Butterfly Knives - Legal?

[Teky0101 6]

Hi Everyone,

I was just wondering if anyone knows if butterfly knives are NJ legal?

[pronoun 1]

The short answer is no, they are not. Anything that cool is illegal here

 

(But really, they fall under the definition of "gravity knives," which are illegal to either possess or carry in NJ)

[joejaxx 38]

The short answer is no, they are not. Anything that cool is illegal here

 

(But really, they fall under the definition of "gravity knives," which are illegal to either possess or carry in NJ)

 

They are not gravity knives.

 

e.Certain weapons. Any person who knowingly has in his possession any gravity knife, switchblade knife, dagger, dirk, stiletto, billy, blackjack, metal knuckle, sandclub, slingshot, cestus or similar leather band studded with metal filings or razor blades imbedded in wood, ballistic knife, without any explainable lawful purpose, is guilty of a crime of the fourth degree.

 

h."Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.

 

Further information on gravity knives: http://en.wikipedia.org/wiki/Gravity_knife

[tommy3rd 132]

according to the NY courts, they're not gravity knives. Convincing the NJ courts that it's not is another story.

In People v Zuniga, 303 AD2d 773, 759 NYS2d 86 (2d Dept 2003), the Appellate Division held that possessing a "butterfly knife" did not constitute a "gravity knife." The butterfly knife requires manual locking and thus does not come within the definition of "gravity knife."

 

Similarly, in People v Mott, 137 Misc2d 757, 522 NYS2d 429 (County Ct 1987), the judge inspected the knife and recorded his observations: "Such a knife is a folding knife with a split handle. In the closed position, the knife is covered on each side and at the point by two metal guards attached to the blade's base. To open the knife, the metal guards are folded back until they meet and are clasped and thereby form a handle for the blade." Again, the court held that the butterfly knife did not constitute a "gravity knife."

 

In People v Dolson, 142 Misc2d 779, 538 NYS2d 393 (County Court 1989), the judge stated: "While this appears to meet the first part of the statutory definition of a gravity knife, an important difference exists here. The blade of the knife recovered from Appellant does not lock into place 'when released' from its cover."

[pronoun 1]

New York is a different story. The New Jersey definition of "gravity knife" includes butterfly knives, which is why they are illegal.

 

 

- 2C:39-1 h. "Gravity knife" means any knife which has a

blade which is released from the handle or sheath thereof

by the force of gravity or the application of centrifugal

force... p. "Switchblade knife" means any knife or similar

device which has blade which opens automatically by hand

pressure applied to a button, spring or other device in

the handle of the knife... u. "Ballistic knife" means any

weapon or other device capable of lethal use and which can

propel a knife blade.

 

If you want to take the chance, be my guest. But I did the research on several occasions. Don't get caught.

[Krdshrk 3,877]

Balisong, not butterfly knife!

[joejaxx 38]

New York is a different story. The New Jersey definition of "gravity knife" includes butterfly knives, which is why they are illegal.

 

 

- 2C:39-1 h. "Gravity knife" means any knife which has a

blade which is released from the handle or sheath thereof

by the force of gravity or the application of centrifugal

force... p. "Switchblade knife" means any knife or similar

device which has blade which opens automatically by hand

pressure applied to a button, spring or other device in

the handle of the knife... u. "Ballistic knife" means any

weapon or other device capable of lethal use and which can

propel a knife blade.

 

If you want to take the chance, be my guest. But I did the research on several occasions. Don't get caught.

 

How does this definition include balisong type knives? A gravity knife is an out the front knife that is *literally* designed to use gravity to deploy the blade. (For an easier example think of a box cutter that would automatically deploy the blade if you turned it downward). A balisong's blade is only deployed when it's user manually opens it.

 

I hope this example helps :

 

[ChrisJM981 924]

Wouldn't a butterfly knife be covered under centrifugal force?

[joejaxx 38]

Wouldn't a butterfly knife be covered under centrifugal force?

 

The butterfly knife is not an out of the front knife. The only way to deploy it is to physically move the handles back. The blade cannot be deployed from the rest,safe or sheathed position without doing this. People have just invented a fancy or quick way of opening them up. If you can deploy a balisong knife with just centrifugal force or gravity from the rest/safe/sheathed position without any other manual intervention more power to you hahaha Also, in the instance with the switchblade and gravity knife you do not manually actuate the blade at all (as something else is doing it). This is why spring assisted knives cannot be considered switchblades.

[vjf915 456]

That German paratrooper knife was pretty cool....

[pronoun 1]

joejaxx YOUR definition of a "gravity knife" is NOT New Jersey's definition. The OTF knife you refer to is a gravity knife by name, but everything defined in the statute under "gravity knife" falls into that category. Butterfly knives happen to qualify under the "centrifugal force." I would not venture to challenge the nomenclature New Jersey legislature has chosen for its prohibited knives.

[Tactical Monkey 51]

illegal. If you held on to only one "half" of a balisong with the knife perpendicular to the floor, the other end would swing open exposing the blade and opening the knife due to gravity. This would be the first example performed for a jury by the DA.

[GoNRA 12]

illegal. If you held on to only one "half" of a balisong with the knife perpendicular to the floor, the other end would swing open exposing the blade and opening the knife due to gravity. This would be the first example performed for a jury by the DA.

 

+1

[SpecialK 193]

I hate this state.

[joejaxx 38]

joejaxx YOUR definition of a "gravity knife" is NOT New Jersey's definition. The OTF knife you refer to is a gravity knife by name, but everything defined in the statute under "gravity knife" falls into that category. Butterfly knives happen to qualify under the "centrifugal force." I would not venture to challenge the nomenclature New Jersey legislature has chosen for its prohibited knives.

 

Where have they been determined to fall under the definition of a gravity knife?

[vladtepes 1,060]

for arguments sake I would like to know what makes a butterfly knife illegal...

[tommy3rd 132]

illegal. If you held on to only one "half" of a balisong with the knife perpendicular to the floor, the other end would swing open exposing the blade and opening the knife due to gravity. This would be the first example performed for a jury by the DA.

Ok, let's take it farther...you hold one half the other end would swing open exposing the blade. Is it USABLE at that stage?NO. The blade doesn't lock into place. You still have to manually lock it with a lever. Like what joejaxxx said, people just invented a fancy way of opening it. Give it to someone who has never seen one and they will need two hands to open it and lock the blade into place.

[adamallen 0]

From what I've read, they are legal as long as you don't commit a crime with them

[Turboprop21 12]

2 years later from the original post I'd venture to say that train of thought will get you knee deep. A baseball bat is legal up until its used in the act of violence.

 

Welcome to the forums

[Walt of Destiny 412]

March 10th, 2013 "Suburban Trends" page A4

 

A scumbag in Ringwood was collared for crack with intent to distribute. In the article it says that police confiscated "a prohibited weapon, namely a butterfly knife"

 

Couldn't happen to a nicer guy, but I think they're a prohibited weapon. Of course the context was nothing like what would happen to one of us, but it doesn't bode well for Balisongs.

[maintenanceguy 510]

Ok, let's take it farther...you hold one half the other end would swing open exposing the blade. Is it USABLE at that stage?NO. The blade doesn't lock into place. You still have to manually lock it with a lever. Like what joejaxxx said, people just invented a fancy way of opening it. Give it to someone who has never seen one and they will need two hands to open it and lock the blade into place.

 

The engineer in me can't stand it anymore...I can open one into the fully deployed position using centrifugal force (probably more accurately centripetal force but that probably depends on whether you're the person opening the knife or the knife).

 

"flip" the knife to open it with centrifugal force and I've put enough energy into the handles that when I stop moving, the inertia of the handles keeps it moving the rest of the way to the deployed position.

 

I am confident that a butterfly knife can be opened completely by using only centrifugal force.

 

But facts in law and facts aren't always the same.

[Nikos 31]

 

 

The engineer in me can't stand it anymore...I can open one into the fully deployed position using centrifugal force (probably more accurately centripetal force but that probably depends on whether you're the person opening the knife or the knife).

 

"flip" the knife to open it with centrifugal force and I've put enough energy into the handles that when I stop moving, the inertia of the handles keeps it moving the rest of the way to the deployed position.

 

I am confident that a butterfly knife can be opened completely by using only centrifugal force.

 

But facts in law and facts aren't always the same.

 

1. If you hold the closed balisong by the hinged end (both handles horizontal) and flip it up in the air for a single revolution, the handles swing to the opposite side. Timed correctly, you can quickly snap the balisong open as you catch handles in less than a second. It's a neat trick but not a reliable method.

 

2. Even quicker and a lot more practical, you hold the balisong upside down (hinge down) with the locking latch facing away from you. Grip the latch using your thumb and index finger (hand looks like it's almost open)and allow the handle closest to you to freely swing down and as soon as it clears 180*, slightly flick your wrist to continue its momentum upward and then close your fist as you squeeze the handles together. Once you have the timing and wrist flick down, you can quickly snap the balisong open in a fraction of a second.

The end result is that the blade faces down and out.

 

 

[Old Dog 19]

Glad I moved or I could have been arrested for ignorance that NJ knife laws are tougher than NYC. I have an original Balisong Butterfly knife in my collection for a very long time. Worth much more than I paid for it. I also have a few original SpyderCo's and Cold Steel knives from when these companies first started making knives. When I eventually retire I may photograph them and sell them on ebay. Many are worth a few hundred dollars now.