Posted: 10/27/2009 5:23:02 AM EDT
| So I was reading this thread and am still unsure why everyone is advising not to carry the Spyderco Street Beat knife. I'm not a knife guy .... can someone knowledgable explain the laws to me? |
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I am not a lawyer - take this with a grain of salt:
It seems like knife laws in NYS have some wiggle room in them, leaving a lot to the discretion of law enforcement and then the judge/jury. A knife is legal to carry. In some places (like NYC) there may be length restrictions and an obligation to conceal, but generally you can carry what you want, how you want. All good, but if you have contact with law enforcement and they decide your knife is a dangerous weapon, then carrying your otherwise legal knife has become a crime. What makes a knife a dangerous knife? In that linked thread one of the posters (rkbar15) put up a ruling from a court case which listed three criteria ("one, its own characteristics which show that it is primarily intended for use as a weapon; second, a modification, which converts what would otherwise be a utensil into a weapon; and third, the circumstances of the possession which may reveal that the possessor considers it a weapon and not a utilitarian tool.") If you read further down the excerpt rkbar15 posted, you'll notice the defendant did something like stand over the victim and threaten him with the knife. I would say don't carry a fighting knife or any knife with some sort of tacticool aggressive look or name. Don't carry a knife as a weapon, even a self defense weapon. Have it on you to be used as it was meant to be, a tool. A Spyderco Street Beat seams like a great little knife with good steel and useful size. If you have a good reason to carry it, you might not have a problem. On the other hand, in NY, carrying a knife of some sort isn't as common as it used to be and a police officer might just decide to charge you and let the courts sort it out. To sum up, it's hard to say. For really good advice, ask your DA, police department, or personal lawyer. |