Butterfly knives are not illegal to own in New York. The state repealed its gravity knife ban on May 30, 2019, and because New York courts had long treated butterfly knives as gravity knives, that repeal removed the main legal basis for prohibiting them. You can keep one at home without committing a crime. Carrying one in public is a different question, and in New York City especially, the answer gets complicated fast.
What the 2019 Repeal Changed
For decades, New York’s Penal Law defined a gravity knife as one with a blade released from the handle by gravity or centrifugal force and then locked into place.1New York State Senate. New York Code PEN 265.00 – Definitions Prosecutors argued that a butterfly knife, which flips open with a wrist motion, fit that definition, and courts agreed. Thousands of people were arrested for carrying one.
Senate Bill S4863, signed by Governor Cuomo on May 30, 2019, removed gravity knives from the list of weapons whose mere possession is a crime under Penal Law 265.01.2New York State Senate. New York Senate Bill S48633New York City Police Department. NYPD Frequently Asked Questions About Knives The definition still sits in the statute books, but it no longer attaches to any possession offense. Owning a butterfly knife as a collector, a hobbyist, or just because you bought one is lawful.
When Carrying One Still Breaks State Law
The repeal killed possession-only charges. It did not touch intent-based ones. Penal Law 265.01(2) makes it a Class A misdemeanor to carry any dangerous knife, or any dangerous or deadly instrument, with the intent to use it unlawfully against another person.4New York State Senate. New York Code PEN 265.01 – Criminal Possession of a Weapon in the Fourth Degree A butterfly knife fits comfortably within “dangerous knife.” The moment a prosecutor can show you were carrying it to threaten or harm someone, you are facing fourth-degree criminal possession of a weapon.
Intent is proven through context. A butterfly knife in a toolbox in your truck reads very differently from one concealed in your waistband at a bar after an argument. Officers and prosecutors look at where you were, what you said, what else you were carrying, and whether a dispute was unfolding. The knife is legal. The knife plus the circumstances is what creates the exposure.
New York City Rules That Catch People Out
New York City layers its own rules on top of state law, and these apply whether or not you have any bad intent. If you carry a butterfly knife in the five boroughs, these are the rules that will probably trip you up.
Blade Length and Open Carry
NYC Administrative Code Section 10-133 makes it illegal to carry a knife with a blade of four inches or more in any public place, street, or park.5Justia Law. New York City Administrative Code 10-133 Plenty of butterfly knives sit right at that threshold, so measure yours. The same section also prohibits wearing any knife outside your clothing or carrying one in open view in a public place, regardless of blade length, unless you are actively using it for a lawful purpose like work.
There are narrow exemptions. You can transport a knife directly to or from a place of purchase, repair, or sharpening if it is packaged so it is not easily accessible. Workers who need a knife for their trade can carry one while working or traveling immediately to or from the job. “I collect them” is not on the list. A butterfly knife clipped to your pocket on a Manhattan sidewalk can get you cited.
A violation of Section 10-133 carries a fine of up to $300, up to 15 days in jail, or both. Lighter than a state weapons charge, but still an arrest, a court appearance, and a record if you are convicted.
Subways, Buses, and Stations
Weapons, dangerous instruments, and anything intended for use as a weapon are prohibited throughout the NYC transit system, which covers subways, buses, and stations.3New York City Police Department. NYPD Frequently Asked Questions About Knives A butterfly knife on the subway falls within that rule. Enforcement is at the officer’s discretion, and that discretion is a real risk if you commute with one.
Buying One From Out of State
Here is the trap most buyers miss. New York State no longer bans butterfly knives, but federal law restricts shipping them across state lines. The Federal Switchblade Act defines a switchblade broadly enough to include any knife with a blade that opens by operation of inertia, gravity, or both.6GovInfo. United States Code Title 15 Chapter 29 – Switchblade Knives A butterfly knife opens through inertia, so it is covered.
Under 15 U.S.C. § 1242, knowingly introducing a switchblade knife into interstate commerce, or transporting or distributing one across state lines, is a federal crime punishable by a fine of up to $2,000, up to five years in prison, or both.7Office of the Law Revision Counsel. 15 U.S.C. 1242 – Introduction, Manufacture for Introduction, Transportation or Distribution in Interstate Commerce Prohibited The statute goes after commercial activity that crosses borders, not sales that happen entirely within New York.
The law carves out exceptions for common carriers handling shipments in the ordinary course of business, members of the armed forces acting in an official capacity, and individuals with only one arm who carry a switchblade with a blade of three inches or less.8Office of the Law Revision Counsel. 15 U.S.C. 1244 – Exceptions For most people, the practical rule is simple: buy from a retailer inside New York instead of ordering from an out-of-state seller.
Flying With One
TSA rules bar knives of any kind from carry-on luggage, butterfly knives included. You can pack one in checked baggage if it is sheathed or securely wrapped to protect baggage handlers.9Transportation Security Administration. Sharp Objects TSA officers also have discretion to pull any item they consider a security threat even when it otherwise meets checked-bag rules. Your destination matters too. Several states still ban butterfly knives outright, so a knife that is legal in New York may be illegal where you land.
Penalties by Charge
- Criminal possession of a weapon in the fourth degree under Penal Law 265.01 is a Class A misdemeanor, carrying up to 364 days in jail and a fine of up to $1,000. It requires proof that you possessed the knife intending to use it unlawfully against someone.10New York State Senate. New York Code PEN 70.15 – Sentences of Imprisonment for Misdemeanors and Violation4New York State Senate. New York Code PEN 265.01 – Criminal Possession of a Weapon in the Fourth Degree
- A violation of NYC Administrative Code 10-133 carries a fine of up to $300, up to 15 days in jail, or both. No proof of unlawful intent is needed. Carrying a four-inch-plus blade in public, or displaying any knife openly, is enough.5Justia Law. New York City Administrative Code 10-133
- A Federal Switchblade Act violation under 15 U.S.C. § 1242 carries a fine of up to $2,000, up to five years in federal prison, or both. It applies to interstate or international commerce, not personal possession within New York.7Office of the Law Revision Counsel. 15 U.S.C. 1242 – Introduction, Manufacture for Introduction, Transportation or Distribution in Interstate Commerce Prohibited
Legal to own and safe to carry everywhere are two different things in New York. The knife on your workbench is lawful. The same knife in your pocket on a city sidewalk, on the subway, or shipped to you from Pennsylvania can land you in front of a judge. Knowing which rule applies where is what keeps a legal hobby from becoming an arrest.