New York Knife Possession Crimes: FAQ (2024)

Assuming you are convicted, Penal Law 265.01 is a class “A” misdemeanor punishable by up to one year in jail. However, if you have any prior criminal record, the law allows prosecutors to “bump up” your case to a class “D” felony of Penal Law 265.02(1). In such a case, a judge can sentence you to as long as seven years prison. On the other end of the spectrum, NYC has its own law that is punishable by up to 15 days in jail.

Generally, and assuming there is no corresponding intent to use it unlawfully, it is legal to possess a butterfly knife. Know, however, that definitions may vary as to what constitutes this type of “weapon” and if it does not comport with the law, then it could be illegal.

The answer to this question depends entirely on the characteristics of the particular item. If it does not qualify as a “per se” weapon, and there is no intent by the person to use it for any unlawful purpose (or probable cause to believe that they were doing so), then it can be legal to carry a pocket knife. Keep in mind that knives over four inches are unlawful in New York City whether or not their possession violates Penal Law 265.01. Possession of such a blade would violate NYC Administrative Code 10-133.

While there is no size restriction in the state, AC 10-133 makes it illegal to carry a knife with a blade that is four inches or longer. This may seem unbelievable given that we possess them in the kitchen, for example, and they are readily available at stores across the United States. Obvious issues aside, possessing such an object is punishable by a fine or up to 15 days in jail regardless of any unlawful intent. Needless to say, the discretion of police officers comes into play heavily in these circ*mstances and the law is enforced by way of a “pink” summons.

A gravity knife is defined as one that has a blade in the handle that can be released either by use of gravity or centrifugal force and which then locks in place in the open position. Just possessing this “weapon” was a crime for many years, even without any intent to use it for any criminal purpose. This definition is very broad and could be used to encompass all kinds of what would commonly be considered “normal” knives such as those used for work and readily available on websites or stores such as Home Depot. On May 30, 2019, Governor Cuomo signed a bill into law removing these from the statute that lists “per se” weapons. This bill brought the law into compliance with a federal court decision that determined that our laws in this regard were too vague and, therefore, unconstitutional. Additionally, and equally relevant, these blades are no longer considered “deadly weapons.” It is, therefore, now legal to carry, provided no other circ*mstances exist that might otherwise make it illegal.