While there are several strict regulations concerning the concealed carry of firearms in New York City, the law does not directly prohibit carrying hidden knives on your person. Individuals can carry a concealed dirk or dagger as long as they don’t intend to use the weapon to inflict bodily harm. However, the law also presumes that those carrying such a weapon likely intend to inflict bodily harm. Some classes of knives are also completely prohibited regardless of intention, although this does not apply to dirks or daggers.
How the Law Distinguishes Types of Knives
Switchblades and gravity knives are illegal to own or carry in New York except when associated with activities like hunting, fishing and trapping. The owner must have a valid license for these pursuits as well. Knives that open with an internal mechanism or by external pressure and can lock into open position are considered switchblades. Some blades that must be locked into place manually are exempt from this classification.
There are also many other types of edged weapons that are completely illegal in New York City. Cane swords, throwing stars and any blade that is adapted for use as a weapon are prohibited to own or carry. Pilum ballistic knives, which can be used as a projectile weapon, are also completely illegal in the region.
Since dirks and daggers are among the few blades that are not restricted by law, it’s important to understand the difference that distinguishes this category. This type of blade can be described as a knife that is capable of immediate use as a weapon, without unsheathing or unfolding. It may or may not have a hand guard and is big enough to cause life-threatening injuries.
Penalties for Dirk or Dagger Convictions
Since dirks, daggers, hunting knives and stilettos are all legal to own in New York, the question of a criminal conviction boils down to the intent of the owner as per New York Penal Law 265.01. A person carrying a concealed dirk or dagger is under suspicion of using that weapon to inflict bodily harm unless he or she can prove otherwise. This is why it is essential to hire expert attorneys to help build your case from the ground up.
Those convicted of breaking New York Penal Law 265.01 can face serious misdemeanor charges that can carry steep fines and up to a year of jail time. As your trial lawyers, we look for opportunities to fight the charges at every turn. Challenging the basis of the arrest or the stop and search that uncovered the weapon can strengthen your case, as well as analysis of the circumstances surrounding the events. Since dirks and daggers are not prohibited by law, there is plenty of legal room to fight these charges.
Contact Raiser & Keniff, PC, About Your Dirk or Dagger Case
Even if you think you have a strong defense going into the court room, you should never proceed without an experienced defense attorney by your side. Crimes involving deadly weapons are treated seriously by the courts and judiciary, so it’s essential that you take every measure possible before you begin. Our seasoned trial lawyers help you develop a consistent case that stands up to scrutiny from prosecution to give you the chances at avoiding a costly conviction.