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Knife Law - Two Part Question

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(1) I have a folding knife with a 3 and a half inch blade, 8" overall. Can I legally carry it in NJ?

 

If so:

 

The knife has a clip on the handle, can the knife be concealed in the pants pocket or doe's it have to be clipped onto a belt or on the inside of the front pant pocket?

 

From what I have read I would need a legitimate cause to carry the knife, what is a legitimate cause for carrying a knife in Jersey?

 

(2) I work in NYC, can I legally carry the knife there?

A legitimate cause is (unfortunately) partially up to the discretion of the officer. For some, saying something to the effect of using it on a regular basis for things such as opening boxes, wrappers and such may fly....for others it may not. My suggestion is to find a BASIC knife with a straight edge (non-serrated edge) if your knife doesn't fit this description. "I'm in a bad neighborhood, I carry it in case I get mugged" is NOT a legitimate reason. As for the size of the knife, I am unsure and will let others answer.

  • Author

A legitimate cause is (unfortunately) partially up to the discretion of the officer. For some, saying something to the effect of using it on a regular basis for things such as opening boxes, wrappers and such may fly....for others it may not. My suggestion is to find a BASIC knife with a straight edge (non-serrated edge) if your knife doesn't fit this description. "I'm in a bad neighborhood, I carry it in case I get mugged" is NOT a legitimate reason. As for the size of the knife, I am unsure and will let others answer.

It is a single edge straight blade.

When I read the law, which was quite a while ago, I got the impression that you could carry a knife any way you wanted. You should have a reason, which I would imagine being anything legal. The knife laws are about as specific as the gun laws in NJ. Don't do illegal things while a knife is with you.

I carry my knife every day, clipped to my front pocket. I use it nearly every day. I've never been questioned or even looked at funny for having it.

I know less about NY law than I do about NJ law, which is not alot.

(1) I have a folding knife with a 3 and a half inch blade, 8" overall. Can I legally carry it in NJ?

 

 

length has no bearing on legality...

can you intelligently convey to the officer your legitimate use?

as pointed out the legality will be decided if you end up interacting with the police.. generally speaking I carry a pretty large folder every day.. and I have been quite literally never questioned about it...

 

(2) I work in NYC, can I legally carry the knife there?

 

not a clue..

I also carry my knife EVERYDAY, EVERYWHERE, my knife also has a blade that is 3.5 inches long. 3.5 inches is probably bigger than you would need for "cutting open boxes". But that's not the only thing that factors in. Treat the officer with respect. Don't get caught doing anything illegally. If you know you are going somewhere that has metal detectors, I would suggest not bringing the knife with you. If asked why you have the knife, try to downplay it and make it seem as innocent as possible. If I was asked, I wouldn't give the slightest hint that I would use the knife in defense if I had to. How you act is how the officer will respond. Act like an innocent human being who wouldn't consider using the knife for anything but opening boxes at work, and you should be treated as such.

Length only matters when it comes to selling to minors, cause you know...according to our laws, a minor doesn't know how to handle a longer knife. :facepalm:

 

- 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

 

Carry in NY (knife or gun) and you'll end up like plaxico.

 

 

Carry in NY (knife or gun) and you'll end up like plaxico.

 

In NYC your clothing matters. If you wear a suit cops will pretty much ignore you unless you're running around waving a weapon of some sort.

 

If you wear blue jeans and a T-shirt, best not to have a weapon on you. Of course I worked in Manhattan when Giuliani was Mayor and I saw guys get stopped for the ole Beer in a brown bag and the let me in my suit walk right past with the same thing.

In NYC your clothing matters. If you wear a suit cops will pretty much ignore you unless you're running around waving a weapon of some sort.

 

If you wear blue jeans and a T-shirt, best not to have a weapon on you. Of course I worked in Manhattan when Giuliani was Mayor and I saw guys get stopped for the ole Beer in a brown bag and the let me in my suit walk right past with the same thing.

 

 

Consider too that if your blue jeans are worn at hip height and your T-shirt is not baggy you have less chance of getting stopped...

(1) I have a folding knife with a 3 and a half inch blade, 8" overall. Can I legally carry it in NJ?

 

If so:

 

The knife has a clip on the handle, can the knife be concealed in the pants pocket or doe's it have to be clipped onto a belt or on the inside of the front pant pocket?

 

From what I have read I would need a legitimate cause to carry the knife, what is a legitimate cause for carrying a knife in Jersey?

 

(2) I work in NYC, can I legally carry the knife there?

 

There is an organization that is associated with the Cherry Ridge folks. I can't think of the name, but in the newsletter about two months ago they were alerting people about spring assisted blades and such. It seems that th Police are getting tougher on people that have a knife visible. Not much to go on for you in this post but that organization has a lot to do with NY knife laws. I will see if I can find it when I get home.

 

I have never heard in New York City anything that would compel you to wear a knife where it is not concealed. I don't believe there are any such laws. Those that carry a knife in NYC clipped in a pocket or on a belt do so for easy acces.

 

FWIW, I have a spring assisted blade that I have carried everywhere for about 5 years. I don't get stopped by police, haven't even got a more than a single parking ticket in about 8 years so I have never had ocasion to test its legality with an LEO. I also don't wear it clipped into a pocket, or in any way visible.

I do believe that I will start carrying my knife in my pocket as opposed to clipped to my pocket.

  • Author

For some reason I like clipping the knife to the inside of my pant pocket, I don't even know its there when its like that.

http://www.kniferights.org/index.php?option=com_content&task=view&id=114&Itemid=1

 

here is the article I was thinking about.

 

"......it simply represents the increased abuse of New York's law against gravity knives. In virtually every case where those accused have competent legal representation, the charges are dropped or dismissed. Unfortunately, not all plaintiffs get attorneys well-versed in the issue. That doesn't change the fact that overly broad application of New York's law is indefensible."

 

In the most egregious example of this outrageous abuse of the law at the press conference, on display were Husky folding utility knives. In the landmark knife law case of U.S. v Irizarry (2007), involving an essentially identical knife originally purchased from Home Depot and an arrest on a knife possession charge by a New York cop, these knives were specifically found to not be a gravity knife.

 

Senior Federal District Judge Jack Weinstein's findings are so commonsense and clear that it is difficult to imagine that even a DA couldn't help but to understand them.

 

In his ruling, Judge Weinstein wrote:

 

 

"The prevalence of this instrument and its everyday use by law abiding mechanics makes unreasonable any inference of illegal activity drawn merely from the observation of such an instrument clipped in an individual's pocket.

... The instrument which defendant had in his possession is a common tool. Its open possession is the equivalent of a carpenter carrying a hammer or an individual in the street carrying a cellular phone. The law cannot define as criminals tens of thousands of mechanics who are required to carry such tools in order to earn a living. Claw hammers, used by carpenters, can be used to smash skulls, screwdrivers, used by electricians, can be used to stab bodies and wall board cutters can be used to cut jugular veins, but those are not the intended or designed for uses of such instruments."

 

 

The entire commonsense judgment makes for interesting reading here: http://www.KnifeRights.org/USvIRIZARRY.pdf The import of this decision is all the more significant when you consider Judge Weinstein's record of extreme adverse decisions on Second Amendment and weapons issues. "For an outspoken anti-gun liberal like Judge Weinstein to issue such a ruling speaks to the heart of the matter," said Ritter.

 

Despite such clear precedent, the DA seized these knives and displayed these knives at the press conference as examples of gravity knives, which is a complete fabrication with no basis in fact. "Judge Weinstein's decision relating to the ubiquitous and generally useful nature of the tool," says Ritter, "equally applies to all of the widely available and commonly used pocket knives that were seized and displayed."

For some reason I like clipping the knife to the inside of my pant pocket, I don't even know its there when its like that.

So do I. It is more comfortable, and I know exactly where it is and in what fashion I know to grab it should I need it in a pinch. However, it does raise the possibility of being confronted about it. I think I might invest in a slimmer knife to keep inside my pocket.

For some reason I like clipping the knife to the inside of my pant pocket, I don't even know its there when its like that.

 

 

I clip it inside as well.. I use a knife that has a "wave" action that opens it.. so for me the inside is way better for numerous reasons..

In my experience, your reasoning has to be reasonable as not so much legitimate...if that sounds right.

 

If you dress in a suit and tie and work in a cubicle for a lingerie company and carry a tactical SOG, it will be much more difficult to reasonably explain why you have it in your possession rather than someone that has a blue-collar job, per se. If you get my drift, then you can answer your own questions.

 

Edit: Do realize, as stated above, that most sworn personnel will turn their head to people wearing suit and ties or good-looking clothes nonetheless.

I have been following these posts and decided to share an experience I had while in Massachusetts.I carry a Remington aluminium handled model 218 folder about 3 and 3/4 inches long.It is clipped to my pocket so I don't have to dig into the bottom of the pocket to get at it, and keep the lint out of the folding mechanism.I was wearing jeans and a tee shirt. Long story short, I went to see the USS Constitution which is berthed at a Naval station. TONS of security,before going through the metal detector, I put the knife and wallet in the pan, shore patrol pulled it out, took it in the back, measured it, and said that's a long knife. I replied yes sir,it is, I've been carrying it for years, he said oh ok just don't take it out on board the ship. Enjoy your visit. I'm over 60 so maybe that made a difference, but I just thought I'd share.Maybe to a trained eye, demeanor could be everything.

To a trained eye....yes. However, many "security" personnel are bound by rules, and risk their job by bending the rules. I have to say, I feel like you were lucky by getting in with the knife. In that line of duty, I have to assume that many of them will err on the side of caution. Don't get me wrong, I am a firm believer that if someone wants to commit a crime.....they will commit it regardless of what tools they have handy.

length has no bearing on legality...

can you intelligently convey to the officer your legitimate use?

 

This is true. There was a case a few years ago where some guy was arrested coming back from some beach (not sure which) and he had a machete in his Jeep (no real place to secure it). He claimed he was using to cut firewood. He was arrested for possession of a weapon. He had people testify he was using it to cut firewood and he was found not guilty.

 

He sure went through a lot for a fire on the beach.

 

http://knife-expert.com/ny.txt

 

It appears NY knife laws are as vague as NJ's.

Be careful with a knife in NYC. I carried a knife clipped to a front pocket for the better part of 15 years and never gave it a second thought. But, it's been brought to my attention more than once in the past year or so that there is apparently some administrative code that makes it unlawful to carry a knife clipped to your pocket. Spring assisted knives are a no go in NYC. Depending on the cop, you may also run into issues if the knife can be opened with the flick of the wrist... some cops will label the knife as a gravity knife if they can flick it open, which is a no no in NYC. Lastly, according to the Emerson website, they have stopped selling knives to NY (state) residents:

"Due to Laws currently in force in the State of New York, Emerson Knives will no longer ship or sell knives to individuals who are residents of New York State."

I imagine whatever the state law that Emerson is referring to will also apply in NYC.

 

That said, don't act like a douche and draw attention to yourself and you should be fine.

Depending on the cop, you may also run into issues if the knife can be opened with the flick of the wrist... some cops will label the knife as a gravity knife if they can flick it open

Unless I am mistaken....that is the TRUE definition of a gravity knife. Nothing wrong with them "labeling" it as such.

Actually, yes, you are correct. I always make the mistake of thinking of the german paratrooper knives when thinking of gravity knives. But I just looked up the wording of the law and it states "is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force" - I wasn't aware the OR part was actually written in the definition of a gravity knife.

 

Apologies for any confusion I may have caused with my choice of wording.

I wasn't entirely sure myself, as the wording can be pretty confusing. But I do remember discussing it in another thread, and someone explaining it that way.

Be careful with a knife in NYC. I carried a knife clipped to a front pocket for the better part of 15 years and never gave it a second thought. But, it's been brought to my attention more than once in the past year or so that there is apparently some administrative code that makes it unlawful to carry a knife clipped to your pocket. Spring assisted knives are a no go in NYC. Depending on the cop, you may also run into issues if the knife can be opened with the flick of the wrist... some cops will label the knife as a gravity knife if they can flick it open, which is a no no in NYC. Lastly, according to the Emerson website, they have stopped selling knives to NY (state) residents:

"Due to Laws currently in force in the State of New York, Emerson Knives will no longer ship or sell knives to individuals who are residents of New York State."

I imagine whatever the state law that Emerson is referring to will also apply in NYC.

 

That said, don't act like a douche and draw attention to yourself and you should be fine.

 

 

wow.. NY really knows how to disarm its people.. even down to a simple pocket knife.. doesn't really matter the place is an over rated dirt hole anyway.. congratulations to them on making it to my list of places I do not want to go to..

doesn't really matter the place is an over rated dirt hole anyway..

Some parts. I happen to like the surroundings of upstate NY very much. I remember driving up there in my dads Corvette, t-tops off. I would be cruising along, next thing you know I'm doing 50 because I was just so captivated by the scenery. It really is a beautiful place.

Some assisted openers can be opened with a strong flick of the wrist.

 

NYC sucks for the record. Upstate NY is beautiful, especially the Adirondacks. Backpacking up there is lots of fun and there are some great twisties for motorcycles as well.

Some assisted openers can be opened with a strong flick of the wrist.

 

 

I have a Husky Utility knife that I bought at Home Depot and I figured there's no way you would flick it open.

 

I held it different ways and violently flicked it and if you do it right and hard enough, it will open and lock.

 

It's more than a flick of the wrist, it requires that you swing your arm up and around and you're holding it in a poor position to use it but I suspect the jack boots in NYC would now claim it's a gravity knife.

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