The Definitive Guide to Knife Laws in NYC

NYC Knife Laws Overview

NYC knife laws are unfortunately becoming a more important topic among recreational knife users and those that carry knives for work in our city. There are actually two different areas of law that affect the use and possession of knives in New York City: New York State criminal law and New York City regulations.
When it comes to New York State criminal law, the possession and use of knives falls under the New York Penal Law Article 265. The issues of possession and use of knives outside of New York City is governed by this code section. The two primary issues here are criminal possession of a weapon and criminal use of a weapon. The relevant subsections of New York Penal Law 265 are as follows: All of these criminal statutes are technically classified as misdemeanors. Therefore, if you are arrested for using or possessing a knife in New York State, most cases should be treated as a misdemeanor case. The definition of a knife under New York Penal Law Article 265 is not the common sense, everyday description that most knife enthusiasts would give . The definition of a knife is very broad and covers a wide range of useful tools used on a day to day basis. The specific definition of a knife under New York State law is as follows: To summarize, these knives do not have to be mechanical or automatic, and commonly used knives such as box cutters, pen knives, and chef knives are all technically considered deadly weapons under the New York Penal Law. To really understand NYC Knife Laws, a deeper understanding of New York Penal Law 265.01 and New York State knife laws is needed. In New York City, the Administrative Code of the City of New York section 10-133 governs knife use and possession within the five boroughs. This administrative code is much more restrictive than the New York State Penal Law Article 265. Specifically, NYC Knife Laws impose restrictions based on the blade length of the knife. NYC Knife Laws allow individuals to legally own and possess knives to use on the job or while traveling. However, knives much be in compliance with New York Penal Law Article 265 and Section 10-133 of the New York City Administrative Code.

Permissible Knives in NYC

So what types of knives are legal to carry or possess in New York City? According to the NYC Administrative Code Section 10-133, the following knives are legal to own: (Note that this includes knives which are "curved on the sharpened edge [with] a blade a length of less than four inches" as a specific exception, but the law is otherwise unclear about the definition of "curved" knives, so that can create some confusion.) It is also important to keep in mind that "automatic knives," the civilian term for what NYC law calls "gravity knives" or "switchblades," have usually been allowed in NYC until relatively recently, despite the fact that the NYC Penal Law Section 265.00(3) specifically prohibits possession of "any . . . gravity knife or switchblade knife, knuckle knife, dirk, dagger, billy, blackjack, blowgun, sandclub, metal knuckles, or kung fu star, commonly known as a ‘Chinese star,’ or like dangerous weapons." However, possession of certain types of automatic knife were considered legal under this vague section of the Penal Law until an appellate court essentially decided that automatic knives were covered by the overly broad definition of knives and thus unlawful to possess in NYC under the Administrative and Penal laws. That appellate decision is now under review (as of this writing) and should be decided within a few months.

Types of Knives that are Illegal in NYC

While the laws concerning knives and bladed weapons in New York City are complicated, what is clear is that some types of knives and blades are banned altogether:
-The infamous switchblade knife
-The butterfly (or "Balisong") knife
-Any other kind of knife (referred to as a "dagger" by the law) that has no blade that is exposed with the assistance of machinery or spring (this is basically any type of folding knife)
-The "gravity knife"
-Any type of plastic blade knife
In addition, any kind of dangerous knife can be deemed illegal if it is carried in such a way that it can easily be used as a weapon. This means, for example, putting onboard knife out of a backpack but keeping it uncovered might be a violation of the law. If you are treated or arrested by a police officer under these circumstances, your best course of action would be to consult qualified criminal defense attorneys in New York.
Other kinds of knives which are not included above are illegal if they are carried in public and are deemed to be "unmistakably dangerous." This provision in the law is best avoided by keeping in mind the type of blade you possess, how it is carried and concealed, the size of the blade and its use. A lawyer qualified in these matters, like the New York criminal defense attorneys here, can counsel you as to whether or not the weapon you possess is illegal or not.

Penalties for NYC Knife Violations

As noted in previous sections, even though knives are not explicitly defined as either an offensive or a dangerous weapon, they may be taken out of your person and displayed openly in certain situations. However, the penalties associated with bringing such a weapon into NYC, carrying it in view of others, or using it in self-defense on someone else can be quite severe. Under NY Penal Law 265.01 , the penalties for violations of knife laws include: If the weapon was a deadly instrument, you could face up to 15 years in prison. The best way to avoid being charged with a knife-related offense is not to carry knives or other weapons, which we do not recommend, or to carry them in a concealed holster that does not place the weapon in view of others.

Exceptions and Special Knife Permits

In New York City, there are limited exceptions to the Knife Laws that are humanly possible to navigate for non-professionals and professionals alike. Technical weapons and toolmakers hold one of the few exemptions with regards to both how the law defines knives and how they can carry them as professionals. Due to the recent boom of food professionals with artisanal restaurants, it’s important to note that kitchen knives and related tools might fall into this category as a professional exemption.
Coincidentally, the city runs a program called the Industrial Code Rule 49 which is just impossible to get approved unless you’re a nuisance professional. As such, industrial exempt knives must have the appropriate certification for non-weaponry use. You have to go to the Department of Consumer Affairs where they maintain and monitor a registry of all exempt weapons.
Contractors also have some leniency in their work tools in the NYC area, but again, leg work is often necessary to keep your safe to work in the city. Finding a good contractor and keeping the lines of communication open with your tools is the best way to avoid getting any fines or harassment from the NYPD over a professional exemption.
In unusual circumstances, the NYC Department of Buildings issues special permits for particularly dangerous work situations that can only be done with certain knives. This includes inspectors who are required to have corrugated knives on their person. Where may seem like a "weapons", the equipment is regarded as "tools". You can find a full list of exempt tools and weaponry in Industrial Rule 49 itself, and necessary allowances made for each type of knife, plus if you’re being denied by other licensing agencies.
Bouncers of various types and professionals in security always have a butter zone. If you are a municipal officer or employed by a police agency, you may wind up having a "duty" knife on your belt to dispense with unruly citizens. This doesn’t mean your city gives you free reign to pull out your knife on the subway or other public places unless absolutely necessary.
Indeed, outside of professional parameters, it’s often illegal to carry any form of knife in NYC. For example, box-cutters are completely illegal, while razor blades are not because they were once considered tools. Scissors, utility knives, carpet cutters and more have their own set of restrictions. These details are listed under the "Exceptions" section above before we get into all the technical minutiae of knife laws in New York City.

NYC Knife Owner Tips

Stay Informed: NYC knife laws can be complex and unexpected, so it is crucial to stay informed about any changes in legislation or regulations. Be Mindful of the Location and Type of Knife: As the law varies based on location, it’s important that you know whether your knife is legal to carry depending on what part of the city you are in and whether you are carrying a folding knife or a fixed blade knife. The more you know about the law in general, the more prepared you will be if challenged by law enforcement. Despite common belief, New York law states that it is illegal to carry a folding knife of any kind at the same level as a fixed blade with a blade of at least four inches, but a folding knife that automatically opens does not have to be illegal . Limit Your Knife Collection: One of the most obvious ways to avoid violating the law is to limit the number of knives you own. We recommend owning only those that are absolutely necessary and avoiding anything that could be considered concealed. Don’t Give Police a Reason to Ask: There are many ways to provoke police into checking your gear when you are carrying weapons and knives. Don’t give them a reason to ask why you are carrying a knife, for any reason. For example, don’t walk down the street brandishing it and making threats or leaping in and out of alleyways to avoid callers and pedestrians, etc. If you are walking into a park or another public space, make sure you do so in a normal manner and don’t call undue attention to yourself. Stay calm and non-confrontational if approached by law enforcement and cooperate with their questions.