New Jersey - Code of Criminal Justice

 

- 2C:39-3 Prohibited Weapons and Devices...

 

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.

 

- 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.

 

- 2C:39-4. Possession of weapons for unlawful purposes...

d. Other weapons. Any person who has in his possession any

weapon, except a firearm, with a purpose to use it

unlawfully against the person or property of another is

guilty of a crime of the third degree.

 

- 2C:39-5. Unlawful Possession of Weapons... d. Other weapons.

Any person who knowingly has in his possession any other

weapon under circumstances not manifestly appropriate for

such lawful uses as it may have is guilty of a crime of

the fourth degree.

- - e. Firearms or other weapons in educational institutions...

(2)Any person who knowingly possesses any weapon enumerated

in paragraphs (3) and (4) of subsection r. of N.J.S.2C:39-1

or any components which can readily be assembled into a

firearm or other weapon enumerated in subsection r. of

N.J.S.2C:39-1 or any other weapon under circumstances not

manifestly appropriate for such lawful use as it may have,

while in or upon any part of the buildings or grounds of any

school, college, university or other educational institution

without the written authorization of the governing officer

of the institution is guilty of a crime of the fourth degree.

 

 

 

 

- 2C:39-6. f. Nothing in subsections b., c. and d. of N.J.S.2C:39-5

shall be construed to prevent... (2) A person carrying a firearm

or knife in the woods or fields or upon the waters of this State

for the purpose of hunting, target practice or fishing, provided

that the firearm or knife is legal and appropriate for hunting

or fishing purposes in this State and he has in his possession

a valid hunting license, or, with respect to fresh water fishing,

a valid fishing license;

 

(3) A person transporting any firearm or knife while traveling:

(a) Directly to or from any place for the purpose of hunting or

fishing, provided the person has in his possession a valid

hunting or fishing license; or

 

 

 

- 2C:39-9. d. Weapons. Any person who manufactures, causes to

be manufactured, transports, ships, sells or disposes of

any weapon including gravity knives, switchblade knives,

daggers, dirks, stilettos... is guilty of a crime of the

fourth degree.

 

- 2C:39-9.1... Any person who sells any hunting, fishing,

combat or survival knife having a blade length of five

inches or more or an overall length of 10 inches or more

to a person under 18 years of age commits a crime of the

fourth degree...

 

New Jersey Case Law:

- "Concealment was not a necessary element of the offense of

carrying a dangerous knife." (1973)

- "Concealment of weapon at time of incident constituted

important factor of offense of possession of dangerous

knife." (1971)

NY state has proven in court that butterfly knives are NOT gravity knives. I wonder if that can be used as a defense in a NJ court.

GoNRA's post should be a sticky.

So it seems to me that your basic folder would fall under gravity knife.

So it seems to me that your basic folder would fall under gravity knife.

 

 

Incorrect. A gravity knife opens under the sole influence of gravity. Take your folder and hold it with the spine of the blade toward the ground - does it open? If not, it's not a gravity knife.

 

The firearms laws are hard enough to understand, let's not start convoluting (is that a verb?) the relatively simple knife laws.

 

JMHO

 

Adios,

 

Pizza Bob

Incorrect. A gravity knife opens under the sole influence of gravity. Take your folder and hold it with the spine of the blade toward the ground - does it open? If not, it's not a gravity knife.

 

The firearms laws are hard enough to understand, let's not start convoluting (is that a verb?) the relatively simple knife laws.

 

JMHO

 

Adios,

 

Pizza Bob

 

Yes, that's a verb, and now I know that my Kershaw is illegal to carry around, being opened by a little knob.

 

(Got it as a gift after our new GunsAmerica go-live in 2007, and it was my first non-kitchen knife. Now I have a bunch of folders from the same source.)

 

So is there a max "legal" length for folders where anything above that would be a problem?

... and now I know that my Kershaw is illegal to carry around, being opened by a little knob.

 

How did you get that from my response????? I assume that your Kershaw is an Assisted Opening knife, which is perfectly legal. You must start the opening process manually, with the thumb stud. When the blade is abou 20% to 30% out, the assist mechanism takes over.

 

Folder - Must be completely manually opened. Stays closed or open by hinge/spring pressure. LEGAL

 

Assisted Opening Folder - A folder where the opening must be manually initiated by partially opening the blade, at which point the assist mechanism takes over and opens it the balance of the distance. LEGAL

 

Switchblade or Automatic - The blade opens automatically via spring pressure when a release is activated. Release may be a push button or sliding scales or some other means. Opening requires no other manual intervention. Can be configured as a conventional folder or blade out the front. ILLEGAL

 

Gravity - There is no spring pressure on the blade to keep it in the closed or open position. The blade, literally, falls out of the handle when inverted. Usually opened by a flick of the wrist. There must be a manual locking mechanism to retain the blade in either the open or closed position. ILLEGAL

 

Ballistic - The blade is propelled from the handle via spring power. The blade becomes a projectile that separates from the handle. ILLEGAL

 

HTH

 

Adios,

 

Pizza Bob

How did you get that from my response????? I assume that your Kershaw is an Assisted Opening knife, which is perfectly legal. You must start the opening process manually, with the thumb stud. When the blade is abou 20% to 30% out, the assist mechanism takes over.

 

Folder - Must be completely manually opened. Stays closed or open by hinge/spring pressure. LEGAL

 

Assisted Opening Folder - A folder where the opening must be manually initiated by partially opening the blade, at which point the assist mechanism takes over and opens it the balance of the distance. LEGAL

 

Switchblade or Automatic - The blade opens automatically via spring pressure when a release is activated. Release may be a push button or sliding scales or some other means. Opening requires no other manual intervention. Can be configured as a conventional folder or blade out the front. ILLEGAL

 

Gravity - There is no spring pressure on the blade to keep it in the closed or open position. The blade, literally, falls out of the handle when inverted. Usually opened by a flick of the wrist. There must be a manual locking mechanism to retain the blade in either the open or closed position. ILLEGAL

 

Ballistic - The blade is propelled from the handle via spring power. The blade becomes a projectile that separates from the handle. ILLEGAL

 

HTH

 

Adios,

 

Pizza Bob

 

So even though there is a spring, since I start the opening with a lever, and the spring completes it, it is OK?

So even though there is a spring, since I start the opening with a lever, and the spring completes it, it is OK?

 

 

Yes. Assisted Opening knives are not considered automatics.

 

As to your other inquiry - in the OP the only mention of blade length puts the onus on the seller and has an age caveat - I believe it was selling a knife with a blade >5" to someone under 18 is illegal. That's all I remember seeing.

 

HTH

 

Adios,

 

Pizza Bob

Incorrect. A gravity knife opens under the sole influence of gravity. Take your folder and hold it with the spine of the blade toward the ground - does it open? If not, it's not a gravity knife.

 

The firearms laws are hard enough to understand, let's not start convoluting (is that a verb?) the relatively simple knife laws.

 

JMHO

 

Adios,

 

Pizza Bob

- 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...

 

I bolded the part that led me to believe that a simple folder would fall under gravity knife. Key words there are "led me to believe". I am no legal expert, but I know that each and every word matters. My question now is what does the bolded part cover? Does centrifugal force mean flicking your wrist opens the knife?

 

One more edit : How exactly would one legally carry a knife that is legal to own? Lets say I carry a folding knife clipped to my pants pocket. It is not concealed as the top of the knife, and clip are in plain view. My understanding is that I can legally carry that knife in that form as long as I am not doing it for an illegal reason. If an officer were to see the knife and ask WHY was I carrying the knife, would "All lawful purposes" fly, just as it is suggested for PP applications? And where do fixed blade knives come into play?

My question now is what does the bolded part cover? Does centrifugal force mean flicking your wrist opens the knife?

 

 

Yes, but can you start with the knife closed and open the blade solely by the application of centrifugal force? I have folders that with a little help from the thumb stud and a flick of the wrist will open, but I doubt I have any that will open just with a flick.

 

A flick of the wrist is how a gravity knife is suppoded to be opened - it has to get fully open to engage the lock that holds it open - that is why that language was added to the statute. When examining a knife, it is readily apparent if the intent was for it to be a gravity knife. You'd have to find a pretty malicious prosecutor to label an intact folder (hinge/spring functional) a gravity knife.

 

Adios,

 

Pizza Bob

All the automatics (which most people know what they are) are illegal. Folders and assisted openers are legal, yet only if you have a valid reason of possessing it.

 

An individual was recently pulled over who had a Kershaw folder on him. When asked why he had a knife on him, his response was that he uses it as a "multi-tool". Yeah, this 21 year old is really going to be using that as a multi-tool to skin apples and cut his fingernails with. The knife was confiscated and he was let go, although an arrest could have been made for the possession of a dangerous weapon.

 

And for the record, NEVER use the reason of "self-defense" for possessing a knife. You will most likely go to jail.

All the automatics (which most people know what they are) are illegal. Folders and assisted openers are legal, yet only if you have a valid reason of possessing it.

 

An individual was recently pulled over who had a Kershaw folder on him. When asked why he had a knife on him, his response was that he uses it as a "multi-tool". Yeah, this 21 year old is really going to be using that as a multi-tool to skin apples and cut his fingernails with. The knife was confiscated and he was let go, although an arrest could have been made for the possession of a dangerous weapon.

 

And for the record, NEVER use the reason of "self-defense" for possessing a knife. You will most likely go to jail.

 

 

with all due respect.. bad call IMO.. 21.. 19.. or 60.. doesn't change your right to legally own a knife.. carry it.. and use it when needed.. I carry a folder that I literally use every day.. doesn't matter if it is breaking down boxes at work.. cutting rope when tying something down in the bed of a truck... or even something as simple as cutting the tag off of a recently purchased stuffed animal prior to handing it to a child.. a knife is not a weapon... it is a tool that some people have elected to use as a weapon.. similar to a baseball bat.. hammer... screw driver.. etc.. the notion that someone should be singled out and have his personal property stolen based solely on age is ridiculous at best.. had he broken the law with it.. then sure.. but merely having it and not meeting the approval of some arbitrary system.. STUPID..

I understand what your saying, Vlad, and I agree with you for the most part.

 

I have a few folders that I carry every day, but that's mostly because I work with a few PD's and know numerous officers. I, also, use it as a tool and do not plan on sticking anyone with it or anything of that sort.

 

I believe a knife is not a weapon, unless you make it a weapon. It can be used as a tool. Hence, why I said "never say you are using a knife for SD".

 

It all depends on the police officer who is questioning you about it. Some don't mind if you have a valid reason and will let you possess your knife, while others don't care if you have [what you think is] a valid reason...to some a knife is a weapon, it doesn't matter what you say.

 

And regarding the male who got pulled over - the officer wasn't basing his decision based on his age, he was basing it on the fact that this person had a folding knife with I think it was a 5'' blade, that he most likely was not using as a "multi-tool." It was me who mentioned his age. And the fact that he had a hefty list of prior offenses, including aggravated assault, added to the officers decision. Frequently, people are quick to judge, or talk, and don't think about the other possible details involved in stories, cases, experiences, etc. Hence, as I said, it all depends on the officer. Some officers might not have even questioned him owning the knife, while others (like this officer did) would.

 

I think a 5'' blade is rather large for daily carry use, or to cut rope, or to shave down your wood pencil, or whatever you use your knife for. I can understand carrying a small folder for small uses, but after seeing what the knife looked like, and knowing the details (most of which you know now), I could understand the officers decision.

 

Edit: And when I mentioned his age, whether he was 21, 19, or 60, I don't think it would have mattered based on the details of this motor vehicle stop.

Where would a small double edged fixed blade fall under NJs laws? Legal or not?

This is the one Im looking at http://www.crkt.com/AG-Russell-Sting-One-piece-Hot-Forged-Double-Razor-Sharp-Edge

Where would a small double edged fixed blade fall under NJs laws? Legal or not?

This is the one Im looking at http://www.crkt.com/AG-Russell-Sting-One-piece-Hot-Forged-Double-Razor-Sharp-Edge

 

 

I THINK that is a "dagger"

Thats what I was thinking too but Im not sure. Some of these laws are about as clear as mud....

I THINK that is a "dagger"

Yup. Double edged knives = dagger just because its main purpose is for stabbing. Supposedly, knives with one sharp edge are for cutting whereas two sharp edges are for stabbing. It's funny because if you look at the definition of dagger it basically says "a sharp, pointed knife". That basically covers everything except for a butter knife, so just carry a butter knife. LOL

Yup. Double edged knives = dagger just because its main purpose is for stabbing. Supposedly, knives with one sharp edge are for cutting whereas two sharp edges are for stabbing. It's funny because if you look at the definition of dagger it basically says "a sharp, pointed knife". That basically covers everything except for a butter knife, so just carry a butter knife. LOL

 

 

LOLz