Are Butterfly Knives Illegal in NY? Repeal, NYC Rules, Penalties

Butterfly knives are not illegal to own in New York. The state repealed its gravity knife ban on May 30, 2019, and because courts had long treated butterfly knives as gravity knives, that repeal removed the main basis for prosecuting people who simply possessed one.1New York State Senate. New York Senate Bill S4863 Carrying one is a different question. Depending on your intent, the blade length, where you are in the state, and whether the knife crossed state lines to reach you, you can still be arrested or fined.

What the 2019 Repeal Actually Changed

New York’s Penal Law used to define a gravity knife as one whose blade is released from the handle by gravity or centrifugal force and locks into place.2New York State Senate. New York Code PEN 265.00 – Definitions A butterfly knife opens with a wrist flip, and prosecutors used that motion to fit it inside the definition. 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 265.01.3New York City Police Department. NYPD Frequently Asked Questions About Knives

Keeping a butterfly knife at home, in a collection, or in a workshop is now lawful throughout New York. The definition of gravity knife still sits in the Penal Law, but it no longer feeds into any possession offense.

When Carrying One Can Still Be a Crime

The repeal did not touch intent-based charges. Under Penal Law 265.01(2), carrying any dangerous knife, or any dangerous or deadly instrument, with intent to use it unlawfully against another person is criminal possession of a weapon in the fourth degree, a Class A misdemeanor.4New York State Senate. New York Code PEN 265.01 – Criminal Possession of a Weapon in the Fourth Degree A butterfly knife fits inside “dangerous knife” without difficulty.

Intent is judged from context. Officers and prosecutors look at where you were, what you said, what else you were carrying, and whether the knife came out during any kind of dispute. A butterfly knife in a toolbox reads differently from the same knife pulled during an argument outside a bar. The blade itself is legal; the combination with the circumstances is what creates the charge.

New York City’s Extra Rules

New York City stacks its own restrictions on top of state law, and this is where most butterfly knife owners get into trouble. These rules don’t require any bad intent.

Blade Length and Visible 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 Many butterfly knives sit right at that limit, so measure yours. The same section separately bans wearing a knife outside your clothing or carrying one in open view in public, whatever the blade length, unless you’re actively using it for a lawful purpose like work.

There are narrow exemptions. You can transport a knife to or from a place of purchase, repair, or sharpening if it’s packaged so it isn’t easily accessible. Tradespeople can carry a knife they need for their job while working or traveling directly to and from the job. Collecting is not on the exemption list. A butterfly knife clipped to your pocket walking through Manhattan can get you a citation.

A Section 10-133 violation carries a fine of up to $300, up to 15 days in jail, or both. Less serious than a state weapons charge, but still an arrest and a court date.

Subways and Buses

Weapons, dangerous instruments, and items intended for use as weapons are prohibited anywhere in the NYC transit system, including subways, buses, and stations.3New York City Police Department. NYPD Frequently Asked Questions About Knives A butterfly knife on the subway falls squarely inside that rule.

Buying One From Out of State

The Federal Switchblade Act defines “switchblade knife” broadly enough to include any knife with a blade that opens by inertia, gravity, or both.6GovInfo. United States Code Title 15 Chapter 29 – Switchblade Knives Butterfly knives open through a flipping motion that uses inertia, so they’re covered.

Under 15 U.S.C. § 1242, knowingly introducing a switchblade 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 targets commerce that crosses borders; it doesn’t apply to a sale that happens entirely within New York.

The exceptions are narrow: common carriers handling shipments in the ordinary course of business, armed forces members acting officially, and individuals with only one arm carrying a switchblade with a blade of three inches or less.8Office of the Law Revision Counsel. 15 U.S.C. 1244 – Exceptions For most buyers, the practical answer is to purchase from a retailer inside New York rather than ordering across state lines.

Flying With a Butterfly Knife

TSA prohibits knives of any kind in carry-on luggage. A butterfly knife can go in checked baggage, but it must be sheathed or securely wrapped to protect baggage handlers.9Transportation Security Administration. Sharp Objects TSA officers can still refuse any item they consider a security risk.

Your destination also matters. A knife that’s legal in New York may be illegal where you land. Several states still ban butterfly knives outright, so check before you pack.

Penalties You Could Face

The distance between “legal to own” and “safe to carry anywhere” is wide in this state. A butterfly knife at home is lawful. The same knife in your pocket on a Manhattan sidewalk can trigger a city code violation whatever your intentions, and the same knife shipped in from another state can pull federal law into the picture. Match the knife to the setting before you carry it.