Legality of a particular knife in NY

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joshk-k

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Hi all!

I'm also posting this in the legal section.

I would like to give a gift of a Kershaw Scallion to a friend who lives in upstate NY. I have just read on the internet the state's definitions of prohibited types of knives:

"- Section 265.00 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.
5. "Gravity knife" means any knife has blade which is released from the handle or sheath thereof by the force of gravity of the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever, or other device. [Note: In NYC, and potentially in other NY jurisdictions, this definition is construed to apply to ANY folding knife with a blade that locks open. ]"

Basically I'm trying to figure out whether the Scallion meets that definition and is therefore prohibited. Also, are there any special issues because I would like to give it to a minor (age 7)?

Thanks for any insight you can offer.

Josh
 
Assisted openers don't open automatically. You have to push them open part of the way before the spring engages to carry them the rest of the way to open.

The federal switchblade law was recently amended to exclude assisted openers from the classification as switchblades.
 
The key difference between a switchblade and an assisted opening knife is pretty subtle at first glance....

A switchblade opens when a button, switch or mechanism on the knife's handle is actuated. An assisted opener requires the user to move the blade itself to beyond a certain point before it continues under spring motivation.

Another point of difference is that when closed, an assisted opener's spring is tending to move the blade towards "closed". The spring on an auto is working against the lock, trying to open the blade.

Hope the young fellow enjoys his Scallion. My dad bought me my first pocket knife when I was 4. Some cheap garage station special. I lost it, and the next half dozen in the woods and meadows around home, over the next few years, but I was made a knife nut for the rest of my life. It's been over 15 years since I lost one now.

Do have a little chat with the fellow about knife safety. And where knives are inappropriate...

J
 
Thanks for the responses! I figured that, with such wide restrictions on switchblades, it made no business sense for Kershaw if the Onion series was categorized as such. I just wanted to check.

The young man in question has amazing parents who constantly leave me in awe of the kids they're raising. I trust them to do complete and appropriate training and teaching about knives. I think he has a swiss army already.

Josh
 
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