As if New York wasn’t already a confusing legal and regulatory nightmare for honest, law-abiding knife owners, the highest court in the state just upheld, in a one paragraph opinion, the conviction of a 36-year-old mail-room worker with no priors in possession of an assisted opening (spring-assisted) folding knife that he used in his work under the theory that it was an illegal switchblade knife under New York law.
The decision was overwhelming, 6 to 1, but it’s worth noting the excellent dissent by Judge Jenny Rivera which is detailed, analytical, logical and very well-reasoned.
Assisted opening folding knives are widely and routinely carried by millions of law abiding individuals, and given the momentous nature of this decision, certainly affecting hundreds of thousands of pocket knife owners in New York State, a review of the briefs suggests that the seriousness of the issues at stake were not presented to the court. The prosecution fundamentally mischaracterized the nature of the knife as being a switchblade. The significant and fundamental differences between a switchblade and the assisted-opening folder the defendant was carrying as a simple tool were not before the Court.
In addition to completely redefining what a knife’s handle is, essentially eliminating the difference between the handle and the blade, the Court disregarded the fundamental difference in how the two types of knives operate – switchblades being automatic (an essential element of the definition) while assisted-openers are not.
Given that this confusion goes against clear historical precedent and that nobody in the real world is likely to interpret that statute in that manner, it creates a trap for all knife owners who would rationally never consider an assisted-opening folder to be a switchblade, especially if they were intimately familiar with plain wording of New York’s switchblade statue.
265.00 Weapons Crimes – Firearms and Other Dangerous Weapons
4. “Switchblade Knife” means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. (emphasis ours)
Regardless of whether we win our current civil rights case against New York City and District Attorney Cyrus Vance, Jr. over their unconstitutionally vague gravity knife prosecutions of those carrying common folding knives, the hundreds of thousands of knife owners who possess an assisted-opening folding knife anywhere in New York state could now be liable to being prosecuted for simply possessing a per se (inherently) illegal switchblade under §265.01, which is a serious crime, a fourth degree misdemeanor with a potential penalty of a year in jail. And, as we have seen far too often in our Federal gravity knife case, anyone who has had a prior conviction, even decades ago, is likely to have the charge against them upgraded to a felony with potentially years of jail time and loss of civil rights.
Actually carrying an assisted-opener will certainly raise the likelihood of arrest and prosecution, especially in New York City.
At this juncture Knife Rights must warn anyone living in New York State, or who visits or travels through New York State, that you risk arrest and jail if you carry an assisted-opening folding knife. NOTE: The exception is that If treated as a switchblade, they may be possessed for use while hunting, trapping or fishing or en-route to or from those activities by a person with a valid hunting, trapping or fishing license. Simply having a license isn’t enough, must be engaged in the activity.
Retailers within New York State may want to consider their potential criminal liability in continuing to sell assisted-opening knives.
We’ll certainly be looking to find a solution to this problematic decision, but for now, discretion is the better part of valor with regards to assisted-opening folders in New York State.
And, just to be clear, this assisted-opener issue that covers the entire state of New York is entirely separate from New York City’s gravity knife arrests and prosecutions; as well as New York City’s administrative code prohibiting open carry of a knife (including being clipped to a pocket or “printing”) and its under 4-inch blade length limit. Details at: https://kniferights.org/legislative-update/new-york-city-administrative-code-knives/
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