A Brief Introduction to NYC Knife Laws
In order to understand the New York City knife laws, you first must understand that there are both state and city laws that affect the legality of carrying a knife in New York. Both laws do not carry the same penalties for breaking them.
Section 265.01 of the New York State Penal Law is the general law against carrying various types of weapons, including knives. What the law says is that the carrying of such weapons can be a felony – but it also distinguishes between different categories of weapons, which can include knives.
The heart of New York’s knife laws is essentially codified in this section and a few other notable sections that follow, such as subsection 4, which defines switchblades and subsection 5, which does so for "dirk dirks, stiletto knives, daggers, gravity knives, billy blades, and metal knuckles." Most notably, this section 10 is used in a number of cases to prosecute illegal knife cases in New York. It reads:
"Any person who knowingly possesses any dagger, dirk, razor, box cutter, stiletto knife, or canefitti, except when lawfully and for purposes of certification or with the written consent of [certain authorities specified in the law], is guilty, except as provided in subdivision two of this section, of a class A misdemeanor."
The term "canefitti" is rarely used in knife cases in New York City. Perhaps right behind Section 10 in its importance to New York knife law is Section 265.20, which defines possession of a knife as an illegal weapon. In addition to defining what knives are illegal to possess, this subsection 6 of 265.20 also states who is exempted from the laws, including the extradition of women .
As is the case with most criminal laws in New York, "possession" is a triggering event: if you possess an illegal object that is illegal to have, such as a gun or knife, you are subject to arrest and prosecution. The law does not require you to have the intent to use the item in an illegal manner; it simply has to be in your physical control.
However, there are some exceptions to this general rule of thumb, including the lawfulness of the many exceptions to the general prohibition against knife possession. These are discussed in further detail below, but one of the most important exceptions is that a tool that may be a knife may be considered "tools of trade" if they are used to serve a purpose within an industry, such as construction or manufacturing, or a hobby, like carpentry.
Another exception worth mentioning is the one for essential utility knives that are commonly used in day-to-day life. Section 265.20 (6) of New York law states that the possession of a:
"Tool, unaltered and in its original, appropriate packaging, of a utility nature for use in a lawful activity (such as a penknife, tool or fishing knife with a blade sharpened only on one side and a blade less than four inches in length or a rounded-blade butter knife with a 3-inch blade)"
is not prohibited by the knife laws, so long as the person possessing it did so at the time of arrest for the utility purpose for which it is designed and in its original packaging…"
In New York City, "knives" are broadly defined, and the term covers everything from pocket knives and utility knives to folding knives, switchblades, dirk dirks, long and short daggers, stiletto knives, gravity knives, billy blades, metal knuckles, cane fitties, kirpans and Kung-fu type knives.
Types of Knives and Legal Limits
New York law does not ascribe to a list of knives types (i.e., switchblades, bowie knives, stilettos, dirks, daggers, cane swords, black-jacks or sandbags, etc.) that can or cannot be carried or possessed. Rather, the New York Court of Appeals in People v. Lichtenstein, 50 N.Y.2d 228, 428 N.Y.S. 2d 591 (1980) determined that the crux of the statute addresses the purpose behind a weapon’s use. People v. Reed, 28 A.D.3d 681 (2d Dep’t 2006). So much like the question of what is a weapon, the question of what knife is legal and what knife is illegal is based on use. For example, if a knife is a "dangerous instrument" under PL 265.01 because it is "readily capable of lethal use", that does not necessarily mean that the knife is a weapon. The actual use of the knife serves as the distinguishable difference. As such, the Court of Appeals in Lichtenstein reasoned that, "[t]he statute should proscribe conduct dangerous to human life but should not attempt to make the criminal law penetrate the complex ins-and-outs of common usage." Thus, if there were insulated pepper knives as a next level to non-lethal weapons such as the stun gun, taser and pepper spray, but were only meant to protect oneself from animals, which kind were becoming more aggressive, and were therefore only being used in those situations where there could be a threat from an animal, would it be a weapon? A taser, stun gun, and non-lethal pepper spray are not considered deadly weapons because 1) the potential harm is defense against animals; and 2) the amount in the canister is not determined lethal. On the other hand, if you use a pepper knife for actual self-defense, i.e., slashing the defendant to stop your assault, then the pepper knife would likely be treated similarly to a camouflaged dirk or dagger, also intended to inflict injury. In sum, what gives a knife its’ illegal status ultimately revolves around intent, as well as its intended purpose. The underlying principle is simple: a knife is legal unless you intend to use it as a weapon.
Penalties for Knife Law Violation
When it comes to knife laws in NYC, the consequences of violating them can be harsh. Those convicted of possessing an illegal knife in violation of Section 10-133 face significant penalties, including:
A first offense for possession of a gravity knife, switchblade, or any other common implement other than a dirk or dagger, cop knife, machete or stiletto is treated as a violation rather than a misdemeanor. That does not mean that the penalties are not serious, however. A violation for possession of these knives can result in up to 15 days in jail and/or a fine of up to $250. A conviction of a second offense for possession of a violation-level prohibited knife will result in a hefty fine of up to $500 and up to 15 days in jail.
Violations of Section 10-133 for possession of a dirk or dagger, cop knife, machete or stiletto is treated more seriously as a misdemeanor. A first conviction of this nature will result in up to one year in jail and/or a fine of up to $1,000. Unfortunately, second offenses can result in up to four years in prison and/or up to $5,000 in fines.
Knife possession violations in NYC carry serious criminal consequences. As a result, it is crucial that you understand NYC’s knife laws before you visit the city.
Exceptions and Special Considerations
The law does offer some exceptions and special cases with regard to knives that may seem permissive at first glance, but still come with considerable risks. The first hard and fast rule is that these exceptions are only valid if you possess the knife or knife-like instrument for the express purposes of your profession or camping activity.
Carrying a knife for use in your professional capacity is only valid for specific professions. Here are some examples: Physicians or medical professionals in NYC are exempt from the NYC knife laws when they carry scalpel blades, suture kits, and other necessary surgical instruments and tools. Also exempt are metalworkers with chisels, tinsmiths carrying shears or snips, carpenters with saws, and electricians carrying wire-cutting tools.
Judges, prosecutors, and law enforcement officers with badges can also be exempt, along with journalists, diplomats, and lawyers carrying shears and other tools. But note that, even in these exempt categories, you must fully comply with NYC section 10-133, which covers offenses involving medical instruments and devices, handcuffs, and other objects.
Camping is the only other exception to the NYC knife laws. However, note that while camping in the city is permitted, this does not necessarily mean that the local police will allow you to use your knife. You could easily have a serious encounter with local law enforcement if illegal knife use is suspected.
How to Remain in Compliance
The best ways to stay on the right side of NYC’s knife laws is to avoid carrying knives altogether. However, not carrying a knife is not realistic for most people. If you must carry a knife of some sort, you should abide by the following rules: Knives must be carried in a sheath (or bag). A knife that is carried in a sheath would be defined as not "readily accessible". A pocket knife, pen knife or Swiss army knife carried in a belt sheath would be legal under NYC law. A knife with a belt sheath would be legal too. A knife with a belt sheath is in an enclosed case and is therefore not "readily accessible". Therefore, it would be legal under NYC law. It is better to carry a more utilitarian knife than a knife designed for self-defense. Knives that are designed to be weapons , even if classified as folding knives, can be considered switchblades or gravity knives under the law. An example would be a knife that has a spring-assisted opening mechanism. Depending on the substance and language of the card, such a knife may also be considered a disguised weapon. Knives that are not designed explicitly for self-defense or warfare are more likely to be accepted as utilitarian. Do not carry knives that are larger than 4 inches. NYC law defines knives larger than 4 inches as daggers. Daggers are knives with two edges. Daggers are illegal. The biggest deal under NYC knife laws is carrying a dagger. Knife statutes are open to interpretation, but daggers are plainly illegal. Carrying a dagger in NYC is a very petty offense but could also result in a misdemeanor charge.
Recent Developments
In June 2018, the New York City Council rewrote §10-133(a), (b) to clarify and make it easier for individuals to understand when they are in violation of the law. Responding to more than a decade of arrests for "gravity knives," Councilman Rory I. Lancman, chair of the Council’s Oversight and Investigations Committee, sought more clarity in the law so as to limit overreaching. Many people were being arrested for "gravity knives," which are often actually box-cutters and other knives that can be opened simply by flicking the wrist. Those who faced arrest included restaurant servers, delivery people, and police personnel who carried out their responsibility to protect and serve the public by using their knives to break down cardboard boxes or to give traffic tickets.
The revised ordinance was praised by the New York Civil Liberties Union (NYCLU) and other activist groups who have long criticized the vague wording used in the previous law. The NYCLU’s Nora Constance Duffy explained that the law is so poorly worded that "even a knife that can be opened by using two hands could be considered a ‘gravity knife.’" The meaning of the revised text is now easy to understand, according to Councilman Lancman.
Yet even this revision has not stopped some recent additional arrests for knives that fall outside of the "gravity knife" category. Last December, three women were arrested at a Manhattan rally after allegedly brandishing "butter knives." As explained by the New York Post, they were charged with "disorderly conduct for ‘throwing dangerous knives,’ which were actually dull butter knives."
There are significant differences among the laws surrounding the use of knives in New York (NY) and those in Pennsylvania (PA) or on the federal level. In particular, you can obtain a concealed carry permit for a handgun in both NY and PA, but no such permit exists for knives in either state.
NYC Knife Law Compared to Other U.S. Cities
When compared to other major U.S. cities, New York City’s laws on knives are in some senses much more permissive, while in others they are much more restrictive than average.
Los Angeles has virtually identical laws concerning knives with blades less than five inches long, allowing both folding knives and knives with retractable blades as long as they are not worn as a belt buckle. The main differences between the Los Angeles and New York laws for these types of knife are the following. First, LA law specifies that folding knives may be worn concealed as long as they are not spring-loaded, but no knives can be open carried. In NYC, knives with the same characteristics may both be worn concealed and out in the open. Second, LA law only permits the carrying of "folding knives" and "retractable blade knives," without distinguishing between switchblades and other knives with retractable blades. Although New York law does permit the carrying of knives with retractable blades, it does distinguish between knives that are switchblades and those that are not, with the former being illegal.
The laws concerning knives in Chicago permit the open or concealed carrying of any knife that can be "closed or folded to a length of less than 2 inches." Knives longer than two inches may not be carried in public, open or concealed. Chicago has a special exception to these rules for "ordinary pocket knife[s]," which are defined as those with blades no more than 3 inches long. Both open and concealed carrying of "ordinary pocket knife[s]" is permitted . As with certain types of knives in NYC, folding knives and retractable knife blades may be carried both open and concealed, although those long enough to exceed the definition of ordinary pocket knives cannot be legally carried in public.
San Francisco Per San Francisco’s law, there are three types of knives: dirks, daggers and "ice picks," a category that encompasses another throwable knife known as a hand claw. Knives of the dirk or dagger variety may not be carried either openly or concealed in public anywhere in the city. Similarly, hand claws and ice picks, which are defined as having a blade of nine-inches or less, may not be carried in public either openly or concealed. However, unlike the dirk and dagger weapons, ice picks and knives with blades of less than nine inches may be carried in public if they are being carried in connection with other work.
Philadelphia has several exceptions to its general ban on the carrying of knives in public, which is consistent with the ban on dirk and daggers in San Francisco. However, knives other than dirk and daggers may not be carried inside of schools in any U.S. city, including Philadelphia.
Miami’s laws concerning knives prohibit the sales and the open or concealed carrying of dirks, daggers and other knives that can be thrown or thrown like a dart. Miami law also prohibits the sale of knives having saws or razor blades integrated into their design. However, Miami law does not directly prohibit the sale of knives which are not dirks or daggers. Miami law also does not differentiate between different classes of knives for purposes of carrying one in public, although the public carrying of "ordinary pocket knife[s]" is apparently permissible.