what size knife is legal to carry in new york city

Alarm: NYC has interpreted the state constabulary against gravity knives such that if an officer tin "wrist flick" the knife blade open and the knife blade locks open, that knife is an illegal gravity pocketknife. NYC takes this position even if information technology requires multiple tries and use of exaggerated arm thrust or motion. Information technology does not matter that you cannot "wrist motion picture" the knife open; if an officer or prosecutor can do and so, and they may well exist stronger and/or more skilled than you lot at doing so, you may be arrested. If you have whatever prior conviction, it volition exist upgraded to a felony prosecution. Using this interpretation and  vague "functional test", almost whatever lockblade knife might be deemed an illegal gravity pocketknife. May 30, 201:ix 9 years of hard work and try, including eight years of costly Federal litigation and the threat of losing big time at the U.S. Supreme Court (see below), has finally convinced New York Governor Andrew Cuomo to sign  A5944, repealing the state'southward bans on Gravity Knives. Although the beak leaves the definition of a gravity knife intact, the statutory repeals brand the knives legal, stripping New York Metropolis and Commune Chaser Cyrus Vance, Jr. of their power to continue to abuse the definition of a gravity knife and continue to abort and prosecute people past claiming a common lock bract folding knife or utility knife is an illegal gravity knife. The police force was constructive immediately.  Full story about Knife Rights' huge win at: https://kniferights.org/legislative-update/a-knife-rights-victory-freedom-finally-wins-in-new-york/

June 2, 2019: Unfortunately, only a few days subsequently enactment unrepentant Mayor Bill de Blasio' New York Police Department, both of whom strongly opposed the bill, announced that they are unwilling to stop arresting knife carriers. Grasping at straws, they have dug up an primitive, rarely used Metropolitan Transportation Dominance regulation (see below) and promised publicly that enforcement will go on on MTA subways.

June eighteen, 2019: The Supreme Court of the United States denied Plaintiff'south petition for a Writ of Certiorari, ending 8 years of Knife Rights' federal civil rights litigation against New York City and District Chaser Cyrus Vance, Jr. The Court's denial would be more than disappointing had the stiff possibility of beingness granted Cert not been a major cistron pushing Governor Cuomo to sign A5944 but a couple weeks earlier, repealing the state's gravity knife ban.

Moreover, in their "mootness cursory" to SCOTUS the NYPD may have committed, even in the subways (and buses), to no longer using the unconstitutionally vague "wrist motion picture test" that was at the root of their arrests and prosecutions, also as our example (a test that was never actually addressed by the courts who avoided dealing with the actual merits of the case in their decisions):

"Pointing to a statement of a New York City Police force Department (NYPD) spokesperson, petitioners incorrectly suggest that the NYPD volition continue to utilize the 'wrist-flick test' and the definition of a 'gravity knife' under N.Y. Penal Law § 265.00(5) to specifically target possession of gravity knives in the subways. But neither point is truthful. Following the repeal, the NYPD has renounced reliance on the 'wrist-picture examination' on which petitioners' constitutional challenge has hinged."

"…the NYPD does non intend to utilize the wrist-flick examination in enforcing the MTA regulations. Counsel for respondents accept been informed past the NYPD, and have been authorized to inform the Court, that the NYPD determined afterward repeal of the gravity-knife statute that New York City police officers will no longer be trained on, or authorized to use, the wrist-pic test to place an illegal gravity pocketknife. The NYPD will thus enforce the prohibition of weapons or other dangerous instruments on public transit nether t he MTA regulations without reference to whether the weapon constitutes a "gravity knife" as defined under Due north.Y. Penal Law § 265.00(5) and without reference to the wrist-film test. That exam has been the basis of petitioners' instance since its inception (JA37, 42; Pet. iii, 6-8). The NYPD'due south abandonment of the exam confirms that petitioners' cadre vagueness argument no longer applies."

Having represented to the Supreme Court of the United States that the NYPD will not use the "wrist motion picture exam" to enforce the gravity knife prohibitions in the subways (and buses), they may exist stuck with that position under a doctrine called "judicial estoppel." Although in that location is no way to know for sure until the issue is addressed past a court, people who detect themselves charged with gravity knife possession in the subway under circumstances where the officer used the "wrist flick test" should consider asking their attorney to argue "judicial estoppel" equally role of any defence.

Warning: Absent changes in the MTA lawmaking, true gravity knives, similar a German paratrooper pocketknife, will remain illegal on subways and buses.

Warning: On June 10, 2018, the highest court in New York State upheld the conviction of an individual in possession of an assisted opening (jump-assisted) folding knife that he used in his work under the theory that it was an illegal switchblade knife under New York constabulary. Essentially, this decision redefined what a switchblade is under New York State police to include assisted opening (spring-assisted) knives. This conclusion applies to the unabridged land, non just New York Urban center. Details at: https://kniferights.org/legislative-update/ny-assisted-openers-switchblades/Knife Rights recommends that you do not comport an assisted-opening knife in New York.  Note: The exception is that If treated equally a switchblade, they may be possessed for use while hunting, trapping or fishing or en-route to or from those activities past a person with a valid hunting, trapping or fishing license.

Warning: Note that New York City administrative lawmaking has an under-iv-inch blade length limit and requires knives be carried COMPLETELY concealed. Knife Rights recommends that you never carry your knife clipped to your pocket in New York City. If you plan to deport a folding knife in New York Metropolis, we propose that if it has a pocket clip, you should remove it so you don't inadvertently clip it to your pocket after utilize.  Even when covered by a jacket, only moving the jacket bated to get to a wallet has been enough to get folks violated. Always ensure your knife is completely concealed at all times, including non "printing" on the exterior of your clothing. In add-on, be extremely attentive almost using a knife for whatever purpose in a public setting.

Alert: While enactment of A5944 ways true gravity knives, such equally the German paratrooper knife, are now legal in NY state, delight REVIEW our WARNINGS below about New York City Administrative Lawmaking.  In item, some of these aforementioned true gravity knives have blades that are iv-inches or longer and would not be legal in NYC.

Annotation: While there is nil in the administrative code compelling or assuasive seizure of the knife in question, invariably the knife will exist taken past the officer. In cases where it has been returned is has taken months of effort and frequently apply of an attorney. We recommend you never bear a knife in NYC that is valuable or that you do not want to lose.

Please contact Knife Rights at nycity@kniferights.org if yous are arrested on an illegal pocketknife charge in New York Urban center.

§ x-133 Possession of knives or instruments.

a. Legislative findings. Information technology is hereby alleged and institute that the possession in public places, streets and parks of the city, of large knives is a menace to the public health, peace, safety and welfare of the people of the urban center; that the possession in public places, streets and parks of such knives has resulted in the committee of many homicides, robberies, maimings and assaults of and upon the people of the city; that this condition encourages and fosters the committee of crimes, and contributes to juvenile delinquency, youth crime and gangsterism; that unless the possession or carrying in public places, streets and parks of the city of such knives without a lawful purpose is prohibited, there is danger of an increase in crimes of violence and other weather detrimental to public peace, safety and welfare. It is farther declared and found that the wearing or carrying of knives in open view in public places while such knives are non beingness used for a lawful purpose is unnecessary and threatening to the public and should be prohibited.

b. It shall be unlawful for whatever person to carry on his or her person or have in such person's possession, in any public place, street, or park whatsoever knife which has a blade length of iv inches or more.

c. It shall exist unlawful for any person in a public place, street or park, to wear exterior of his or her clothing or carry in open view any knife with an exposed or unexposed bract unless such person is actually using such pocketknife for a lawful purpose equally set forth in subdivision d of this department.

d. The provisions of subdivisions b and c of this section shall not apply to (1) persons in the armed forces service of the state of New York when duly authorized to behave or display knives pursuant to regulations issued by the chief of staff to the governor; (2) police force officers and peace officers as defined in the criminal procedure police; (3) participants in special events when authorized by the police commissioner; (4) persons in the military or other service of the United States, in pursuit of official duty authorized by federal law; (five) emergency medical technicians or voluntary or paid ambulance drivers while engaged in the performance of their duties; or (six) any person displaying or in possession of a knife otherwise in violation of this section when such knife (a) is being used for or transported immediately to or from a place where information technology is used for hunting, fishing, camping, hiking, picnicking or whatever employment, trade or occupation customarily requiring the apply of such knife; or (b) is displayed or carried by a member of a theatrical group, drill team, military or para-military unit or veterans organisation, to, from, or during a coming together, parade or other performance or do for such result, which customarily requires the carrying of such pocketknife; or (c) is beingness transported directly to or from a identify of purchase, sharpening or repair, packaged in such a style as not to allow like shooting fish in a barrel access to such knife while it is transported; or (d) is displayed or carried by a duly enrolled member of the Boy or Girl Scouts of America or a similar organization or society and such display or possession is necessary to participate in the activities of such organization or gild.

e. Violation of this section shall be an offense punishable by a fine of not more 3 hundred dollars or by imprisonment non exceeding fifteen days or by both such fine and imprisonment.

§ 10-134 Prohibition on sale of certain knives.

a. Legislative findings. It is hereby declared and found that the possession in public places, streets and parks of the urban center, of folding knives which lock upon opening, is a menace to the public health, peace, safety and welfare of the people of the urban center; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings and assaults of and upon the people of the city, that this condition encourages and fosters the commission of crimes, and contributes to juvenile malversation, youth crime and gangsterism; that if this state of affairs is not addressed, then at that place is a danger of an increase in crimes of violence, and other conditions detrimental to public peace, safety and welfare. Information technology has been institute that folding knives with a blade of four (4) inches or more that locks in an open position are designed and used well-nigh exclusively for the purpose of stabbing or the threat thereof. Therefore for the safety of the metropolis, such weapons should exist prohibited from sale within the jurisdiction of the metropolis of New York.

b. It shall be unlawful for any person to sell, or offer for auction inside the jurisdiction of the city of New York, whatever folding knife with a blade length of 4 or more inches which is so constructed that when information technology is opened it is locked in an open position and cannot be closed without depressing or moving a release mechanism.

c. Exempt from this section are importers and exporters or merchants who ship or receive locking folding knives, with a blade length of four or more inches, in bulk, which knives are scheduled to travel or have travelled in the course of international, interstate, or intrastate commerce to a signal outside the urban center. Such bulk shipments shall remain in their original shipping bundle, unopened, except for inspection and possible subdivision for further movement in interstate or intrastate commerce to a bespeak outside the city.

d. Violation of this section shall be an criminal offence punishable past a fine of non more than than seven hundred fifty dollars ($750) or by imprisonment non exceeding fifteen days (15) or both such fine and imprisonment. Whatsoever person violating this section shall be subject to a ceremonious penalization not to exceed one yard dollars for each violation.

New York Codes, Rules, and Regulations; Title 21 – Miscellaneous; Chapter XXI – Metropolitan Transportation Authority; Subchapter D – Rules and Regulations Governing the Deport and Safety of the Public (emphasis ours):

Department 1050.8 Weapons and other dangerous instruments.

(a) No weapon, dangerous instrument, or whatsoever other particular intended for use equally a weapon may exist carried in or on any facility or conveyance. This provision does not apply to law enforcement personnel and persons to whom a license for such weapon has been duly issued and is in forcefulness (provided in the latter case the weapon is concealed from view). For the purposes hereof, a weapon or dangerous musical instrument shall include, only non be express to, a firearm, switchblade knife, gravity knife , boxcutter, straight razor or razor blades that are not wrapped or enclosed in a protective covering, sword, shotgun or rifle.

Department 1050.10 Fine and penalties.

Pursuant to section 1204(5-a) of the Public Authorities Constabulary, any person committing one or more violations of these rules shall exist subject to either:
(a) criminal prosecution in the criminal court of the City of New York, which courtroom may impose a fine not to exceed twenty-five dollars or a term of imprisonment for not longer than 10 days, or both; or

(b) civil penalties imposed by the transit adjudication bureau in an corporeality non to exceed 1 hundred dollars per violation (sectional of interest or costs assessed thereon).

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Source: https://kniferights.org/legislative-update/new-york-city-administrative-code-knives/