law that knife enthusiasts and potential purchasers should know.
In April 2019, Governor Andrew Cuomo signed into law a bill that would decriminalize all forms of gravity knives in New York, which could potentially include many standard folding knives with "assisted opening" mechanisms. While it is difficult to predict exactly what effect the law will have on the state’s knife laws, it is the most significant change in the last few years. Similarly, the use of butterfly knives, or balisongs, is set to be decriminalized beginning November 2019. Previously, it was possible to be charged with criminal possession of a loaded balisong. Now, it will only be illegal to possess a balisong when it is closed, and it is considered to be loaded, meaning that it is opened, with the handle used to conceal the blade. Knife purchasers are also advised to stay abreast of any developments in the Knife Rights, Inc. v. City of New York case, in which the Court of Appeals for the 2nd Circuit recently handed down an unfavorable ruling against Knife Rights. The organization filed suit in April against the New York City Police Department over its gravity knife rules and regulations, but suffered a major setback when the court ruled that the organization did not show sufficient evidence that the NYPD’s knife rules were unconstitutional.

Tips for Complying with New York Knife Laws

Practical advice for both Long Island and New York City residents and visitors should be to better understand the law so they can manage their knife ownership, possession, and use in accordance with the current legal standard set forth in the New York Penal Law as judged by attorney experience. This requires that knife enthusiasts have at least a rudimentary understanding of New York’s knife regulations, and how such regulations have been interpreted by courts. If you own, possess, use, buy, sell, or manufacture knives in New York consider:
This may include configuring the blade attachment method to fall into a certain category of knife. For example, buyers may choose to use screws as opposed to a rivet to attach the tang to the handles. Screws are removable and can be used to make a knife legal under the closed-knife threshold length; rivets or other permanent attachments will not allow the knife to be eventually resized under circumstances that would otherwise make it legal. On the flip side, what may be a perfectly legal folding knife in Long Island may be illegal in New York City (and vice versa). As such, different setups may avoid prosecution for these same knives.
There are two sides to this question . The first is that if carrying something you carry every day happens to be legal then theoretically there should be no reason for concern (unless it is illegal for some other reason, like being prohibited from being around schools or other locations). The other side, however, is that whether something is legal may be up to interpretation. In some cases knives may have a blade over the legal limit for length and are therefore concealed instead of overt. Other knives may be concealed regardless of length, including those carried openly.
New York Penal Law Section 265.01(2) states that if someone possesses a knife for "general lawful purposes," such as to use in their home, workshop, or their place of business where the primary function of the business is open to the public, then the conviction shall not stand. It is, therefore, beneficial to determine whether the knife is used for general lawful purposes so a defense can be raised. Specifically, if someone was pulled into court due to possession of a knife, it may be helpful to work with an attorney to file a motion challenging the arrest. It is important to seek counsel quickly, however; the timeline for filing is strictly limited.