Question:

Is it illegal to carry a knife less than 4 inches in newyork city?

by  |  earlier

0 LIKES UnLike

i have been resarching this for a few weeks but i end up getting confuse would it be illegal to carry a knife that is less 4 inches in newyork or is it legal

 Tags:

   Report

1 ANSWERS


  1. No it is not illegal at face value, but there's more to it than just length:

    New York City has a restriction on carrying concealed knives that have blades 4" or more in length.  However, there is also New York state law on top of this

    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.  Swiss army knives, multi-pliers, package cutters are usually fine.

Question Stats

Latest activity: earlier.
This question has 1 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.