OTF Knife 101
Out-The-Front (OTF) knives are a popular type of knife that have a blade that is deployed from its handle with a push of a button or lever. These folding knives are designed with a sliding blade that extends outward from the main body of the knife when the trigger mechanism is pushed. OTF knives are known for their quick and easy deployment, making them a favorite among both collectors and those who carry knives regularly.
OTF knives can be further broken down into two categories: single-action and dual-action. Single-action OTF knives require the user to manipulate the trigger again after the blade has been deployed in order to retract it into the handle. Dual-action OTF knives, on the other hand, allow users to deploy and retract the blade using the same trigger mechanism. This feature gives dual-action OTF knives added convenience, making them a popular choice for those who use them for work, self-defense, or recreation .
The unique action of OTF knives – the ability to open and close the blade with one hand – is one of the features that draws many knife enthusiasts to them. This feature allows for a more fluid, one-handed operation that can be more convenient than traditional folding knives, especially in situations where speed and efficiency are important.
OTF knives come in a wide variety of styles and sizes, and they are often made with high-quality materials such as stainless steel or titanium. Additionally, OTF knives are available at a range of price points, from budget-friendly options to high-end models that can cost several hundred dollars.
Overall, the ease of use and impressive blade deployment of OTF knives have helped to secure their position as a favorite among knife enthusiasts.
An Overview of the Knife Laws of New York
Recipients of knife related questions often ask about a New York resident’s right to own knives or how knife laws in New York apply to knife collectors and people carrying knives for self-defense or another lawful purpose. This section of this blog will briefly overview New York knife laws so those interested in these subjects can better understand the legal landscape in which they seek to own, carry, collect and use knives in New York.
New York law regulates knives in two general, important ways. First it identifies illegal knives, other weapons and dangerous instruments that are prohibited for possession. Second, it regulates the manner knives may be carried. The relevant New York statutes that detail the regulations regarding possession and the manner in which knives may be carried in New York are New York Penal Law (PL) § 265.01 – § 265.06 (Illegal Weapons and Other Dangerous Instruments) and PL § 265.11 – § 265.16 (Grave Risk of Serious Physical Injury or Death).
Section 265.01 details (1) the objects that constitute "an exhibit deemed to be a dangerous knife" and (2) the manner in which it is unlawful for a dangerous knife to be carried. These objects are: "dagger, dangerous knife or stiletto knife" and "a switchblade knife . . . or any similar knife, commonly known as a gravity knife, lifeguard knife or Ted knife, or any other knife having any sort of blade which is released from the handle or sheath by means of a spring, automatic device or otherwise, or any knife carried in the disguised form of a belt buckle, or the style of any of the following:, a cane sword, dirk, dangerous knife, stabbing knife or guillotine knife." To summarize, the law forbids carrying a dangerous knife in a sheath suspended from clothing or in any other way to be drawn or used as a weapon regardless of whether the knife is displayed or concealed. The law would forbid carrying a Switchblade Knife by hand or in a sheath or in any likewise manner. Likewise, it would forbid carrying any knife had in the "disguise form" of a belt buckle or any "dirk, dangerous knife, stabbing knife or guillotine knife."
In relevant part PL § 265.02(4) dictates a dangerous knife is defined as "any dagger, dirk, razor, stiletto, or other dangerous instrument or weapon with a blade length of four inches or more." PL § 265.02[1] provides that dangerous knives other than an "exhibit deemed to be a dangerous knife" that are unlawfully possessed are generally unlawful to possess. PL § 265.05 provides that it is unlawful for a person to carry "on his person" any dangerous knife with intent to use the same unlawfully against another. PL § 265.01(2)(D) provides a limited defense when otherwise unlawfully possessing a knife only if (1) he or she is licensed to possess a firearm (pistol or revolver) and (2) the knife is possessed at his or her place of business.
In addition to this, PL § 265.02(5) specifies that items including BB guns, air rifles and pistols, machines or devices designed to simulate the effects of of a "deadly weapon" or any type of device that requires a permit or license to purchase that is unlawful to possess without such a permit, license or registration are defined as firearms. PL § 265.01(4) provides that a switchblade knife with a blade length of four inches or more is considered to be a deadly weapon. PL § 265.02(6) specifies that an imitation pistol is also considered a deadly weapon.
PL § 265.02(13) defines a gravity knife as any knife that has a blade that is deployed from its handle "by the force of gravity, inertia or by any mechanical action." In Denny v. State of New York, 299 A.D. 2d 644 (3d Dept 2002), plaintiff was arrested for purchasing a gravity knife and denied a refund in Vending Licenses and permits denial cases. Plaintiff Richard Denny did not challenge the constutionality of this ordinance, which was invalidated in People v. Tozzo, 4 N.Y.3d 488 (2005). The issue in the case is that it was limited to the determination that the City of New York acted legally and within its authority under the New York City Charter to establish this ordinance. It did not address whether this ordinance or this non-judicial determination to deny his vending license was constitutional.
New York law prohibits guns but not knives in all public transportation areas.
Laws About OTF Knives in New York
New York has a very specific outlook on the legality of automatic knives such as OTF knives. Automatic knives are often referred to as "switchblades," which is a somewhat outdated term. This terms has over time come to encompass all types of folding knives with a blade that is deployed by mechanically powered means (including, for example, knives with thumb studs used to push out the blade or knives that can be opened using one hand). But the legal definition of "switchblade" as it appears in New York law is a bit more nuanced. As discussed below, it includes both spring-loaded knives and "gravity knives." The legal definition of "gravity knife" includes OTF knives because OTF knives are, in fact, spring-loaded knives. Such knives are defined in New York Penal Law § 265.00(5) as:
any knife, including any piercing instrument or stiletto, with a spring-loaded or manually driven blade that is released from the handle or sheath by a flinging motion of the wrist, or by a gravity reason, and that when so released is locked in place and is unsharpened and contoured to appear to be a common belt buckle, scarf slide, or other decorative object…
Other New York laws govern the sale, manufacture and delivery of "switchblade" knives. NY Penal Law § 265.10(1), for example, states that "Within this state a person may not sell or offer for sale, manufacture, or knowingly possess any switchblade knife…" Punishments for such conduct are specified in the same statute. Interestingly, it is unclear if the statutes are unconstitutional. In 2000, the United States Court of Appeals for the Second Circuit issued an opinion in United States v. Coonan, which cast doubt on the constitutionality of statutes that ban someone from possessing or carrying a knife at all times.
OTF Knife Penalties in NY
The discussion about OTF Knives and New York law wouldn’t be complete without a look at the potential exposure to criminal liability for unlawful possession of a weapon in New York. While discussed on other parts of the internet, there are no uniform legal standards. At the highest level it is a felony in New York to possess "gravity knives" and "switchblade knives"; both carry up to seven years in prison and on the felony level, carrying an OTF knife can result in a charge of Criminal Possession of a Weapon in the Third Degree, a class D non-violent felony. While rarely prosecuted as such (and both convictions and non-convictions can often be dismissed under the right circumstances), mandatory minimum prison time can still result.
Although the law specifically mentions that knives – including those with blades under four inches long – are not weapons, a long history of case findings has determined that there are a few different categories of unlawful possession offenses that can be charged in New York while possessing what is usually considered a pocketknife. The first of those categories is based on whether the knife has certain "features" such as a switchblade mechanism or "wig-wag" style opening mechanism. These features are often found on military or otherwise more tactical designs, and include certain OTF knives. Penalties for possessing a knife of this type can be as low as a misdemeanor and up to a felony, depending on the exact features of the knife.
In addition, New York City has its own law covering knives that do not fall into those categories. N.Y.C. Admin. Code tit 10, chapter 5. In New York City it is a violation – a civil penalty that cannot exceed $350 – to "carry, conceal, or possess a knife with the intent to use such knife unlawfully." The knife must be either a blade of four inches or more, or have a blade less than four inches but be attached to or a part of another object. The criminal element here is merely that the knife is possessed with the unlawful intent to use it.
In many cases, violations of the statute may lead to nothing more than a desk appearance ticket. However, a conviction or even a non-conviction can result in exclusion from carrying a knife of any type in New York City in the future. In other words, you could find yourself in the position of being arrested each time you tried to bring a knife into the city. For anyone living and working there, or even just European tourists, what many consider an essential piece of tactical gear can quickly become a liability.
Ignitions and Exemptions for OTF Knives
Despite the general prohibition on the use, possession or sale of OTF knives in New York, there are important exceptions and exemptions. Police officers, peace officers, and members of the military are permitted to possess these knives, so they can be appropriately used in the line of duty. Exception is made, of course for any such knife that may be used to harm or threaten another individual . In such a case, even those members of law enforcement would face criminal charges for possession of an illegal knife. Generally speaking, it would not be advisable for civilians to attempt to employ any sort of exemption, exception or defense to the law without the representation of an experienced attorney.
How NY Compares to Other States Regarding OTF Knives
While many states offer a clearer legal position on OTF knives than New York, the Garden State also maintains ambiguous regulations. Like in New York, OTF knives are prohibited in New Jersey. This means that individuals caught carrying these knives may be subject to arrest and fines. However, N.J.S. § 2C:39-5 presumes that the knife is "unlawfully" possessed; the prosecutor then has the burden of proving the purpose of the knife was illegal. Additionally, if you have the intent to use the knife against someone you could be charged with an unlawful purpose.
The State of Connecticut is even more lenient, allowing OTF knives as long as they’re not used for illegal purposes. Conn. Gen. Stat. Ann. § 53-206 prohibits the carrying of "dagger[s], dirk[s] [and] stiletto[s]" but does not consider OTF knives to fall under that category. A similar stance is taken by the State of Pennsylvania. Under 18 Pa. Cons. Stat. Ann. § 908, items defined as offensive weapons, including "knives, daggers … and other deadly instruments or offensive weapons of like kind in the manner they are used." Many in essence, call these kinds of weapons, dirk knock-offs and make them legal in Pennsylvania. More leniency can be found in the State of Michigan. The State of Michigan defines knives in the penal code as follows: (1) Except as provided in subsection (2), a person shall not knowingly carry a dagger, dirk, or stiletto weapon concealed or unconcealed on or about his or her person. (2) Subsection (1) does not apply to any of the following: (a) A person carrying a knife in his or her home or on his or her own land as a usual farm or for purposes of lawful hunting, fishing, or trapping. (b) A person carrying a knife in a purse, briefcase, satchel, backpack, or other similar bag or container. (c) A knife carried by a person for recreational purposes, including for a use related to camping, hiking, fishing, or hunting and which knife is sheathed and in a protective case. (d) A person engaged in the lawful protection or preservation of property. (e) A person having a blade length of 3 inches or less. (f) A person who is a peace officer or has received approval under section 1 of 1931 PA 328, MCL 750.84, or a similar statute of another state to carry a concealed pistol. If none of these situations apply, under the laws of Michigan, individuals cannot carry a concealed knife or otherwise.
Advocacy, Litigation and Lobbying Organizations
After the 2012 amendment legalizing most pocket knives in New York City, the legality of OTF knives has been generally viewed as left to judicial interpretation. Nevertheless, some advocacy groups have borne the brunt of enforcing the regulations as they stand. For example, Knife Rights, an organization with a mission to "advance knife law reforms," has filed several civil lawsuits against local prosecutors regarding the legality of various knives under New York law, including OTF knives. On May 16, 2014, Knife Rights filed a complaint against members of the New York County District Attorney’s Office in Fifth Judicial District of New York (NY) Supreme Court, seeking an injunction that dismisses all criminal charges for criminal possession of self-propelled knives.
Although it is still unclear how the outcome of those cases will affect OTF knives’ legality in New York, with widespread popular support, Knife Rights’ actions have drawn attention to the issue, ensuring that courts take heed of the subject.
New York Knife Advice
Any knife enthusiast looking to procure an OTF knife should keep in mind that while the purchase and possession of this type of knife is legal so long as the blade is less than four inches, New York law enforcement may have a different view of "what" is legal, and so may a District Attorney when the matter comes to trial. Indeed, New York City – which was not even mentioned in the above-referenced appellate court decision – continues to take the position that OTF knives are illegal weapons (or at least without a compelling justification for possessing one) and regularly prosecutes people who possess them. Moreover, even if a person is successful in purchasing and possessing an OTF knife in compliance with the law, there are various risks associated with carrying one if they have no practical purpose to do so. First, carrying an OTF knife is deemed to be the same as possessing an "automatic knife", which is illegal regardless of whether it is "open" or "closed" . Second, since OTF knives are often carried on a belt, admirer or on the waistline, such a concealed knife may be deemed to be a "dagger" (as defined in N.Y. Penal Law § 265.00(2) (and not a legal "dirk knife" as defined in N.Y. Penal Law § 265.00(5)), which is illegal to possess regardless of whether it is "open" or "closed". Third, if the OTF knife is "auto-open" and "auto-close" by finger pressure and not by way of a mechanism activated by thumb pressure (i.e., a hard red bank switch), it may be deemed to be a "gravity knife" if it is otherwise capable of being opened and closed with one hand. If so, it would be considered illegal to possess regardless of whether it is "open" or "closed". In sum, while a person may be able to procure and possess an OTF knife legally, it is not legal to carry one without a compelling purpose to do so. Accordingly, any knife enthusiast who wishes to buy and use an OTF knife in New York should be mindful of the law and practical realities.