Question...Folding Tactical Knives

[xXxplosive]

As a knife newby......would the folding tactical knives be considered Gravity Knives as they can be flipped open utilizing the bolts at the hilt with one hand.........trying to determine if in fact these are NJ legal.....I know most things are not.

 

[hso]

What do the NJ statutes say?

Also, "considered" is such a malleable idea that you really can't depend upon it. One LEO's opinion about a one hand opener that can be "popped" open as being a "gravity knife" could just as easily be another's opinion that the only way a knife is a gravity knife is if the blade falls out with a push of a button.

 

[glistam]

The law of NJ doesn't say anything specific and could go either way.

2C:39-1 h. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof by the force of gravity or the application of centrifugal force.

Similarly worded statutes in other states have been interpreted either way. In NY for example, any locking folder that can be "flipped" or "popped," including by being held by its blade, is a gravity knife due to case law. Now the majority of other states ruled the opposite, that such a definition was not the legislative intent.

New Jersey case law does not contain anything solid far as I could find. Though NJ's knife laws in generally are rather vague. Take this example from State v. Riley, 1997:

As we therefore understand the rationale of Lee, where the implement is of an equivocal character, susceptible to both lawful and unlawful uses, its status as a weapon whose possession is capable of subjecting its possessor to criminal liability is entirely dependent on the circumstances attending the possession. See, e.g., State v. Jones, 198 N.J. Super. 553, 569 (App. Div. 1985), so construing N.J.S.A. 2C:39-7. Thus, a pair of scissors taped in such a way as to form a homemade stiletto will justify a conviction under N.J.S.A. 2C:39-5(d) when it is found on the person of an intruder into a home. State v. Lee, supra. And an Exacto knife having an eight-inch handle and a one-inch razor-like blade, a tool which has obvious lawful uses, loses its innocent character when strapped to a person's ankle inside his sock. See State v. Wright, 96 N.J. 170 (1984), app. dism. 469 U.S. 1146, 105 S. Ct. 890, 83 L. Ed.2d 906 (1985).

This wording somewhat suggests that "tactical" knives, with their clear design for purposes of fighting, might be considered illegal on that grounds alone. But also that the circumstances where it was carried speak to this.

 

[xXxplosive]

So.....this is too vague at best. You can be placed under arrest in NJ for just about any item that they feel might pose a threat. I've seen tactical knives being sold in stores in NJ......to who though.....LEO only ?

IMO....the laws in this state have been thought through to be confusing and open ended at best....almost like double talk and contradictory. So, I guess it's like a judgement call to carry one as there are no CCL/CCW in NJ and they limit your ability to self defence to small OC Spray.

 

[glistam]

One thing I need to state because it annoys me to no end in discussions: "Legal" is multidimensional. It can be legal or illegal to own things, to buy and sell them, and/or to carry them. These are separate. In NJ the vague law is in regards to carrying. Stores can legally sell anything that is legal to possess/own and legal to sell. It has nothing to do with the legality of carrying.

Over here in MD you can buy all sorts of handguns. But you can't carry any of them. We don't have CCWs. You can box them up unloaded and take to a range or repair shop or back home. But you can't carry them in any "just in case" manner outside your house.

Now don't get discouraged. On this forum we discuss all kinds of self-defense weapons that are legal in almost any jurisdiction. The trick is not to be be so focused on purpose-built weapons that are "tacti-cool." These are more symbolic than of any significant effectiveness. Look around some of our previous threads and you'll probably find something useful. Just lay off the ellipses.

 

[hso]

Don't use the fact that stores sell certain types of knives to mean that they're legal for "you" to own or carry. That's not where I'd hang my legal hat as a reason to, or not to, purchase or carry a knife. "But they sold it to me at the Mall!" isn't much of a legal defense.

If you carry a folder with a detent or other bias toward closure you're as close to a folder that can't be construed as a "gravity" knife as you can get. That doesn't mean that if you find yourself stopped and/or arrested any given LEO won't look at that knife and decide it's prohibited under some law. That means that their opinion is going to have to be overridden by someone in the DA's office. If you're smart in a situation where you fear you'll be arrested for the knife you carry you'll tell them that you carefully researched whether said compliant-with-all-state-and-local-laws-pocket-knife was legal and would the officer please call a senior supervisor to save all of you the time and legal hassles around being arrested for a knife that you believe the DA or court will find as complying with the law. Pretty please, sir. If you're not certain of the status of a knife, or even if you're not certain of the training about what's legal or not, carry a copy of the law with you in your wallet. The relevant sections aren't that long and they're still readable even if in 6pt type.

 

[Izzy77]

Who says folding knives are "tactical"....and in any case.

"2C:39-1 h. "Gravity knife" means any knife which has a
blade which is released from the handle or sheath thereof
by the force of gravity or the application of centrifugal
force"
http://knife-expert.com/nj.txt

So it's no Gravity knife...

BUT

"2C:39-5. Unlawful Possession of Weapons... d. Other weapons.
Any person who knowingly has in his possession any other
weapon under circumstances not manifestly appropriate for
such lawful uses as it may have is guilty of a crime of
the fourth degree."

AND

"2C:39-6. f. Nothing in subsections b., c. and d. of N.J.S.2C:39-5
shall be construed to prevent... (2) A person carrying a firearm
or knife in the woods or fields or upon the waters of this State
for the purpose of hunting, target practice or fishing, provided
that the firearm or knife is legal and appropriate for hunting
or fishing purposes in this State and he has in his possession
a valid hunting license, or, with respect to fresh water fishing,
a valid fishing license;"

So just like in Good Ol Europe, if the king gives you permission to hunt ( license) you may carry a knife that is legal ONLY in the woods.

Good luck to ya in the CITY.

So a "taktiKewl" folder is legal to posses in your home, but not carry to work.

 

[xXxplosive]

Who needs it in my home when I can carry my Combat Commander.....

So NJ is really the place where only the criminals can carry......not the law abiding citizens...........

 

[hso]

The real problem lies in the twisted extent that some LE and DAs have gone to so that a common pocket knife can meet that "centrifugal force" opening. That establishes case law which says that a knife that can be flipped open is a "gravity knife" even if the definition of a gravity knife is one that can be easily flipped open not one that requires practice and effort to flip open. Luckily the AKTI and Kniferights both are working to get such laws clarified or reversed.

Their recent win in getting the federal "switchblade law" amended specifically introduces the bias towards closure language into the exceptions portion of the law. IOW, any knife with a bias towards closure is automatically excepted from the definition of a switchblade or gravity knife and can't be defined as one. That's something any informed attorney, or citizen, should use when a common pocket knife is called a switchblade or gravity knife.

U.S. Code

Chapter 29 – Manufacture, Transportation, or Distribution of Switchblade Knives

Section 1241. Definitions

As used in this chapter -
(a) The term "interstate commerce" means commerce between any State, Territory, possession of the
United States, or the District of Columbia, and any place outside thereof.
(b) The term "switchblade knife" means any knife having a blade which opens automatically -
(1) by hand pressure applied to a button or other device in the handle of the knife, or
(2) by operation of inertia, gravity, or both.

Section 1242. Introduction, manufacture for introduction, transportation or distribution in interstate
commerce; penalty

Whoever knowingly introduces, or manufactures for introduction, into interstate commerce, or transports
or distributes in interstate commerce, any switchblade knife, shall be fined not more
than $2,000 or imprisoned not more than five years, or both.

Section 1243. Manufacture, sale, or possession within specific jurisdictions; penalty

Whoever, within any Territory or possession of the United States, within Indian country (as defined in
section 1151 of title 18), or within the special maritime and territorial jurisdiction of the United States (as
defined in section 7 of title 18), manufactures, sells, or possesses any switchblade knife, shall be fined
not more than $2,000 or imprisoned not more than five years, or both.

Section 1244. Exceptions

Sections 1242 and 1243 of this title shall not apply to - (1) any common carrier or contract carrier, with
respect to any switchblade knife shipped, transported, or delivered for shipment in interstate commerce in
the ordinary course of business;
(2) the manufacture, sale, transportation, distribution, possession, or introduction into interstate
commerce, of switchblade knives pursuant to contract with the Armed Forces;
(3) the Armed Forces or any member or employee thereof acting in the performance of his duty;
(4) the possession, and transportation upon his person, of any switchblade knife with a blade three
inches or less in length by any individual who has only one arm; or

(5) a knife that contains a spring, detent, or other mechanism designed to create a bias toward
closure of the blade and that requires exertion applied to the blade by hand, wrist or arm to overcome
the bias toward closure to assist in opening the knife.

Further reference to Switchblades in US Code found at …

There are some knives with a bias to closure that once the lock is relieved will flip open like a centrifugal gravity knife. Those might be harder to defend.