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Posted: 6/11/2018 7:27:28 PM EDT
I saw a thread on GD about this, but it didn't have a direct link to the document:
http://nycourts.gov/reporter/3dseries/2018/2018_04032.htm

After defendant was found in possession of a switchblade knife at a subway station he was charged, among other things, with attempted criminal possession of a weapon in the fourth degree. Penal Law  265.00(4) defines a switchblade knife as "any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife." The weapon possession count of the accusatory instrument, as supported by nonhearsay allegations which gave defendant sufficient notice of the charged conduct to prepare a defense and avoid double jeopardy, was not jurisdictionally deficient. Moreover, the evidence presented at trial by the People, which included the police officer's testimony and his demonstration of the operability of the knife, was sufficient to support the factfinder's conclusion that the knife found on defendant's person met the statutory definition of a switchblade. People v Steven Berrezueta
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They ignore the law as it was written (button or activation on the handle), and go with "well, the police said it's a switch blade, so it must be."

The dissenting opinion is well reasoned, and worth a read.

Just a heads up for more BS from NYS.
Looks like I need to shop for a new knife....
Link Posted: 6/11/2018 7:42:39 PM EDT
[#1]
As if I needed another reason to never get within 50 miles of NYC!
Link Posted: 6/11/2018 7:45:22 PM EDT
[#2]
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Quoted:
As if I needed another reason to never get within 50 miles of NYC!
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That's the problem, I'm pretty sure this being the NY Supreme Court makes that ruling for the whole state, not just NYshitty.
Link Posted: 6/11/2018 8:01:57 PM EDT
[#3]
Is it only nyc.
Link Posted: 6/11/2018 8:04:03 PM EDT
[#4]
"I knew it was a switch blade based on my training "

Link Posted: 6/11/2018 9:33:01 PM EDT
[#5]
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Quoted:
Is it only nyc.
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Quoted:
Is it only nyc.
NY State.

It invokes NYS switchblade laws, not NYC. Wide-ranging implications. We will have to see how long before online retailers cease sales of assisted knives into NYS.

Knife Rights is warning all residents of the state to assume carrying an assisted opener opens the door for arrest and prosecution under switchblade regs:

At this juncture we must warn anyone living in New York State, or who visits or travels through New York State, that you risk arrest and jail if you carry an assisted-opening folding knife. Retailers within New York State may want to consider their potential criminal liability in continuing to sell assisted-opening knives.
ETA: https://kniferights.org/legislative-update/ny-assisted-openers-switchblades/
Link Posted: 6/12/2018 5:49:00 AM EDT
[#6]
FNYS!

Looks like time to pull out the Emerson's or Cold Steel's with the pocket catch.
Link Posted: 6/12/2018 5:49:35 AM EDT
[#7]
Was going to do an ETA and got another post sooo....

By the way... Thanks for the info OP!
Link Posted: 6/12/2018 8:14:34 AM EDT
[#8]
The deponent arresting officer alleged in the superseding information:

"I observed a knife clipped to the defendant's rear right pants pocket so that I could see the entire clip and the head of the knife protruding from his pocket while the defendant was standing in the mezzanine area in the transit facility at the above location, a public place.

I took a switchblade knife from the defendant's rear right pants pocket. The defendant is not law enforcement personnel and could not produce a valid license or permit to carry such knife.

I know that the knife is in fact a switchblade knife based on my training and

experience as a police officer and because, when I applied hand pressure to a spring-loaded portion of the blade of the knife protruding from the handle of the knife, the blade swung open automatically."
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Dude was standing in the subway...
Link Posted: 6/12/2018 11:35:40 AM EDT
[#9]
Communist NY will continue to chip away at your rights.. Until your just a tax paying serf. With no rights.
Link Posted: 6/12/2018 1:32:50 PM EDT
[#10]
Our pump shotguns and buck knives will always be safe!
Link Posted: 6/12/2018 4:34:00 PM EDT
[#11]
So it sounds like every folding knife is a switchblade since applying pressure to the blade causes it to open.
Link Posted: 6/12/2018 6:42:55 PM EDT
[#12]
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Quoted:
That's the problem, I'm pretty sure this being the NY Supreme Court makes that ruling for the whole state, not just NYshitty.
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Quoted:
Quoted:
As if I needed another reason to never get within 50 miles of NYC!
That's the problem, I'm pretty sure this being the NY Supreme Court makes that ruling for the whole state, not just NYshitty.
I agree that the ruling effects all of NYS. That being said, the odds of prosecution decrease dramatically once you escape from NYshitty;)
Link Posted: 6/12/2018 9:38:27 PM EDT
[#13]
The cop that took the knife is a full-on, droopy eyed, drooling on a donut, retard.  
Link Posted: 6/18/2018 7:28:18 PM EDT
[#14]
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Quoted:
Communist NY will continue to chip away at your rights.. Until your just a tax paying serf. With no rights.
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Fixed
Link Posted: 6/19/2018 12:33:01 PM EDT
[#15]
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Quoted:
Dude was standing in the subway...
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Quoted:
The deponent arresting officer alleged in the superseding information:

"I observed a knife clipped to the defendant's rear right pants pocket so that I could see the entire clip and the head of the knife protruding from his pocket while the defendant was standing in the mezzanine area in the transit facility at the above location, a public place.

I took a switchblade knife from the defendant's rear right pants pocket. The defendant is not law enforcement personnel and could not produce a valid license or permit to carry such knife.

I know that the knife is in fact a switchblade knife based on my training and

experience as a police officer and because, when I applied hand pressure to a spring-loaded portion of the blade of the knife protruding from the handle of the knife, the blade swung open automatically."
Dude was standing in the subway...
And he was not LE.
Link Posted: 6/24/2018 7:43:38 AM EDT
[#16]
What is the penalty?
Link Posted: 6/24/2018 9:18:22 PM EDT
[#17]
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Quoted:
What is the penalty?
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He will become Andy's next boy toy... Bloomberg is getting too old to take it anymore
Link Posted: 6/25/2018 2:42:42 AM EDT
[#18]
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Quoted:

I agree that the ruling effects all of NYS. That being said, the odds of prosecution decrease dramatically once you escape from NYshitty;)
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I'm not going to take that chance and loose my restricted pistol permit , fuck this state .
Link Posted: 6/25/2018 7:29:44 AM EDT
[#19]
Link Posted: 6/26/2018 8:57:03 PM EDT
[#20]
pssst....   applying their same stupid logic, isn't any folding knife with an axis lock a gravity knife?
Link Posted: 6/30/2018 11:46:59 PM EDT
[#21]
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Quoted:
pssst....   applying their same stupid logic, isn't any folding knife with an axis lock a gravity knife?
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Yes I believe the new law will make the axis system illegal
seems like the only legal knife is going to be a knife where you need two hands to
open it , I wonder what all the stores are going to do about there current stock
of  (made illegal knives ) I guess maybe just sell to law enforcement and internet orders .
If there was ever a case of NYS having it's ass handed to them it's this case and
I hope they get legally challenged on this one .
NYS defines a switchblade as a button, spring or any other device on the handle that requires pressure,
so how are boxcutters not illegal ?
Link Posted: 7/5/2018 1:46:13 AM EDT
[#22]
Once we have a solid majority on the supreme court we can get all of this unconstitutional bullshit overturned.
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