by The New York Court of Appeals is the highest appellate court in the state of New York. They decided a case last week that is very problematic to everyone who owns an assisted-opening knife in the state. In the case of People v. Berrezueta they declared in a 6-1 decision that a spring-assisted opening knife is a switchblade within the definition of the New York’s penal code. The dissent by Judge Jenny Rivera disagreed strongly and pointed out the deficiencies in the majority’s argument.
Doug Ritter has more in an alert he sent out this morning:
URGENT New York State WARNING
Are Assisted-Openers Now Illegal Switchblades ?
As if New York wasn’t already a confusing legal and regulatory nightmare for honest, law-abiding knife owners, the highest court in the state just upheld, in a one paragraph opinion, the conviction of a person in possession of an assisted opening (spring-assisted) folding knife under the theory that it was an illegal switchblade knife under New York law.
The decision was overwhelming, 6 to 1, but it’s worth noting the excellent dissent by Judge Jenny Rivera which is detailed, analytical, logical and very well-reasoned.
Click here to read the decision including her brilliant dissent.
Assisted opening folding knives are widely and routinely carried by millions of law abiding individuals, and given the momentous nature of this decision, certainly affecting hundreds of thousands of pocket knife owners in New York State, a review of the briefs suggests that the seriousness of the issues at stake was not presented to the court. The prosecution fundamentally mischaracterized the nature of the knife as being a switchblade. The significant and fundamental differences between a switchblade and the assisted-opening folder the defendant was carrying were not before the Court.
In addition to completely redefining what a knife’s handle is, essentially eliminating the difference between the handle and the blade, the Court disregarded the fundamental difference in how the two types of knives operate – switchblades being automatic (an essential element of the definition) while assisted-openers are not.
Given that this confusion goes against clear historical precedent and that nobody in the real world is likely to interpret that statute in that manner, it creates a trap for all knife owners who would rationally never consider an assisted-opening folder to be a switchblade, especially if they were intimately familiar with plain wording of New York’s switchblade statue.
265.00 Weapons Crimes – Firearms and Other Dangerous Weapons
Definitions
…
4. “Switchblade Knife” means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. (emphasis ours)Regardless of whether we win our current civil rights case against New York City and District Attorney Cyrus Vance, Jr. over their unconstitutionally vague gravity knife prosecutions of those carrying common folding knives, the hundreds of thousands of knife owners who possess an assisted-opening folding knife anywhere in New York state could now be liable to being prosecuted for simply possessing a per se (inherently) illegal switchblade under ยง265.01, which is a serious crime, a fourth degree misdemeanor with a potential penalty of a year in jail. And, as we have seen far too often in our Federal gravity knife case, anyone who has had a prior conviction, even decades ago, is likely to have the charge against them upgraded to a felony with potentially years of jail time and loss of civil rights.
Actually carrying an assisted-opener will certainly raise the likelihood of arrest and prosecution.
At this juncture we must warn anyone living in New York State, or who visits or travels through New York State, that you risk arrest and jail if you carry an assisted-opening folding knife. Retailers within New York State may want to consider their potential criminal liability in continuing to sell assisted-opening knives.
We’ll certainly be looking to find a solution to this problematic decision, but for now, discretion is the better part of valor with regards to assisted-opening folders in New York State.
And, just to be clear, this assisted-opener issue that covers the entire state of New York is entirely separate from New York City’s gravity knife arrests and prosecutions; as well as New York City’s administrative code prohibiting open carry of a knife (including being clipped to a pocket or “printing”) and its under 4-inch blade length limit. Details at: https://kniferights.org/legislative-update/new-york-city-administrative-code-knives/
