Sources

NOW WITH SOURCES*!

Wednesday, March 30, 2011

Is it legal to carry a pocket knife in NYS?

Dilemma:
      -You are unsure whether it is legal to carry a pocket/ utility knife


Short Answer:
       -Yes

Rationale:

Recently in a police traffic stop (always enjoyable) they confiscated my little folding utility knife (Gerber EAB).  It is a small, standard-utility-blade tool which I expressed I carry for my job although to no regard from the ignoramus policeman.  


Upon examining NYS law, it IS legal to carry a knife, so long as it is not spring-assisted or gravity assisted (one-hand open by design) or deemed dangerous by any of the following:
  •  its own characteristics which show that it is primarily intended for use as a weapon
  • a modification, which converts what would otherwise be a utensil into a weapon
  • the circumstances of the possession which may reveal that the possessor considers it a weapon and not a utilitarian tool.

 So my knife was unlawfully confiscated from me and never returned.  I plan on taking it up with the station and getting it back.  The only reason it could be perceived as modified might be the addition of grip paper to the exterior, but this does not change its obvious civilian function.  My recommendation would be to know and cite this law if you are hassled about carrying a pocket knife in New York State and make it clear that it is not a weapon but a civilian right.

Source(s): http://www.donath.org/Rants/NYKnifeLaw/

No comments:

Post a Comment