New York’s pocket knife laws are complex, with distinctions between state and city regulations, blade types, and permissible use cases. Here’s a structured breakdown:
Prohibited Knife Types
Switchblades, metal knuckle knives, ballistic knives, and cane swords are explicitly banned statewide under Penal Law 265.01(1), regardless of intent. Gravity knives face mixed restrictions: while state law has relaxed some provisions, NYC still prohibits them.
Blade Length Restrictions
- Statewide: No explicit blade length limit, but knives carried with intent to use unlawfully are prohibited.
- NYC: Possession of any knife (fixed or folding) with a blade ≥4 inches in public spaces is illegal under Administrative Code 10-133.
Carry Regulations
- Open vs. Concealed:
- Open carry is generally permitted if not deemed a “weapon,” but visible knives in NYC may violate “public view” laws.
- Concealed carry is legal if the knife is not prohibited and lacks unlawful intent.
- Intent Matters: Carrying any knife “for protection” is treated as criminal intent, risking misdemeanor charges (up to 1 year jail) or felony upgrades for prior convictions.
Exemptions
- Occupational Use: Knives used for work (e.g., construction, fishing) or recreation (hunting) are exempt if carried as tools.
- Law Enforcement/Military: Active-duty personnel may carry otherwise prohibited knives like switchblades.
Penalties
- Per se illegal knives (e.g., switchblades): Class A misdemeanor (1 year jail).
- NYC blade ≥4 inches: Up to 15 days jail.
- Felony charges apply for repeat offenders or intent to commit crimes.
Practical Guidance
- NYC residents should avoid blades ≥4 inches and anything resembling gravity/automatic knives.
- Statewide: Folding knives <4 inches are safest, though longer blades are legal if carried lawfully (e.g., for camping).
- Avoid claiming self-defense as a reason for carrying.
Always verify local ordinances, as NYC enforces stricter rules than the state.
Sources:
- https://www.akti.org/state-knife-laws/new-york/
- https://www.nyc.gov/site/nypd/about/faq/knives-faq.page
- https://www.tsiglerlaw.com/blog/new-york-knife-laws/
- https://dailycarryco.com/blogs/everydaycarry/understanding-the-new-york-gravity-knife-law
- https://wiciklaw.com/what-are-the-knife-laws-in-new-york-all-you-need-to-know/