Overview of Knife Laws in New York
In New York, knife laws have undergone significant changes through the years, especially in the context of switchblades. A switchblade is a type of knife that has a blade that is folded within the handle and deployed by some mechanism, such as a button, when pressed. In 1958, however, switchblades became illegal to own in New York State due to growing concerns over crime. Outside of law enforcement and military uses, the knives could not be made, transported or sold. Further, it became illegal for New York residents to import them into the state.
The switchblade ban remained in effect for more than half a century , until 2018. As of January 1 of that year, new legislation took effect that no longer banned switchblade ownership for New York residents. The new law also permits the sale within the state, as well as display in establishments that would sell them, and the transportation and importation of switchblades by New York residents.
Keep in mind that federal law still prohibits the import of switchblades to the U.S. This means that even though switchblades are no longer banned under New York law, you cannot possess them if you have illegally imported them into the country. Violating the law could subject you to up to one year in prison.
Switchblades Updates under Current Law
In New York, the legality of switchblades has undergone a significant evolution. As late as March 2010, Section 265 of the New York Penal Law included, in subsection 4 (a), what was known as the "Switchblade West Law" which expressly outlawed any person to possess a switchblade or similar device such as a spring blade knife. A switchblade, commonly known as a folding knife, is defined in the law as a knife, including a "ballistic knife", that has a blade that opens automatically by hand pressure applied to a device such as a button or a lever located in the handle of the knife.
As part of the 2017 legislative session, New York State Governor Andrew M. Cuomo signed into law legislation that repealed the Switchblade West Law. In its place, there is now a provision that makes it a class C misdemeanor for any person to "knowingly possess a dagger, dirk, razor, stiletto, prayer knife, throwing knife, epée, and any other dangerous knife." The weapons covered include the very same daggers, dirks, razors, stilletto, prayer knives and throwing knives in the old law, but have deleted the language regarding "any other dangerous knife."
Except for the specifics in the new law that make possession of the identified items a class C misdemeanor, the balance of the old law has not been amended. This means that except for repeal of the Switchblade West Law, all the prior prohibitions and exceptions continue to be in effect.
Carrying Knife Exceptions
However, there are a couple of exceptions to the general prohibitions against switchblades under the New York Penal Law. Both exceptions involve law enforcement officers. The first exception, found under NY Penal Law 265.10(1), allows for certain members of law enforcement to possess switchblade knives, dirks, daggers, and other dangerous weapons during the course of their official duties: "The provisions of subdivisions [1] and [2] of this section shall not apply to […] officers of the armed forces or members of the organized militia while on duty, officers of the correctional, parole and probation departments and peace officers, probation officers, parole officers and police officers of those agencies of the city of New York specified in section two hundred thirty of the [New York] civil service law." Second, police officers testing suspected switchblades are permitted to possess switchblade knives as evidence during the proper execution of their duties: "… a peace officer acting pursuant to his special duties or a police officer when he is directly involved in the testing of an article seized as being such weapon and is responsible for the safekeeping thereof or when he has reasonable grounds to believe that a seizure may soon be made pursuant to a search warrant…"
Penalties for Knife Law Violations
The legal consequences of violating switchblade laws in New York can be severe. Under N.Y. P.L. § 10.00(4), the unlawful possession of any dangerous or switchblade knife is a Class A misdemeanor. This means that a first offense could carry a county jail sentence of up to 1 year or a fine of up to $1,000.00. Furthermore, if you have one or more prior convictions for the same offense, the charge can be bumped up to a Class E felony – with a maximum prison sentence of four years.
In practical terms, this means that if you are arrested for possession of a switchblade in New York carrying a valid knife permit, you are likely to be charged with a Class A misdemeanor. If you are convicted, the court has the option of imposing a sentence of diversion, probation, conditional discharge, or a suspended sentence.
A conditional discharge is a type of post-arrest diversion, meaning the defendant is subject only to a mandated period of supervision. During this time, the prosecutor may agree to drop the charges against the defendant if they complete a pretrial intervention program. Conditional discharges are typically used in cases involving minor criminal offenses or where the court deems the defendant’s actions to be a non-threatening lapse of judgment.
Probation, on the other hand, is a post-trial intervention that allows a defendant to avoid incarceration by agreeing to live within certain restrictions and completing a period of supervised behavior. Although less severe than conditional discharge, a probationary sentence is more interventional than a suspended sentence.
If you are caught using switchblades unlawfully, the penalties are much more severe. The manufacturer of the knife can be fined a minimum of $500 (up to $5,000 for third offenses). Offenders are also subject to a minimum one-year prison term that may extend to five years depending on the circumstances of their violations. Offenders may be charged a minimum of $500 (up to $20,000 for a conspiracy, conspiracy attempt, or solicitation felony) in fines.
Even more importantly, switchblades in New York are treated as illegal weapons and thus carry severe penalties. In particular, it is a Class D felony to manufacture or sell switchblades (up to 7 years in prison); a Class C felony to possess a dagger, dirk, stiletto, or any other dangerous knife (up to 15 years in prison); a Class D felony to sell a knife with the intent to use it unlawfully (up to 7 years in prison or a fine of $5,000); a Class E felony to sell an illegal knife (up to 4 years in prison) or concealed switchblade (up to 7 years for a third offense) (up to $10,000); and a Class B felony to use a switchblade or other offensive weapon in the commission of a crime (up to 25 years in prison).
Knife Laws in Other States
Elsewhere in the United States, the possession and carry of knives considered switchblades is often less heavily regulated than in New York State. In Kentucky, for example, knives such as the widely available Buck 110 or Old Timer 340T are not prohibited. Under Indiana law, it is a class B misdemeanor, which, like a violation in New York City, is punishable by up to six months in jail, and a $1,000 fine.
The states that are most similar to New York in their definition of switchblades are Nebraska, and Hawaii; the latter of which prohibits all knives as desribed in N.Y. Penal Law sect. 265.01.
Fortunately, nearly all other states allow persons carrying a switchblade knife as long as they are not in possession or control of a motor vehicle or ship. Utah modified its knife laws to reduce the restrictions on automatic knives in 2011. In North Carolina and Michigan , folding knives such as the "stiletto," are prohibited by statute. Wisconsin explicitly defines a switchblade as a knife with a blade longer than three inches. A few states prohibit knives to be carried concealed unless the knifemaker extracts and originates it.
Exceptions to note in other states are as follows: In Texas, the possession of automatic knives is legal as long as blade length does not exceed five inches. Georgia and Florida have ambiguous laws, but the general consensus amongst knife owners is to avoid exposing any knife blade more than five inches. In Nevada, automatic knives are prohibited only when concealed from public view.
New York’s Future Knife Laws
In recent years, New York is seeing a rise in advocacy for the legalization of switchblades in some form or another. Firestorms of media attention have been generated behind small groups and single individuals in their quests to provide exceptions in the penal law for certain individuals. Some common consensus among advocacy groups or individuals behind the bill support is that, similar to other outranking of a small number of articles within the penal law (e.g. knuckles), exceptions should be granted to certain users of switchblades. These include police officers, military members, certain workers, as well as a large pool of miscellaneous users (e.g. knife collectors, tradesmen with an exception for lock-blade access via a trigger mechanism).
While some support has been gained from the political arena, bills have been introduced into the assembly for several years now with little success; no widespread formal efforts have been discovered aimed at actually pushing these bills through the state assembly or governor’s office. Some of this may be due to limitations the 2018 New York legislative sessions. It is not known exactly how the switchblade legality battle will play out in the future. Future entries to this blog will touch upon any changes or updates to the current circumstances around switchblades in New York.
Tips for Knife Users
For those who own a knife or are looking to buy one, there are numerous ways you can ensure compliance with New York switchblade laws. Read below for some practical advice.
1. As already discussed, it is generally legal for a person over the age of 16 to own and possess a folding knife with a blade of less than four inches in length, even if it is a gravity knife. It is therefore advisable, whenever possible, to always possess a folding knife with a blade of less than four inches , regardless of whether the knife is a gravity knife or a switchblade. You should consult the actual code [link to actual code] to know for sure whether your knife is a gravity knife or a switchblade. Generally, a gravity knife will have a straight blade that will slide out of the handle using a flicking motion, pocketsized into the handle.
2. You should keep up to date with any changes in the laws regarding possession of knives in New York. Always ensure that you know whether your knife qualifies as a switchblade, gravity knife, or any other type of knife listed in the Penal Law.