New York State Knife Laws (2024)

In an outcome that surprises absolutely no one, New York has been, is and likely will remain the most restrictive state in the Union when it comes to the carry and possession of personal weapons.

Though the state is infamous for its abiding hatred of guns in citizens’ hands they have spared plenty of ire for knives as well, as codified in one of the densest, most confusing and most vindictive sets of laws ever put the paper.

The short version is that any knife, any knife whatsoever, could possibly be classified on the spot as a dangerous weapon and get you hauled off to jail.

New York State Knife Laws (1)

This is not hyperbole, and this is not anecdote: New York has what you would call a proud history of prosecuting these crimes, and even increasing public clamor from concerned citizens and industry partners has done absolutely nothing to stem the tide.

New York knife laws are nothing short of draconian. It is ugly, but we will share the ugly truth with you below in a vain attempt to better equip you to carry a knife in this backwards state.

What You Need to Know

  • What Kind of Knives Can I Own?: *Possession of any knife may potentially result in criminal charges.*
  • Can I Carry a Knife Concealed Without a Permit?: No.
  • Can I Carry a Knife Concealed With a Permit?: No.
  • Can I Carry a Knife Openly?: No.

Disclaimer

This article is not to be treated as legal advice. The author is not an attorney. Neither this website, its principals, owners, operators, contractors or employees, or the author of this article, claim any criminal or civil liability resulting from injury, death or legal action resulting from the use or misuse of the information contained in this article. Any comprehensive self defense plan will include preparing for the legal aftermath of being caught carrying a knife in the state of New York. The reader should hire and consult with a competent attorney as part of their preparations.

It is impossible to overstate just how sinister New York’s knife laws are. New York has made the possession of any knife that is designed or adapted for use primarily as a weapon a crime, and the possession is presumptive evidence of intent to use said weapon unlawfully against another.

It is a crime that will see you arrested and charged outright with no reservations, and if New York has been consistent with anything, they are highly consistent when it comes to charging innocent citizens who claim to be in possession of any kind of knife for any reason, but especially for self-defense.

They will also prosecute if the preponderance of the evidence suggests that the knife is intended to be used principally as a weapon, and not a tool.

Thanks to disgustingly all-encompassing and willfully interpretive language used in the statutes (and a lack of definitions) any knife, any knife of any kind, any knife whatsoever can and has been previously interpreted as a dangerous weapon in the state of New York.

It is the carry of the knife itself that is essentially taken for evidence of criminal wrongdoing in progress or yet to occur. Folks, I don’t say this lightly, but you would be better off to cut your food with scissors instead of a dinner knife if you really wanted to stay on the safe side.

Concealed Carry, No Permit

The concealed carry of any knife is completely foolhardy in the state of New York. You are one bad interaction away from being arrested.

Concealed Carry, With Permit

Being in possession of the nearly mythical New York State concealed weapons permit does not afford you any leeway when it comes to the carry of knives. Don’t do it.

Open Carry

Openly carrying any knife in New York will just get you arrested faster. Don’t.

Prohibited Places

Since you effectively cannot carry a knife anywhere for any reason in New York, a comprehensive list of all the places you are forbidden from carrying one is sort of redundant. That being said, the law specifies that you definitely cannot carry your knife into any school or onto any public transportation in New York.

Assessment

New York is the worst of the worst when it comes to the carry and ownership of knives, and you should expect nothing less from the reigning champion when it comes to trampling citizens’ rights.

Carrying a knife of any kind is essentially handing the court system an invitation to prosecute you, and attempting in any way to unravel New York’s legal statutes in order to figure out under what conditions you could theoretically get away with carrying even the most innocent kind of knife is a Sisyphean task.

If you need a cutting tool, carry scissors, and they had better be those blunt, play school looking scissors at that.

Important New York State Statutes

Section 265.00 – Definitions

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.

5. “Gravity knife” means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever or other device.

5-a. “Pilum ballistic knife” means any knife which has a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife.

5-b. “Metal knuckle knife” means a weapon that, when closed, cannot function as a set of plastic knuckles or metal knuckles, nor as a knife and when open, can function as both a set of plastic knuckles or metal knuckles as well as a knife.

5-c. “Automatic knife” includes a stiletto, a switchblade knife, a cane sword, a pilum ballistic knife, and a metal knuckle knife.

5-d. “Undetectable knife” means any knife or other instrument, which does not utilize materials that are detectable by a metal detector or magnetometer when set at a standard calibration, that is capable of ready use as a stabbing or cutting weapon and was commercially manufactured to be used as a weapon.

13. “Cane Sword” means a cane or swagger stick having concealed within it a blade that may be used as a sword or stilletto.

15-b. “Kung Fu star” means a disc-like object with sharpened points on the circumference thereof and is designed for use primarily as a weapon to be thrown.

Section 265.01- Criminal possession of a weapon in the fourth degree

A person is guilty of criminal possession of a weapon in the fourth degree when:

(1) He or she possesses any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken, or “Kung Fu star”;

(2) He or she possesses any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, undetectable knife or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or

Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Section 265.05 – Unlawful possession of weapons by persons under sixteen

It shall be unlawful for any person under the age of sixteen to possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring or air, or any gun or any instrument or weapon in or upon which any loaded or blank cartridges may be used, or any loaded or blank cartridges or ammunition therefor, or any dangerous knife; provided that the possession of rifle or shotgun or ammunition therefor by the holder of a hunting license or permit issued pursuant to article eleven of the environmental conservation law and used in accordance with said law shall not be governed by this section.

A person who violates the provisions of this section shall be adjudged a juvenile delinquent.

Section 265.10 – Manufacture, transport, disposition and defacement of weapons and dangerous instruments and appliances

1. Any person who manufactures or causes to be manufactured any machine-gun, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class D felony. Any person who manufactures or causes to be manufactured any rapid-fire modification device is guilty of a class E felony. Any person who manufactures or causes to be manufactured any switchblade knife, pilum ballistic knife, metal knuckle knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty of a class A misdemeanor.

2. Any person who transports or ships any machine-gun, firearm silencer, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchandise five or more firearms, is guilty of a class D felony. Any person who transports or ships any rapid-fire modification device is guilty of a class E felony. Any person who transports or ships as merchandise any firearm, other than an assault weapon, switchblade knife, pilum ballistic knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A misdemeanor.

3. Any person who disposes of any machine-gun, assault weapon, large capacity ammunition feeding device or firearm silencer is guilty of a class D felony. Any person who disposes of any rapid-fire modification device is guilty of a class E felony. Any person who knowingly buys, receives, disposes of, or conceals a machine-gun, firearm, large capacity ammunition feeding device, rifle or shotgun which has been defaced for the purpose of concealment or prevention of the detection of a crime or misrepresenting the identity of such machine-gun, firearm, large capacity ammunition feeding device, rifle or shotgun is guilty of a class D felony.

4. Any person who disposes of any of the weapons, instruments or appliances specified in subdivision one of section 265.01, except a firearm, is guilty of a class A misdemeanor, and he is guilty of a class D felony if he has previously been convicted of any crime.

5. Any person who disposes of any of the weapons, instruments, appliances or substances specified in section 265.05 to any other person under the age of sixteen years is guilty of a class A misdemeanor.

Section 265.15 – Presumptions of possession, unlawful intent and defacement

2. The presence in any stolen vehicle of any weapon, instrument, appliance or substance specified in sections 265.01, 265.02, 265.03, 265.04 and 265.05 is presumptive evidence of its possession by all persons occupying such vehicle at the time such weapon, instrument, appliance or substance is found.

3. The presence in an automobile, other than a stolen one or a public omnibus, of any firearm, large capacity ammunition feeding device, defaced firearm, defaced rifle or shotgun, defaced large capacity ammunition feeding device, firearm silencer, explosive or incendiary bomb, bombshell, switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is presumptive evidence of its possession by all persons occupying such automobile at the time such weapon, instrument or appliance is found, except under the following circ*mstances: (a) if such weapon, instrument or appliance is found upon the person of one of the occupants therein; (b) if such weapon, instrument or appliance is found in an automobile which is being operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver; or (c) if the weapon so found is a pistol or revolver and one of the occupants, not present under duress, has in his or her possession a valid license to have and carry concealed the same.

4. The possession by any person of the substance as specified in section 265.04 is presumptive evidence of possessing such substance with intent to use the same unlawfully against the person or property of another if such person is not licensed or otherwise authorized to possess such substance. The possession by any person of any dagger, dirk, stiletto, dangerous knife or any other weapon, instrument, appliance or substance designed, made or adapted for use primarily as a weapon, is presumptive evidence of intent to use the same unlawfully against another.

Section 265.01-A – Criminal possession of a weapon on school grounds

A person is guilty of criminal possession of a weapon on school grounds when he or she knowingly has in his or her possession a rifle, shotgun, or firearm in or upon a building or grounds, used for educational purposes, of any school, college, or university, except the forestry lands, wherever located, owned, maintained or held in trust for the benefit of the New York State College of Forestry at Syracuse University, now known as the State University of New York college of environmental science and forestry, or upon a school bus as defined in section one hundred forty-two of the vehicle and traffic law, without the written authorization of such educational institution; provided, however no school, as defined in subdivision ten of section eleven hundred twenty-five of the education law, shall issue such written authorization to any teacher, school administrator, or other person employed at the school who is not primarily employed as a school resource officer, police officer, peace officer, or security guard who has been issued a special armed guard registration card as defined in section eighty-nine-f of the general business law, regardless of whether the person is employed directly by such school or by a third party.

Criminal possession of a weapon on school grounds is a class E felony.

Section 265.06 – Unlawful possession of a weapon upon school grounds

It shall be unlawful for any person age sixteen or older to knowingly possess any air-gun, spring-gun or other instrument or weapon in which the propelling force is a spring, air, piston or CO2 cartridge in or upon a building or grounds, used for educational purposes, of any school, college or university, without the written authorization of such educational institution.

Unlawful possession of a weapon upon school grounds is a violation.

New York State Knife Laws (2)
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New York State Knife Laws (2024)

FAQs

New York State Knife Laws? ›

It is illegal to carry a dirk, dagger, or stiletto with the intent of using it unlawfully against another. It is legal to own and carry a gravity knife. New York does not have concealed carry laws, and therefore it is legal to open or conceal carry any legal knife.

How many inches can a knife be to carry in NYC? ›

New York City also prohibits the possession in public of a knife with a blade that is 4 or more inches regardless of whether any part of the knife, including the blade, is visible or concealed.

Can you carry a fixed blade knife in New York State? ›

What Is The Legal Size Of A Knife in NYC? 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.

What knife is legal to carry in NY? ›

Tagio is right that the laws in New York make a strong distinction between folding knives and “fixed blade” knives, those that don't fold. As he or she points out, non-folding knives of four inches or less are perfectly legal to carry anywhere in New York City, unless you have unlawful intent.

What is a lawful excuse for carrying a knife? ›

The reasonable excuse must be established 'on the balance of probabilities'; in other words, that it was more likely than not. The section makes clear that a reasonable excuse does not include having custody of the knife solely for the purpose of self-defence or the defence of another person.

What size pocket knife is legal in NY? ›

Knife Size regulations in New York

There is no knife size restriction in New York state law. However, according to New York City law, a knife with a blade size of four inches or more is illegal to carry. It is possible that people possess the same knife size in the kitchen and is also available in the US stores.

What can you carry for self defense in New York City? ›

In New York you can own or possess a long gun, including shotguns and rifles, without requiring a permit or a license. It is also possible to own a pistol in New York State, but to be able to carry this type of gun you will have to obtain a permit for the weapon in order to own it legally.

What is the longest knife you can carry? ›

Knives that are usually legal to carry almost anywhere include multi-tool devices, Swiss Army knives, and utility knives, and knives with blades that are shorter than 2.5 inches.

Can you carry a Swiss Army knife in NYC? ›

Are multitools legal to carry in New York City? You may carry a multitool in public in New York City provided the knife blade is less than 4 inches and the tool remains concealed. However, weapons including gravity knives and box cutters are prohibited on NYC subway and buses.

Is it illegal to carry a box cutter in New York? ›

In New York City, you may carry a concealed knife with a blade less than four inches long in most public places. Note, however, that the Metropolitan Transportation Authority (MTA) broadly forbids possession of weapons including gravity knives and box cutters on NYC subways and buses (21 NYCRR 1050.8a).

What weapons are illegal in NY? ›

In general, it is illegal to possess machine guns, short-barreled rifles, and short-barreled shotguns in New York. New York does not have a waiting period to purchase a gun, but a person must obtain a license to purchase a handgun.

Are spring assisted knives legal in NY? ›

This means that if you're in the state of New York and are caught with a spring-assisted knife, you could risk arrest and jail time. The only thing you should carry in the state is a small slipjoint that's inside your pocket and not clipped to it. Even then, you could be at risk, depending on the arresting officer.

Are brass knuckles illegal in NY? ›

In the state of New York, metal knuckles are illegal. Additionally, those that may be worn as jewelry around the neck on the fingers are considered to be concealed weapons in some states. Brass knuckles have been glamorized due to their use in popular mass media, including in major TV shows and video games.

Should you carry a knife for self-defense? ›

For some, a knife offers all the self-defense they need. With the many options available, a knife can prove the perfect weapon for self-protection. In many cases, a folding knife is the choice because of easier concealment. However, with just a little effort, a fixed blade knife also can prove effective.

Can I carry a knife for self-defence? ›

While it's entirely legal to carry a pocket knife for self-defense, using it recklessly is illegal, and can lead to serious legal problems. As such, you should avoid drawing and using the knife unless it is absolutely necessary.

What offence is carrying a knife? ›

It is illegal to carry a knife in public without good reason, unless it has a manual folding blade less than 3 inches long (e.g. a small Swiss Army knife). This includes lock knives. Lock knives are a type of knife with a blade that can be locked and refolded by pressing a button.

What is the legal blade length in NY? ›

Except for New York City's knife length restriction against blades that are 4 or more inches, New York State does not restrict knife blade lengths. New York City ordinance requires knives to be concealed when carried in public.

Are butterfly knives legal in NY? ›

The easy answer to this question is that the “butterfly knife” as described above is not a “gravity knife” and therefore, your mere possession of it is not a violation of New York Penal Law 265.01(1).

Does New York have a stand your ground law? ›

“Every one of us has a fundamental right to self-defense. But in practice, the right to self-defense is limited to our homes in New York. The 'duty to retreat' clause, requires New Yorkers to retreat from a violent aggressor when in public before they can defend themselves and their loved ones.

Can I carry a shotgun in my car in New York? ›

NY Penal Law § 265.00(15). Possession of a loaded rifle or shotgun in a vehicle is generally illegal.

Can I shoot a pistol in NY without a permit? ›

Can I shoot a pistol without a permit? New York State law states that you MUST have a valid NEW YORK STATE pistol permit in order shoot handguns in NY.

Why are OTF knives illegal? ›

The open carry law states that the hilt or handle of a knife cannot be hidden (or concealed), even by clothing or the knife's sheath. This law exists as a way to ensure that anyone around the person carrying the knife can clearly see it in order to prevent surprise attacks.

What is dirk knife? ›

A dirk or dagger is a knife or other instrument with or without a handguard that is capable of ready use as a stabbing weapon that may inflict great bodily injury or death. Most pocketknives and folding knives are not considered to be dirks or daggers unless the blade of the knife is exposed and locked into position.

Are stiletto knives illegal? ›

Dirks, stilettos, daggers, and push knives are legal to own. Disguised knives like lipstick knives, cane knives, and boot knives are legal to own. Bowie knives and other large knives are legal to own.

Can I keep a knife in my car in New York? ›

New York does not have concealed carry laws, therefore it is legal to open or conceal carry any knife that is legal to own and that the carrier does not intend to use unlawfully against another.

Are butterfly knives illegal? ›

In California, butterfly knives are prohibited. Under California Penal Code 21510 PC, butterfly knives are classified as a form of switchblade. Carrying, possessing in public, selling, or otherwise transferring a butterfly knife is illegal under this legislation.

Are throwing stars illegal in NY? ›

There are only four types of knives that people are allowed to own in New York: hunting knives, dirks or daggers, stilletos, and gravity knives (except in New York City). The following knives are illegal for any New York resident to own: metal knuckle knives, ballistic knives, cane swords, and throwing stars.

Can you go to jail for carrying a knife? ›

Carrying a knife

It's an offence to carry a knife or an offensive weapon in a public place without a good reason. You could be prosecuted for carrying an article that could injure someone. If convicted, you could be imprisoned and fined.

Are switchblades legal in NY? ›

Restricted Knives:

The possession of switchblades, ballistic knives, metal knuckle knives, and cane swords by the non-exempted is prohibited.

How many rounds can I carry in NY? ›

The NY SAFE Act prohibits possession of a magazine that has the capacity to hold more than ten (10) rounds of ammunition regardless of when it was manufactured or when it was obtained. It also prohibits possession of a magazine if it is loaded with more than seven (7) rounds of ammunition, unless you are at a range.

Can you shoot an intruder in NY? ›

NY Penal Law 35.15 states: …a person may use physical force upon another individual when, and to the extent that, he/she reasonably believes it to be necessary to defend himself/herself [or someone else] from what he/she reasonably believes to be the use or imminent use of [unlawful] physical force by such individual.

Can you open carry in NY? ›

Open Carry Laws In New York

New York is a non-permissive open carry state. This means that the state prohibits the open carry of loaded firearms. However, you can still possess firearms in a concealed manner with the state carry license. There are restrictions to ammunition and firearms you can carry.

Why are switchblades illegal in NY? ›

According to a law passed in 1958, the definition of a switchblade in New York is “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,” and possession of such a knife is considered fourth-degree criminal possession of a weapon, a ...

Are assisted folding knives legal in NY? ›

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.

How big can a pocket knife be? ›

In the State of California, there is no maximum length for knives in general. However, the maximum legal length for a switchblade knife is 2 inches. Additionally, it is illegal to carry daggers or dirks concealed, and also illegal to carry many types of knives which are designed for concealment.

What is a blackjack weapon? ›

A blackjack weapon or sap refers to a group of weapons that are short, concealable, and weighted (usually filled with lead powder, molded lead clay, or lead shot) to constitute an effective bludgeoning device. The terminology used to refer to these weapons can be very imprecise depending on the period.

What happens if you stab someone in self-defense? ›

All in all, even if you stab or kill someone out of self defense and don 't deny you did, you will likely find yourself in a trial. However, if you can prove there was legal justification for self defense at the time you will not be punished.

Is a gun or knife better for self-defense? ›

Knives are notorious for being taken from the original owner and used by an assailant against the owner or “good guy”. Guns are obviously more effective from a distance if your attacker is physically adept and sees you holding a gun, while a gun can be effective from any distance if used in stealth.

What to carry to protect yourself? ›

How To Protect Yourself: Self-Defense Weapons
  • Pepper Spray.
  • Personal Alarms.
  • Stun Guns and Tasers.
  • Tactical Whips.
  • Steel Batons.
  • Tactical Pen.
  • Baseball Bats.
  • Emergency Whistles.
Nov 17, 2021

What is the sentence for carrying a knife? ›

The maximum sentence for illegally carrying a knife is 4 years in prison and an unlimited fine. The penalties are higher if you injure someone or use a knife to commit a crime.

What are the consequences of carrying a knife? ›

It is illegal - they could ruin your life if you are caught, even if you never use the weapon. You could go to jail for up to four years if you're found in possession of a knife or five years for a gun, even if you're carrying it for someone else. In the worst case scenario, you could get life imprisonment for murder.

What is a stealth knife? ›

Stealth knife. A knife or spike made of a material that cannot be picked up by metal detectors and which is not made for use at home, for food or as a toy. Sword. A curved blade of 50 centimetres or over, based on the straight-line distance from the top of the handle to the tip of the blade. Swordstick.

Should you report finding a knife? ›

If you find a knife which you think has been hidden intentionally for possible use in the future, call the police on 101 as soon as you can. Leave the knife in place. Follow the police's advice.

Can you carry a knife in NYC Reddit? ›

The blade length must be under 4 inches.

(Don't carry a 4 inch blade. 3.99 inches and under.)

Is Swiss Army knife legal in NYC? ›

Are multitools legal to carry in New York City? You may carry a multitool in public in New York City provided the knife blade is less than 4 inches and the tool remains concealed. However, weapons including gravity knives and box cutters are prohibited on NYC subway and buses.

Is it legal to carry around a knife? ›

Knives that are usually legal to carry almost anywhere include multi-tool devices, Swiss Army knives, and utility knives, and knives with blades that are shorter than 2.5 inches.

Is it legal to carry a pocket knife? ›

It is illegal to carry any sharply pointed or bladed article in a public place (with the exception of a folding pocket knife, which has a blade that is less than 7.62cm or 3 inches). A lock knife is NOT a folding pocketknife and therefore it is illegal to carry these knives regardless of the length of the blade.

Can you carry a machete in your car in NY? ›

The language of § 265.01(2) prohibits the possession of any: dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument with intent to use the same unlawfully against another.

Is spring assisted knife legal in New York? ›

This means that if you're in the state of New York and are caught with a spring-assisted knife, you could risk arrest and jail time. The only thing you should carry in the state is a small slipjoint that's inside your pocket and not clipped to it. Even then, you could be at risk, depending on the arresting officer.

How does a gravity knife work? ›

A gravity knife is a knife with a blade contained in its handle, and that opens its blade by the force of gravity. This mechanism of opening is fundamentally different from the switchblade, which extends its spring-propelled blade automatically upon the push of a button, switch, or fulcrum lever.

Can I keep a knife in my car in New York? ›

New York does not have concealed carry laws, therefore it is legal to open or conceal carry any knife that is legal to own and that the carrier does not intend to use unlawfully against another.

Are brass knuckles illegal in NY? ›

In the state of New York, metal knuckles are illegal. Additionally, those that may be worn as jewelry around the neck on the fingers are considered to be concealed weapons in some states. Brass knuckles have been glamorized due to their use in popular mass media, including in major TV shows and video games.

Are butterfly knives illegal in NY? ›

The easy answer to this question is that the “butterfly knife” as described above is not a “gravity knife” and therefore, your mere possession of it is not a violation of New York Penal Law 265.01(1).

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