Legal Question in Criminal Law in New York

Knife Legality (Folding and Butterfly)

I am currently 15 and was given a folding knife for Christmas. It's just a simple Kershaw folding knife, 3 inch blade.

What are the laws on me carrying it in a pocket as well as openly on a belt in public. I'm also curious as to the legal ramifications of it being found on my person in school.

I'd also like to know the current legality of Butterfly Knives in New York State, Erie County specifically.


Asked on 12/26/07, 3:10 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: Knife Legality (Folding and Butterfly)

I can answer some of those questions for you.

You may carry it on your belt and you may own one. However if you use it in connection with stabbing someone, it is considered a dangerous weapon and you could face serious issues.

I ahve no idea what school district you are in, but I would assume that it is not allowed to be carried on your person at school. You should see your student handbook which was issued to you on the first day of the school year.

As for a butterfly knife is also a type of gravity knife and is illegal in the state of NY. Generally if it can be flipped open, you can be arrested for having it. It will be up to your lawyer to show it is not a knife or weapon contemplated by the statute.

If you have any question, have a parent contact your guidence couselor about the rules.

Good Luck.

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Answered on 12/29/07, 12:11 am


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