Do I need a concealed weapons permit to carry a knife in New York State?

Question

I have a 3 1/2" folding knife given to me by a friend for use in self-defense but I haven't taken it out yet because I don't know if I need a permit to carry it. If/when I do bring it with me, it would be when I walk around the downtown area of a city. Does anyone know if I would need a permit to carry it? It's not like a hunting knife; it's 3 1/2" long and when unfolded looks rather much like an unserrated steak knife

Thanks! :)

Answer 1

OK, I would say no, unless NY has some type of way strange law. A deadly weapon is illegal and illegal to conceal in any state. A pocket knife although could be a deadly weapon is not classified as a deadly weapon because it takes two actions to cause injury or death. It closes, therefore you have to take it out of your pocket, open it, then use it. Can it still be considered a deadly weapon? Yes, if that is what you intend to do with it. Personally, if someone reaches into their pocket, I take a step back. If they remove a pocket knife from that pocket, I step back farther. If they open the knife, I am already a good distance away. So the intent has to be there.

Answer 2

It is a common misconception that knife regulations are based on length.  This is only true in certain states and cities.  But not New York state (excluding NYC, which has a 4 inch blade limit).

New York State is a "judgement call" state with regards to knives, meaning that a knife is illegal if its appearance suggests that is it intended to be used as a weapon.  This judgement is first made by a policeman who sees it, who may then arrest you, and then the judge would take a look at it and make his or her own conclusion.

Here is a caselaw that spells it out:

"Whether a "knife" is a "dangerous" knife may be determined on the basis of three alternative considerations: one, its own characteristics which show that it is primarily intended for use as a weapon; second, a modification, which converts what would otherwise be a utensil into a weapon; and third, the circumstances of the possession which may reveal that the possessor considers it a weapon and not a utilitarian tool."  - Matter of Jamie D., 59 NY2d 589 (1983).

So if your knife is pretty ordinary and looks like it belongs in a boy scout's or general contractor's pocket, it's probably fine.  I'm pretty sure that NY, like many states, does not issue knife concealed carry permits, only gun permits (don't ask me why, I think that's dumb too).  But if you not committing any crimes or waving it around near police officers, their not going to see it in the first place.

However, (straying into commentary now) I would not rely on it for self defense.  Having investigated stabbings, the person stabbed can continue to beat on you for several minutes and never feel it.  They may die later that night is the hospital, but they may have already killed you by then.  A knife MAY scare a baddie, but not always.  I cannot emphasize the usefulness and effectiveness of Pepper Spray enough.  It has saved me more times than I care to remember, along with a short waxwood walking stick I often carry at night.

Answer 3

No.

If you are 21, why not get a permit for a pistol?...if you feel you need protection.