Understanding the Legal Standing of Butterfly Knives in the Empire State

Overview of Knife Laws in New York

New York law actually contains no provision that refers to any kind of knife as a whole. Instead, it deals with several categories of knives that are commonly associated with criminal activity. It makes no exemption for speed, automatic, or butterfly knives. These knives are treated as any other type of blade or folding knife is under the law.
The main law that relates to knives in New York is the criminal possession of a weapon in the third degree. This law describes the act of possessing a dangerous knife type and making use of it in criminal manner. The law was meant to reduce violent crime by keeping at bay people who would otherwise be among the criminal element. However, it does not specifically define what a knife is.
The law states that if you have a knife that has a blade that is four inches or longer , it is considered illegal to possess that knife in the state of New York if your intent for the weapon is to use it unlawfully against another person or to use the knife unlawfully against someone with the intent to cause injury. This can be a tough law to define and can be used by officers as a great means to make an arrest. It can lead to a serious felony or misdemeanor charge.
The law does not specify the type of knife that may be carried. For this reason, many people find themselves confused in New York Courts due to the gray area of the law. Many assume that yet another law exists that specifically outlaws the carrying of butterfly knives, but nothing true or actual exists. Simply put, if you have a knife of any kind, you could possibly be arrested if you bring that knife out in public and the person who sees it interprets it to be dangerous and unlawful. There is no type of knife described as a butterfly knife in the law, no matter how well-known or popular that knife may be.

Defining What is Considered a Butterfly Knife

The chief identifying features of butterfly knives, also known as balisongs, are two handles that are counter-rotated around the tang of the blade such that, when closed, the blade is hidden between the two handles. Unlike most forms of folding knives, butterfly knives employ a hinged mechanism to expose the blade for use rather than a simple rotation of the blade outwards from the handle. Historically the butterfly knife may be of Filipino origin, from later than 800 AD, although the exact origins are far from clear. Nonetheless, the butterfly knife has been around for at least the past millennia.
Any New York lawyer can tell you that when the New York state legislature listed the weapons it deemed "generally prohibited," listed next to explosives is a type of weapon known in law as "gravity knife[s]" and "switchblade knife[s]" – both of which terms have been interpreted to be synonymous with the popular public conception of the term "knife." Whether to help bolster sentences under Criminal Procedure Law 440.46 or just to blackmail re-election under public pressure, modern legislators have opted to add yet another category of broadly defined, dangerous weapons to the list of crimes, and that category is the butterfly knife.
Package knives, or knives that fold in easily manipulable ways to conceal their blades, are reasonably popular weapons in parts of the United States and the world. In New York, however, most varieties of folding knife, no matter how innocuous, face an uphill battle under the state’s laws regulating weapons possession and weapons use. Even a one-blade folding knife with a basic latch may be classified as a switchblade within the letter of the law. In the hands of unknowledgeable enforcement authorities and prosecutors, this means even the most innocent folding knife can lead to arrests and serious charges.
Unlike most banned weapons under New York’s Penal Law, the dangerous condition of butterfly knives seems to be self evident. On those occasions where two handle folding knives are not expressly prohibited, butterfly knives seem to be distinguished by their unique mechanism that is primarily for the exposed use of the knife blade, namely the levered rotation of the handles about a hinge that allows the user to snap the blade open quickly, either for display purposes or to use the blade to cut. Indeed, this dangerous, almost firearmesque application of a deceptively simple and common knife has lead to the prohibition of butterfly knives in most states, including New York.

What is the Current Legal Status of a Butterfly Knife in New York

As is apparent by simply typing in "butterfly knife" into a web search engine, it is obvious that butterfly knives are extremely popular. However, while you may be able to find any number of butterfly knives, you will probably have a tough time finding a place to actually use them. In fact, in 2000, the New York State legislature added Section 265.01-5 to the Penal Law, which specifically prohibited the sale, manufacture, transport, disposition and use "of gravity knife, switchblade knife, stiletto knife, plastic knuckle knife, kung fu, shuriken, weighted cane or blowgun." Ist Sword Inc. v. Brown, 876 F.Supp.2d 202, 204 (E.D.N.Y. 2012).
New York Federal Courts have interpreted and enforced this statute in such a way as to prohibit the possession of butterfly knives under the general same principles as switchblade knives. Specifically, the courts have recognized that there is a difference between an automatic knife and a Dutch style butterfly knife. But regardless of what you may call it, a knife with an "automatic opening" mechanism, originally projected in a manner similar to a switchblade, and now hidden within the handle rather than the blade, is in practical terms, the same as a switchblade knife evocatively prohibited by the statute. Id. at 204-205 (citing United States v. Disilvestri, 740 F.2d 96, 102-03 (2d Cir. 1984)) (internal citations and quotations omitted).

Penalties for Possession of a Butterfly Knife

Weapons charges for possession of a butterfly knife in New York can result in significant legal consequences, and vary depending on the type of weapon at hand. Unauthorized possession of a butterfly knife is the least serious weapons charge associated with this type of knife. Punishment for unauthorized possession of a butterfly knife include imprisonment or fines or both for offenses involving a butterfly knife. In New York, the punishment for possessing a butterfly knife that is considered a prohibited weapon or dangerous weapon is a Class D felony and a penalty of 3.5 to 25 years imprisonment. An offense like this is typically not able to be pleaded down to a violation or a misdemeanor. The same applies to a repeal for the petitioner for the Possession of weapon charge against the accused. The Penal law should be your primary source to find out the punishments of Weapons charges. Knives and other bladed metals are considered deadly weapons under N.Y. Penal Law § 10.00 (11) and are given the highest classification of a weapon similar to that as a firearm.

Exception and Special Cases

Aside from the general guidelines on what is and isn’t allowed, there are a few notable exceptions and special cases that apply to the possession of butterfly knives in New York. The most important of these exceptions relates to the manufacture or distribution of butterfly knives—possession by itself, when not for the intention of sale, is considered generally acceptable without special cases or exemptions.
The exception for the manufacture and distribution of butterfly knives arises from a more recent addition to N.Y. Pen. Law § 265.20. In 2017, an amendment was passed that excluded any knife purchased prior to the date of the bill’s passing (June 22, 2017), provided that the knife in question was used exclusively for artistic or crafty purposes within the conditional industrial and commercial uses outlined in NY CLS GBL § 35-A. In accordance with NY CLS GBL § 35-A, the exception does not apply if the knife is manufactured, transported, and sold "for a purpose other than related to the special use."
N.Y. Pen. Law § 265.20 excludes the manufacture or acquisition of knife-like weapons that are now illegal to carry, provided the professional uses described above are the only uses contemplated by the person or enterprise in question as related to "the manufacture, assembly, assembly, wholesale, retail distribution, sale, display or storage, to or from a permitted location for any of such purposes . "
Individuals or companies that would like to take advantage of this exemption must meet a number of conditions, including the stipulation that the knives in question are not intended to kill, injure, stab, stab, bruise, damage, destroy, disable, or defeat. Knives must also be considered necessary for the special industrial and commercial uses described above and can’t be switched to other uses at a later date.
The most common special case is that of the butterfly knives sold, manufactured, distributed, or acquired by a martial arts instructor or scholar. Section 265.20 (a) (6) of the N.Y. Penal Law contains the exception, which provides that any exemption applicable to any license issued under the section of the law authorizing the carry of stun guns or chemical incapacitating instruments to a duly authorized martial arts instructor licensed to carry such weapons.
This exemption applies unless the weapon is actually used for illegal activity or if the carrying of the weapon is deemed unlawful. Possession of such a knife is considered generally lawful if restricted to a location employed by the instructor to impart classroom instruction relating to the possession or carrying of the knife. This includes, but is not limited to, instructor’s premises, classrooms or facilities in which an instructor conducts classes.
Although the exemption can be interpreted quite broadly, it’s generally accepted that the intent of the exemption is to allow the carry of the butterfly knife by the instructor on his or her premises for the purpose of teaching others about the knife rather than employing its use.

Brief History of Knife Laws in New York

The historical context of knife laws in New York can help explain why some of the current issues exist. In the early 1900s, the state legislature implemented several laws regarding the possession of weapons in response to growing concerns about crime. One such law prohibited the sale or possession of daggers; a term that in the modern era would be considered somewhat ambiguous, but which at the time was clear to mean a knife with two edges. The legislature has failed to clarify the right of citizens to possess single edge knives, so as long as the blade is not two edged, it seems to be permissible to carry them.
Some decades later, the legislature codified the ban on daggers, now termed "dirks" rather than "daggers". The ban was renamed again to "dirks and daggers" in 1967 and "dirk knives" and "daggers" in 1965. These changes did stem from attempts to include common folding knives into the ban. In 1965, the ban specifically prohibited "pocket knives or pen knives." By 1977, that language was wholly eliminated and replaced with the more general telltale "except as provided in subdivision two of this section" language that now appears in the penal law for dirks and daggers. The upshot of this vile and mildewed history of legislative failure is that the timeframes where any amendment to the law would legally impact a folder knife occurred before the concept of a butterfly knife was popularized. The addition of the word "folding" now seems to somewhat indicate the legislators intended to include folding knives in their definition of a dirk or dagger.
It was not until the late 1990’s that the last extinct dinosaur known as New York Knife Law made its way into black and white. Printed copies of the penal law at that time did not include the references to "except as provided in subdivision two of this section" for directory knives. When the law was codified into the books readers were unaware that they were permitted to possess certain knives that were made to be dirks and daggers. It did not take long before the people of the state began buying the previously illegal knives and began adding them to their collection. This possibly led to the proliferation of so called "balisongs" which I personally believe is a farce.
Whatever the case may be, New Yorkers do have the right to possess so-called butterfly knives that meet the former description of pen knives, folding knives or pocket knives. Butterfly knives are still considered dangerous weapons when carried with illicit and unlawful intentions and are still prohibited when carried for such purposes. Perhaps the most significant legal development that impacts the issue of whether a butterfly knife is legal to possess in New York is the Miranda Rights decision. A large and small group of citizens tend to ignore the day to day issues that affect New Yorkers even though the powers that be make a point to entertain themselves by considering their interests during moments of boredom at the legislature. Of course, the members of this group make a great deal of money, however, shoppers and culture buffs would easily be amazed at how the bulk of their entertainment needs are met during working hours. This problem is further exacerbated by the fact that the casino industry and gambling culture that is rapidly developing in upstate New York has resulted in a need to stimulate the casino culture with favorable legislation targeting gamblers and the patent friendly business laws that come along with these new establishments. It should be no surprise that many bills that once seemed doomed were passed because the interests of the powers that be are in the direct path of most relationships between people and laws.
At first glance of the penal law it may seem easy to conclude that the law is clear that an individual’s possession of a butterfly knife should be legal. Nothing would be further from the truth. In the crazy world of New York law, one must look beyond what appears to be completely free and clear, and into the dimly lit unexplored dark corners of the state constitution and the full text of the penal law to discover the truth. In this La La land of freedom and human rights, people might be surprised to learn that their freedom is not absolute and comes with many conditions that are likely to get them into trouble with the law if they are not familiar with every aspect of these same laws.

Recommendations to Knife Owners in New York

As we explore the world of knives, it’s essential to provide actionable advice for those who either own or are considering the ownership of knives. This is particularly important in a city like New York, where the laws can be a bit tricky to navigate for those without experience or an understanding of how to properly follow them. Knowing what you can and cannot do is the first step in avoiding any unintentional contact with law enforcement.
The first and most crucial piece of advice is to be informed about the laws regarding knife ownership in New York. The state has a variety of laws concerning knife sales, manufacturing, and possession, and it’s critical to stay updated on any changes. The New York State Penal Law § 270.20 also states that it is unlawful to store, possess, use, or dispose of a shovel knife. Researching these laws can prevent you from making an unintentional misstep.
If you own a butterfly knife (or are looking to buy one), it is imperative to keep it sheathed in a secure manner at all times. If you are carrying it attached to your belt, make sure that it remains covered and concealed throughout your journey within the state. For those who are looking to buy or receive a butterfly knife as a gift, the best and safest option is to utilize reliable, trustworthy knife dealers . Always be certain that their knives comply with the law.
If you are stopped by a police officer and asked if you are carrying a knife, play it safe and respond in the affirmative. It is better to be safe than sorry in this situation, as you could get yourself into unnecessary trouble. Also, assume that the officer does not know anything about knife laws in your area. The officers in New York City, for example, do not know much about knife laws. Not all officers take the proper time to learn specific laws for each area, so it is better to review the laws on your own before a conversation occurs.
Knife ownership rights exist throughout the United States, but these laws do tend to vary state by state. Knife dealers should know how to deal with every state, as this ensures nothing goes awry once leaving their stores. In addition to this, many people fail to realize that the dealer is not responsible for any actions that the buyer may attempt to take in the future. It is vital that you review the Knife Rights website to make sure that you are complying with the law.
Finally, we recommend that you attend occasionally seminars to learn more about the knife laws in your area. There are many knife shows and conventions throughout the United States each year, so be sure to visit at least one.