Thanks for visiting Federal Lawyers – managed by our lead attorney, a second-generation law firm with over 40 years of combined experience defending clients against weapons charges throughout New York. New York’s knife laws create a trap for law-abiding people who carry knives for work, outdoor activities, or self-defense. In 2019, New York repealed the statewide gravity knife ban after decades of arrests targeting working-class New Yorkers carrying ordinary folding knives. But the repeal didn’t end knife prosecutions – it just shifted enforcement strategies. Switchblades remain illegal. NYC bans blades 4+ inches in public. Transit regulations prohibit knives on subways and buses. And prosecutors charge knife possession as a weapon crime whenever they claim you intended to “use it unlawfully,” a subjective standard giving police enormous discretion to arrest.
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When you’re charged under NY Penal Law Article 265 for criminal possession of a weapon, prosecutors don’t need to prove you used the knife – mere possession suffices if the knife falls into prohibited categories or if circumstances suggest unlawful intent. Defense requires understanding which knives are illegal per se (switchblades, metal knuckle knives) versus which become illegal based on how you possessed them (any knife with “intent to use unlawfully”). At Federal Lawyers – we challenge prosecutorial claims that your knife possession demonstrated criminal intent rather than lawful carry for work, hobby, or personal safety.
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The 2019 Gravity Knife Repeal Didn’t End Arrests
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For decades, New York criminalized gravity knives under Penal Law §265.01. The statute defined gravity knives as blades released by gravity or centrifugal force – originally targeting military-style knives like German paratrooper weapons. But NYPD interpreted “gravity knife” to include virtually any folding knife that could be opened with a wrist flick, arresting construction workers, tradespeople, and delivery workers carrying ordinary pocket knives for work. Courts upheld these arrests using the “wrist flick test” – if a cop could flick the knife open (often using force and technique the owner never employed), it qualified as an illegal gravity knife.
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On May 30, 2019, New York repealed the gravity knife ban statewide. The legislature recognized that overly broad enforcement had criminalized common pocket knives, resulting in thousands of arrests for possessing tools indistinguishable from legal folders. Post-repeal, gravity knife possession is no longer a crime under state Penal Law. But three critical limitations remain:
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- NYC Transit still bans gravity knives: True gravity knives remain illegal on subways, buses, and MTA property under transit regulations separate from Penal Law. If you’re caught with a gravity knife on the subway, transit police can arrest you even though statewide possession is legal.
- “Intent to use unlawfully” prosecutions continue: Even though gravity knives aren’t per se illegal anymore, prosecutors charge knife possession under §265.01(2) if they claim you possessed any knife with intent to use it unlawfully. This transforms legal knives into weapons based on subjective intent determinations.
- NYPD still arrests people: Despite the 2019 repeal, NYPD continues arresting people for knife possession, charging under different statutes (dangerous knife with unlawful intent, violation of NYC administrative code) or claiming the knife fits other prohibited categories.
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The gravity knife repeal was a legislative victory recognizing prosecutorial overreach – but it didn’t eliminate knife prosecutions. It just forced prosecutors to charge under different theories, and defense now requires challenging their claims about your intent or the knife’s characteristics under remaining prohibitions.
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Todd Spodek
Lead Attorney & Founder
Featured on Netflix's "Inventing Anna," Todd Spodek brings decades of high-stakes criminal defense experience. His aggressive approach has secured dismissals and acquittals in cases others deemed unwinnable.
Switchblades Remain Illegal With Narrow Exceptions
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A construction worker carries a folding utility knife with a 4-inch blade in his pocket while commuting on the subway to a job site in Manhattan. An NYPD officer stops him during a random bag check and tells him the knife is illegal, threatening to arrest him.
Can I legally carry my work knife on public transportation in New York, and what should I do if an officer says it's illegal?
Under New York Penal Law § 265.01, it is illegal to possess a knife with the intent to use it unlawfully against another person, but carrying a common folding knife for legitimate work purposes is generally permitted. Since the 2019 repeal of the gravity knife ban under the amended PL § 265.00, many folding knives that were previously prosecuted are now legal to possess. However, New York City Administrative Code § 10-133 still prohibits openly carrying a knife with a blade of four inches or more in public, so blade length matters significantly. You should calmly inform the officer that you carry the knife for work, avoid reaching for it, and contact a criminal defense attorney immediately if you are charged — a weapons possession charge can carry up to a year in jail even as a misdemeanor.
This is general information only. Contact us for advice specific to your situation.
While gravity knives are now legal statewide, switchblade knives remain prohibited under NY Penal Law §265.01(1). Switchblades are defined as knives with blades that open automatically by push button, spring mechanism, or other device. Possession of a switchblade constitutes criminal possession of a weapon in the fourth degree, a Class A misdemeanor carrying up to one year in jail.
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The switchblade ban includes limited exceptions:
