OTF / Switchblades with hunting finishing permit

[TheMoneyPit]

I’m not running out to order one but I heard today that OTF or switchblade knives are legal in NYS as long as you have a hunting or fishing license. I did a quick search and a couple sites validated it’s accurate.

Anyone know if this is a recent change or has it always been on the books like that?

New York State Knife Laws - American Knife & Tool Institute | American Knife and Tool Institute

Considerable care and caution should be used in selecting a knife if you reside within or are traveling to the “Empire State.” New York State Knife Laws

www.akti.org

 

[cgrutt]

Believe it's always been that way.

 

[Chevusa]

I believe there is an exemption to the illegal knives if they are being used for employment (like construction) or if being used in the field for hunting or sportsman purposes. I haven't read the law in a while but that is what I remember.

Edit to add: I really wouldn't worry about it. You'd realllllly have to be being an asshole and be pretty out of control for a cop to be able to figure out what knife you had in your car or on your person. Other than that, get whatever knife you want, if it is for lawful purposes, IMO.

 

[kev74]

I believe there is an exemption to the illegal knives if they are being used for employment (like construction) or if being used in the field for hunting or sportsman purposes. I haven't read the law in a while but that is what I remember.

Edit to add: I really wouldn't worry about it. You'd realllllly have to be being an asshole and be pretty out of control for a cop to be able to figure out what knife you had in your car or on your person. Other than that, get whatever knife you want, if it is for lawful purposes, IMO.

Unless you're in NYC.

 

[C3D]

Penal Law Section 252.20(6)

[The law against switchblades and gravity knives does not apply to] . . . [p]ossession of a switchblade or gravity knife for use while hunting, trapping or fishing by a person carrying a valid license issued to him pursuant to section 11-0713 of the environmental conservation law .


And this exemption is valid in New York City, so long as the blade of the knife does not exceed 4".

 

[TheMoneyPit]

“ [p]ossession of a switchblade or gravity knife for use while hunting, trapping or fishing by a person carrying a valid license.”

Doesn’t that read as though your only ok to have it on you while doing one of those permitted activities? If you have a hunting permit and want to carry it every day regardless are you ok to do so? Not looking for actual legal advice just for discussion.

 

[cgrutt]

Says "for use while hunting etc." not "while hunting etc"... imo you can carry it if while in possession of your hunting or fishing permit as stated in penal code. With that said I suppose one could argue that you could be charged if you actually used it while not hunting or fishing lol. My 2 cents.

 

[Chevusa]

Says "for use while hunting etc." not "while hunting etc"... imo you can carry it if while in possession of your hunting or fishing permit as stated in penal code. With that said I suppose one could argue that you could be charged if you actually used it while not hunting or fishing lol. My 2 cents.

I feel the opposite. For use while hunting literally means while hunting. Taking your interpretation of the law circumvents the intent of the law itself. You would never win that with a judge or jury. Sometimes you just have to use literal common sense and not try to break it down any further.

 

[cgrutt]

I feel the opposite. For use while hunting literally means while hunting. Taking your interpretation of the law circumvents the intent of the law itself. You would never win that with a judge or jury. Sometimes you just have to use literal common sense and not try to break it down any further.

Ok then with that it would be illegal to possess at all times other than in the course of hunting etc? So you couldnt store it on off season. Couldnt take it to the diner during morning of hunt or the gas station on way home as your not hunting (or whatever) during those times it is in your possession.

 

[Chevusa]

Ok then with that it would be illegal to possess at all times other than in the course of hunting etc? So you couldnt store it on off season. Couldnt take it to the diner during morning of hunt or the gas station on way home as your not hunting (or whatever) during those times it is in your possession.

You are again diving too deep. Those are reasonable cases that you stated and do not violate the intent of the law. If you are out in the city causing trouble, you're getting charged. If at your home, you have a legitimate purpose for it. While on the way to/from hunting, you have a legitimate purpose for it. Think about who the law is intending to keep the knives away from. That is who will be charged/convicted. Not everything is by the letter. Sometimes a human needs to apply logic.

 

[cgrutt]

Well ok then lol...

 

[Cooolone]

Just keep a fishing pole in your trunk! Lol, what's the problem!

And never, ever ever... Is a knife carried for defense! It's a tool, I open letters and boxes all day at work with my Jim Burke Custom!

 

[Chevusa]

Just keep a fishing pole in your trunk! Lol, what's the problem!

And never, ever ever... Is a knife carried for defense! It's a tool, I open letters and boxes all day at work with my Jim Burke Custom!

Absolutely. Again think of what the law is for. It's not to go after good people minding their own business. It's so they have something to charge no good fu*ks with who are out terrorizing people.

 

[C3D]

The exemption certainly applies to using the switchblade while hunting, to possessing it at home and en route to/from hunting, but probably not much else (and there is no case law to tell us).

 

[Acer-m14]

these are a lot sharper LOL ..

 

[Saltwater60]

I’ve heard many times just the possession of these knives show criminal intent and you can be arrested just for possessing them outside of those reasons. In your home no. On the way to and from hunting/fishing likely no but just walking around the neighborhood yes. I can tell you the cops don’t know the law that well and have just been told they are illegal and to arrest. It’s amazing how these cops are not updated. For the longest time a cop I knew had it in his head that if you were caught with an illegal AR-15 you had a 30 day grace period to register it long past the registration date for the safe act. Like years past.

 

[C3D]

I’ve heard many times just the possession of these knives show criminal intent and you can be arrested just for possessing them outside of those reasons. In your home no. On the way to and from hunting/fishing likely no but just walking around the neighborhood yes. I can tell you the cops don’t know the law that well and have just been told they are illegal and to arrest. It’s amazing how these cops are not updated. For the longest time a cop I knew had it in his head that if you were caught with an illegal AR-15 you had a 30 day grace period to register it long past the registration date for the safe act. Like years past.

I’ve dreamed of a great money making scheme whereby you would fish the Hudson from Riverside Park with a 3.5” switchblade clipped to the outside of your pants. Wait for passing officer, make sure to display the knife, have a friend take a clandestine video, get arrested.

Charges are later dismissed* and you sue for false arrest. That’s worth $25k in settlement, $50k if you actually get hauled off to jail for a night.

* The charges would not only be dismissed, but the arrest would be voided, meaning it would not appear on your record.

 

[dsdmmat]

I feel the opposite. For use while hunting literally means while hunting. Taking your interpretation of the law circumvents the intent of the law itself. You would never win that with a judge or jury. Sometimes you just have to use literal common sense and not try to break it down any further.

If that was the case it would be illegal to own one since you are not hunting or fishing 24/7.

 

[Chevusa]

If that was the case it would be illegal to own one since you are not hunting or fishing 24/7.

See further posts.

 

[BDinPutnam]

I’ve dreamed of a great money making scheme whereby you would fish the Hudson from Riverside Park with a 3.5” switchblade clipped to the outside of your pants. Wait for passing officer, make sure to display the knife, have a friend take a clandestine video, get arrested.

Charges are later dismissed* and you sue for false arrest. That’s worth $25k in settlement, $50k if you actually get hauled off to jail for a night.

* The charges would not only be dismissed, but the arrest would be voided, meaning it would not appear on your record.

Seems like a great way to enrich your lawyer.

 

[Acer-m14]

I’ve dreamed of a great money making scheme whereby you would fish the Hudson from Riverside Park with a 3.5” switchblade clipped to the outside of your pants. Wait for passing officer, make sure to display the knife, have a friend take a clandestine video, get arrested.

Charges are later dismissed* and you sue for false arrest. That’s worth $25k in settlement, $50k if you actually get hauled off to jail for a night.

* The charges would not only be dismissed, but the arrest would be voided, meaning it would not appear on your record.

there is a group ( you tube ) in Florida that go around open carry while going fishing . there law is its allowed to travel to and from while fishing to open carry. they have educated quite a few LEO's on the law and probley made some $$$$ too for taking the risk ..


8 min mark

 

[minderasr]

I like to do my hunting at the local supermarket. Does that count?