Are Automatic Knives Legal in New York?
The Short Answer
New York has some of the most restrictive — and most confusing — knife laws in the country. Switchblades are illegal for the general public to possess under N.Y. Penal Law § 265.01. But here's what most people don't know: New York carved out remarkably broad exemptions. Active-duty U.S. military personnel, a massive list of state and local government employees classified as "peace officers" or "police officers," and licensed hunters, trappers, and fishermen can all legally own and carry switchblades.
If you don't fall into one of those categories, automatic knives — including OTF knives — are off-limits. And if you're in New York City, the rules get even tighter.
What New York Law Actually Says
The Statute (N.Y. Penal Law § 265.00 and § 265.01)
New York defines "switchblade knife" in § 265.00(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."
And § 265.01 — Criminal Possession of a Weapon in the Fourth Degree — makes it illegal to possess one:
"A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, electronic stun gun, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword..."
That's a Class A misdemeanor carrying up to one year in jail.
What That Means in Plain English
If you're an ordinary civilian in New York, possessing a switchblade or OTF knife is a criminal offense. Full stop. But the exemption list is where things get interesting — and surprisingly permissive for certain groups.
The Exemptions: Who CAN Legally Carry
N.Y. Penal Law § 265.20 provides that the switchblade restrictions "shall not apply to" several broad categories:
Military Personnel
"Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to possess the same."
Federal law (15 U.S.C. § 1244) specifically authorizes Armed Forces members to possess automatic knives. This means any active-duty U.S. military member can legally possess switchblades in New York.
Police and Peace Officers
The exemption covers all "police officers" as defined in Criminal Procedure Law § 1.20 and "peace officers" as defined in § 2.10. That list is enormous — and goes far beyond traditional law enforcement. It includes:
- State and local police officers
- Special investigators for the state board of elections
- Officers of societies for the prevention of cruelty to animals
- Municipal directors of weights and measures in certain counties
- Transportation supervisors in certain cities
- Department of finance employees assigned to cigarette tax enforcement
- Harbor masters appointed by any county, city, town, or village
- Court clerks in certain departments
The list runs to dozens of categories. If you hold one of these positions, the switchblade ban does not apply to you.
Licensed Hunters, Trappers, and Fishermen
This is the most accessible exemption for regular citizens. § 265.20(6) provides:
"Possession of a switchblade for use while hunting, trapping or fishing by a person carrying a valid license issued to him pursuant to section 11-0713 of the environmental conservation law."
A New York freshwater fishing license costs $25 for residents ($50 for non-residents), requires no training, and can be obtained online. A hunting license is $22 for residents and requires a one-time hunter safety course. With a valid license, you can legally possess and carry a switchblade while engaged in the licensed activity.
OTF Knives in New York
OTF knives are switchblades under New York law. The definition — a blade that "opens automatically by hand pressure applied to a button, spring or other device in the handle" — describes exactly how an OTF operates. If you're not in an exempt category, OTF knives are illegal to possess.
Switchblades vs. Automatic Knives: What New York Considers Them
New York uses the term "switchblade knife" rather than "automatic knife" in most of its criminal statutes. However, § 265.00(5-c) does define "automatic knife" for a narrow purpose:
"'Automatic knife' includes a stiletto, a switchblade knife, a cane sword, a pilum ballistic knife, and a metal knuckle knife."
This definition was created solely to allow a historical society to establish a knife museum in Napanoch, New York. It has no practical application beyond that museum.
The "Dangerous Knife" Problem
Beyond the switchblade ban, New York has a separate and deeply problematic provision. § 265.01(2) makes it illegal to possess:
"any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument with intent to use the same unlawfully against another."
The Penal Code never defines "dangerous knife." Instead, a 1983 court decision (Matter of Jamie D., 59 N.Y.2d 589) created a three-part judicial definition allowing any knife — including an ordinary pocketknife — to be deemed "dangerous" based on the "circumstances of possession" or "context of activity."
This means in New York, particularly in New York City, even a legal folding knife can become the basis for a weapons charge depending on the situation. Never tell a New York law enforcement officer that you carry a knife "for protection." Courts have consistently held that this statement transforms any knife into a "weapon" and thus a "dangerous knife" under the statute.
Assisted Openers: A Warning
New York has not adopted the federal "bias toward closure" standard. In People v. Berrezueta (2018), the Court of Appeals upheld a switchblade conviction involving what knife enthusiasts would call an assisted-opening knife — where the activating mechanism was on the blade, not the handle. The court's brief memorandum decision offered no meaningful analysis, but the practical takeaway is clear: assisted-opening knives should be avoided in New York.
Carrying a Knife in New York
Open Carry
New York state law does not distinguish between open and concealed carry for knives — the same rules apply either way. However, several municipal and transit authority ordinances in the New York City metropolitan area restrict open carry of knives.
Concealed Carry
Same rules as open carry at the state level. For legal knives (manual folders, fixed blades), carry is generally permitted. For switchblades, carry is illegal unless you're in an exempt category.
New York City: The 4-Inch Rule
New York City adds its own layer with a 4-inch blade length limit. NYC Administrative Code § 10-133 makes it illegal to carry a knife with a blade length of four inches or more in public. This applies to all knives — not just automatics. Combined with the state-level restrictions, this makes NYC one of the most knife-restrictive jurisdictions in the country.
Where You Can't Carry (Restricted Locations)
- Schools — All schools are required to develop weapons codes of conduct. Don't carry any knife on school property.
- Public transit — The NYC Transit Authority prohibits weapons and dangerous instruments on all conveyances and facilities (21 NYCRR 1050.8). This includes switchblades, box cutters, gravity knives, straight razors, and swords.
- Court facilities and correctional facilities
- Certain airports
Age Restrictions
Persons under age 16 may not possess a "dangerous knife" under § 265.05.
Statewide Preemption
New York has no statewide preemption for knife laws. Local municipalities can — and do — enact their own restrictions. This is why NYC's 4-inch blade limit exists alongside state law.
The Gravity Knife Reform
In a significant 2019 change, New York repealed its gravity knife ban. Governor Cuomo signed the repeal after years of advocacy highlighting the thousands of arrests — disproportionately affecting tradespeople and minorities — under the vague "wrist flick test" standard. Gravity knives are now legal to possess in New York.
However, a former gravity knife could still be charged as a "dangerous knife" under § 265.01(2) based on circumstances of possession, despite no longer being restricted under § 265.01(1).
Buying Automatic Knives in New York
§ 265.10 generally prohibits the manufacture, transport, and sale of switchblades. However, by operation of the § 265.20 exemptions, these restrictions "shall not apply" where the purchaser is in an exempt class. Retailers can legally sell switchblades to military personnel, peace officers, and licensed hunters/fishermen. The prosecution would bear the burden of proving a sale was made to a non-exempt individual.
Frequently Asked Questions
Can I carry an OTF knife in New York?
Not unless you're active-duty military, a designated peace/police officer, or carrying a valid hunting/fishing/trapping license while engaged in that activity.
Are switchblades illegal in New York?
For the general public, yes. But broad exemptions exist for military, government employees, and licensed hunters/fishermen.
Is there a blade length limit for automatic knives in New York?
State law has no blade length limit. New York City imposes a 4-inch limit on all knives carried in public.
Legal Disclaimer
This article is for informational purposes only and does not constitute legal advice. Knife laws change — sometimes faster than websites update. Federal, state, and local laws may all apply to your situation, and local ordinances can be more restrictive than state law.
Before purchasing, carrying, or traveling with any automatic knife, OTF knife, or switchblade, verify current laws with official state and local sources. We are not attorneys, and we are not responsible for actions taken based on this information.
When in doubt, consult a licensed attorney in your jurisdiction.