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Knives

Penal Law § 265.01 — a switchblade on the list, other knives only with intent

In New York, criminal possession of a weapon in the fourth degree covers two kinds of knife possession.

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On the list: a switchblade. Possessing a switchblade knife, a pilum ballistic knife or a metal knuckle knife is the offense in itself. A switchblade knife is any knife with a blade that opens automatically by hand pressure applied to a button, spring or other device in the handle.

With intent: other knives. Possessing a dagger, dangerous knife, dirk, machete, razor, stiletto or undetectable knife is the offense only with intent to use it unlawfully against another.

Gravity knives. A gravity knife is defined in the definitions section, but it is not among the items whose possession the fourth degree offense makes a crime in itself.

The assumptionWhat the law actually does
The assumptionAny knife can be charged as possessionWhat the law actually doesApart from the listed items, only with intent to use it unlawfully against another
The assumptionA gravity knife is a per se weaponWhat the law actually doesIt is not on the fourth degree list

Federal buildings, courthouses, airports, schools and private property with its own rules are separate questions, and so are court decisions on whether a listed knife is protected by the Second Amendment. Whether a particular knife, or a particular way of carrying it, falls inside the section is a question for a licensed New York attorney.

Sources for this section (2)
  1. Penal Law § 265.01 — Criminal possession of a weapon in the fourth degree
  2. Penal Law § 265.00 — Definitions

Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.

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