NY Giveth & NY Taketh – New NY Knife Ban Signed

Knife Ban Blade Knives iStock-538338836
NY Giveth & NY Taketh – New NY Knife Ban Signed

USA – -(AmmoLand.com)- While we were successful in repealing New York's Gravity Knife Ban in an effort to solve the problems with New York City's unconstitutional enforcement scheme, we were unable to stop another irrational knife ban from being put in place. Governor Cuomo has signed S4202, a ban on manufacturing, shipment or possession of “undetectable” knives.

(NOTE: The bill passed with partisan majorities after five prior attempts where it passed the Assembly twice, but never previously got even a committee vote in the Senate. This year the Senate switched from Republican to Democratic control)

The definition of an “undetectable knife” is: “any knife or another instrument, which does not utilize materials that are detectable by a metal detector…that is capable of ready use as a stabbing or cutting weapon and was commercially manufactured to be used as a weapon” (emphasis ours).

The possession restriction is subject to the proviso that the knife or instrument not be possessed “with the intent to use unlawfully against another.” This is a gray area in the law that is subject to abuse in some jurisdictions, particularity large cities. Please review our warning advising to never claim carry of a knife for self-defense in order to understand one part of this abuse issue. Note that even if you don't make this claim, it doesn't prevent law enforcement or prosecutors from charging you with the crime and it would be up to your lawyer to fight that. As such, we'd suggest you may want to consider if the risk is worth it to carry one of these “undetectable knives.” There is no such proviso limiting sale or shipping, they are banned altogether.

The new law is unlikely to accomplish anything worthwhile, but rather will give law enforcement and prosecutors another way to harass what will almost always be innocent victims of another poorly conceived and unnecessary knife ban.

The crime will be a Class A misdemeanor punishable by up to a year in jail and goes into effect on November 1, 2019. As with other NY Class A misdemeanors, it can, and likely would be, upgraded to a felony charge if there is a prior criminal conviction. Those in possession of these commonly available items may want to consider disposing of them by some means prior to that date if they desire to avoid any possibility of criminal liability.

While it will take court rulings to determine exactly what is meant by “commercially manufactured to be used as a weapon,” it is likely that anything that has been presented as such in any advertising or promotion by a company will almost certainly be included, as will likely any knife that is a copy of, or visually similar to, a knife that has ever been advertised or promoted as a weapon. So, daggers, for example, are likely to be included. Calling something a “letter opener” is unlikely to persuade a NY prosecutor or judge. Word to the wise…


About Knife Rights :Knife Rights

Knife Rights (www.KnifeRights.org) is America's Grassroots Knife Owners Organization, working towards a Sharper Future for all knife owners. Knife Rights is dedicated to providing knife owners an effective voice in public policy. Become a Knife Rights member and make a contribution to support the fight for your knife rights. Visit www.kniferights.org

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ExGob
ExGob
11 months ago

If the antis had their way about it, it would eventually be illegal to attempt to protect ourselves even with words (“please don’t hurt me, Mr. Criminal”). Fortunately there are still those of us around with big enough balls to resist an attack with whatever we can lay our hands on and to hell with the laws against it. Criminals don’t worry about the laws, so when it comes to protecting ourselves and our loved ones, why should we? When the law denies self preservation, forget the damn law and

BE PREPARED!

JIAZ
JIAZ
11 months ago

NYC is a lost colony.

CaptainKerosene
CaptainKerosene
11 months ago

Parents, Do Not allow your kids to manufacture a wooden, balsa wood Bowie knife.

willyd
willyd
11 months ago

Next they will be passing out large corks so you can’t pass gas!!!!!!!! Then when punctured you’ll just fly away,end of problem!!!!! Give to Cummo and Deblasio, first to see if it works!

MagicDave
MagicDave
11 months ago

Governor Cuomo has been misspelling his name for his entire life. It is Comrade Commie. He has 24-7 State Police Protection why should he care about ordinary citizens….. Like Me for instance.

Will
Will
11 months ago

What a shithole NY is !

ras52
ras52
11 months ago
Reply to  Will

Will, I agree. Hank Jr. summed it up long ago in a song when he said “send me to hell or New York city, it would be about the same to me”.

Get Out
Get Out
11 months ago

Let’s hope this new knee-jerk knife law doesn’t lead to reasons made up by LEO’s to stop & frisk of anyone and everyone in NY….. wait a second… disregard it’s already being done.

Heed the Call-up
Heed the Call-up
11 months ago
Reply to  Get Out

Actually stop and frisk isn’t being done now, it was ruled unconstitutional years ago.

Get Out
Get Out
11 months ago

https://www.nyclu.org/en/stop-and-frisk-data
In 2018, 11,008 NYPD stops were recorded.
7,645 were innocent (70 percent).
6,241 were black (57 percent).
3,389 were Latino (31 percent).
1,074 were white (10 percent).
Unfortunately stop and frisk is still being done, just not on the scale it used to be.

In the first quarter of 2019, 3,175 stops were recorded.
2,142 were innocent (68 percent).
1,900 were black (60 percent).
914 were Latino (29 percent).
290 were white (9 percent).

NYCLU’s most recent detailed analysis of stop-and-frisk data and practices can be found in our 2019 report, “Stop-and-Frisk in the de Blasio Era.”

Heed the Call-up
Heed the Call-up
11 months ago
Reply to  Get Out

Down from almost 700,000 stops a half-dozen years ago when the police were abusing the the practice under Mayor Bloomberg. The court’s ruling stated the police are allowed to make stops for reasonable cause (i.e., suspicious activity), just not for any reason, as they apparently were previously.

Get Out
Get Out
11 months ago

As you have stated S&F was ruled unconstitutional years ago. The question is why are they still doing it if it was ruled unconstitutional?

American Patriot
American Patriot
11 months ago

It’s NY….What do you expect, it’s not like they or Calif are part of American any more. I vote to just give them to Mexico as long as they put them on their So. border!!!

Vanns40
Vanns40
11 months ago

Welcome to the new Great Britain…..