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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    Get OutwillydMagicDaveHeed the Call-upras52 Recent comment authors
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    willyd
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    willyd

    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
    Member
    MagicDave

    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
    Member
    Will

    What a shithole NY is !

    ras52
    Member
    ras52

    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
    Member
    Get Out

    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
    Member
    Heed the Call-up

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

    Get Out
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    Get Out

    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
    Member
    Heed the Call-up

    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
    Member
    Get Out

    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?

    Keep-On-Trumpin
    Member
    Keep-On-Trumpin

    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
    Member
    Vanns40

    Welcome to the new Great Britain…..

    USA
    Member
    USA

    Is New York going to put out those little steel box’s like in Europe so you can surrender your knives to the box for the Muslims to come and retrieve to use against you?