All About Gravity Knives
The term "gravity knife" typically refers to a knife "with a blade that is deployed by the force of gravity or applied pressure and is held in place by a mechanical lock." New York Penal Law (NY PL) § 265.01(1) governs possession of gravity knives in New York state. NY PL § 265.01(1) makes it unlawful to possess "all dirk knives, daggers, gravity knives, razor knives, box cutters, and utility knives that have a blade that can be released from a sheath or other attachment by the force of gravity or the application of pressure to the hand grip, or which has a blade 4 inches or more in length." The law is commonly understood to prohibit folding knives that do not require mechanical assistance to open, such as thumb studs or springs. The law does not prohibit folding knives with blades that are released by thumb pressure if the blade is released into a legal position, meaning that the blade must remain locked even when fully opened. But the law does prohibit folding knives with blades that are automatically released into the open position if the blade or knife otherwise meets the above definition.
Gravity knives are different from switchblades. Unlike switchblades, possession of a gravity knife is a Class B misdemeanor in New York. Possession of switchblades with blades that are 3 inches or longer is a Class B felony, while switchblades with shorter blades carry a Class A misdemeanor penalty.
Most knives sold in stores today are not covered by the possession ban under NY PL § 265.01(1). There is a safe harbor for knives with conventional folding mechanisms that cannot be released by the mere shaking or other forced of the handle. These knives are "commonly known as ‘pocket knives’ or ‘pen knives , ‘ even though their blades can be as long as four inches."
The knife ban exempts some common garden tools with blades that are 4 inches or longer. These exceptions for tools include:
The law does not exempt other, common garden implements, such as common hand shovels. Also common household tools that are not exempt from the ban include utility knives and box cutters.
The precise meaning of "gravity knife" has been the subject of years of litigation in the New York state courts. The New York Supreme Court (a trial court) on July 11, 2017, dismissed charges of criminal possession of a weapon in the third degree, after a second conviction in Bronx County Criminal Court against the manufacturer Benchmade Knife Company was reversed.
"The People presented legally insufficient evidence that the knives seized in the instant case are ‘gravity knives,’" the decision by Associate Justice Richard M. Mott wrote in People v. Benchmade, 1593/2014 (for 2012 knives). The verdict was also vacated in a case against Benchmade Knife Company for two knives in Kings County Supreme Court, Sitting as a Grand Jury.
To understand what constitutes a gravity knife, many factors and considerations enter the equation. Knives are frequently tested under several different circumstances. According to the NY Supreme Court, In addition to shaking the knife, the blade may also be released by applying pressure to the handle (i.e., a stabbing motion) or "a two-handed motion whereby one grips the handle and activates the spring blade mechanism with the other."
A Brief History of New York Gravity Knife Laws
The roots of the current law date back to 1958. That is when the New York State legislature first defined the term "gravity knife" in Article 265 of the New York Penal Law as a knife which has a blade which "drops down or flips open by the force of gravity, or by the application of centrifugal force, or by any automatic or mechanical action, or any kind of pressure" when the "blade is released from a locked position." As originally enacted, a "gravity knife" was merely a prohibited weapon carried for an illegal purpose (to use the actual language of the law, a "gravity knife unlawfully possessed"). Use of a gravity knife in connection with a crime was not a separate offense, but only an aggravating factor elevating the basic criminal offense to a more serious class of crime.
In the 1970s, several decisions from the Appellate Division and the Court of Appeals construed the statute to require some degree of mechanical release from a "locked position" before the knife could be classified as a "gravity knife." The most notable of these decisions was People v. Jones, 48 N.Y.2d 643 (1986), which adopted the majority and dissenting opinions of the Appellate Division in that case on certification. There, Court held that to be a "gravity knife," a knife must have
some locking mechanism that is released by some mechanical action or motion, however slight, such as flicking the lever or button as in the Swiss Army Knife or applying pressure to a tab on the handle, or whipping the knife as in the case of the lock back spring knife.
The lock-back knife at issue in Jones, like many today’s modern knives, was cam-action, meaning that even if the knife was unlocked, the blade would snap back closed when it was allowed to just hang. The Court held that the knife was not a "gravity knife" subject to criminal prosecution under N.Y. Penal Law § 265.01(1) because it was not released from a locked position.
In recent years, however, the legislature and enforcement agencies of New York have begun to actively prosecute the use of certain folding knives, including automatic knives, as "gravity knives" on a massive scale. The New York City District Attorneys (Manhattan DA’s Office, Bronx DA’s Office and Brooklyn DA’s Office) have publicly stated that they each issue thousands of "gravity knife" violations per year, and that the issuance of such summonses now constitutes the "dividing line between a violation [for misdemeanor punishable by a fine] and a felony complaint [and/or arrest for a felony]."
Current Legal Status of NY Gravity Knives
Currently, gravity knives are considered "Illegal Knives" in New York State under NY Penal Code Section 265.00(5) which states: "Any knife, dagger, dirk, razor, stiletto, bord knife, or other dangerous instrument or weapon with a blade which is automatically opened by gravity, by hand, pressure or by any mechanical device which produces or draws back a blade covered by the sheath to expose the blade." Penalties for unlawful possession of a gravity knife under § 265.02(4) are misdemeanor charges punishable by up to one year in jail and/or a fine of up to $1,000.
On March 31, 2015 the New York City Criminal Court, in People v. James Kirsch, held that Kirsch’s possession of an "Exacto Knife" was not the possession of a gravity knife prohibited under § 265.00(5). The court dismissed the case because the prosecutor failed to establish that Kirsch’s knife was a "gravity knife" under § 265.00(5). Nevertheless, prosecutors have persisted in bringing criminal charges in the two years following Kirsch despite being aware of the case.
On March 15th, 2017 the Federal District Court for the Southern District of New York further limited the scope of gravity knives prohibited under § 265.00(5). In Coalition For Safe Port v. City of New York, the court held that plaintiff’s complaint, which sought injunctive and declaratory relief to enjoin the enforcement of New York’s ban on such knives, stated a plausible First Amendment violation claim. The court held that the law was unconstitutional under the intermediate scrutiny standard of review because it was "either too broad or too narrow."
It must be noted that the Second Circuit recently ruled on this issue on November 8, 2017. In Knife Rights, Inc. v. Cuomo, Knife Rights, Inc., a knife advocacy group, commenced an action seeking declaratory and injunctive relief to enjoin the enforcement of New York’s ban on gravity knives. The Second Circuit held that the Magistrate Judge in the Northern District of New York properly assessed whether New York’s gravity knife law was unconstitutionally vague. As such, it vacated the lower court’s ruling and remanded for further fact finding. The Second Circuit did not address the Second Amendment claim raised by Knife Rights.
New York’s ban on gravity knives is currently under active legal challenge and plaintiffs will likely petition the high court for review in the future.
Exceptions to the Law
In practice, this means that certain knives that would otherwise be considered gravity knives are "grandfathered in," exempt from the prohibition on possession. In other cases, some professions may require or allow for other uses of otherwise restricted knives. Such uses and exemptions include:
First, the law specifies that the prohibition does not apply to a person who "uses a gravity knife solely as a tool for the purpose of such person’s profession." This makes an exemption only if you are a "professional," and only in your professional capacity. Note that "tools" means something other than the knife (except where it may be used as a weapon or hand-to-hand fighting implement). "Profession" is not defined in the exemption. But generally, a professional is someone who provides a service to clients, not necessarily a person who is necessarily compensated in any way. A few examples of people who might qualify for this exemption include carpenters, tradesmen (unlike a carpenter, in one appellate division case, the court held that a fisherman is not a tradesman and if the fisherman fought someone with a gaff-style knife, she could have been charged with criminal possession of a weapon). This case has been criticized, though, so in practice, the law is unclear on this point.
Second, the law provides that the prohibition does not apply to a person who "uses a gravity knife solely for the purpose of attaining self-defense." This exemption only applies in connection with the defense of a person, not a home (e.g., at work or in public). It is also frustratingly unclear because a New York appellate court has held that a "combative conduct , " including fighting for self-defense, is the same thing as violent conduct even when it is necessary and warranted self-defense, which is an affirmative defense to criminal charges of violence. Other lesser charges – such as a civil procedure filed against the person who was exercising his right of self-defense – is dismissed or not pursued by the District Attorney. There are different types of self-defense, and a person attacking another can be both the victim of an attack (self-defense) and the perpetrator of an attack (violent conduct). Unfortunately, these cases fail to consider that the goal of the law is to allow judgment-free possession of certain knives, and an individual’s reason for possession should not factor into the analysis. Yet, some people have claimed to police officers that they are only carrying a knife because it might be needed for self-defense, but it is not a combat weapon. They are not telling the truth, and telling the truth can expose them to arrest for illegally possessed weapons.
This exemption is a specific exemption for criminal possession of a weapon in the third-degree, and it is not an exemption to New York’s Laws eighth article: concealed weapons, dangerous instruments and appliances (N.Y. Penal Law § 265.01-26). The prohibition also does not apply to a person who possesses a gravity knife "for use by a holsterner or other purveyor of knives, or for use by a member of the armed force of the United States or of a regularly organized militia." Again, this is not a correct statement of the law.
Possession Consequences
The legal repercussions of possessing a gravity knife without a concealed carry permit are serious. A first-time offense can result in a fine of up to $1,000 and/or a 1 year prison sentence. A second offense can include fines ranging from $1,500 to $5,000 for possession of a gravity knife, and up to $3,000 for sale. It also includes a jail time of up to four years in prison. However, if the knife is considered a "switchblade," the penalties and fines increase substantially. On your first offense, you could be fined up to $10,000 and sent to jail for up to three years. Second and subsequent offenses can include a $20,000 fine and may involve time in prison ranging from 1 year to 15 years. Regardless of the type of automatic knife you possess and the penalty you may face, all violations of the New York Penal Law carry with them a negative impact on your criminal record. Even if the charges are dropped or dismissed, the arrest will remain on your record, and prospective employers, housing facilities, and others will have access to that information during hiring practices.
Compliance Advice
Unfortunately, the gravity knife law in New York is complicated and people can easily find themselves in violation of the law. Here are some tips for New York residents to avoid violating the law: Leave your gravity knife at home if you simply want a great knife you can legally carry every day of the week. If you need a knife for work reasons, or for other purposes, consider switching to a knife that is not a gravity knife, or other switchblade or automatic knife. Specifically, consider using either a knife with an assist opening mechanism, or a knife that can be opened with one hand alone. A knife with an assist opening mechanism still has a spring-loaded blade, but the blade will release more slowly than with a gravity knife, and will not open with the flick of the wrist. There are many knives that employ an assist opening mechanism. In these types of knives, a small bar, spring or other element is built into the handle of the knife. When the blade is closed, the spring is compressed. When the knife is open, the compression releases and the blade deploys actively, assisted by the spring . The spring assists the user in the deploying of the blade, but does not do so on its own while the knife is being gripped by the user. The determining factor is whether the blade opens and deploys automatically. If it does, then it is a prohibited knife. Knives that are excluded from the prohibited list include sting blades or daggers with a double-edge, which are explicitly called out in the statute. Another style of knife that is legal to own but not legal to carry is the balisong or butterfly knife. This knife is also excluded from the prohibited list, and therefore is legal to own and carry, but only after successful completion of a special class to learn how to use and handle the knife safely. If you must carry a knife for professional work reasons on a day-to-day basis, we strongly recommend that you check in with your employer regarding whether they have any policies, customs or norms regarding the type of knife you can carry (and how it is carried) in the workplace. Finally, always remember it’s best to avoid confrontations with law enforcement.