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Old September 9, 2011, 09:16 PM   #1
AlexI
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Recommend a knife/gun attorney in NYC?

Hi guys,

I got into trouble with NYC knife law - was just picked up in the subway carrying a SOG Aegis knife and charged with carrying an illegal weapon.
One of those things that you never thought could happen to you...

Can anybody recommend an attorney specializing in such matters?
I will probably also need him to deal with whatever happens with my rifle license - I am sure they will pull it at some point because of this charge.

I will appreciate references.

Thank you.
Alex.
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Old September 9, 2011, 09:43 PM   #2
Patriot86
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I am not a lawyer but it MIGHT not be as bleak for you as you might think.

http://knife-expert.com/ny.txt

According to the above link, it looks like you might be pegged for criminal possession of a weapon in the 4th degree. If that is indeed the case with your situation, you are exposed to a misdemeanor. That is a world better than being exposed to a felony.

http://www.new-york-lawyers.org/lawy...y-1580406.html


I did a quick Google search and found the link I posted above, even if you end up not using them their site looks like it is filled with lots of info.


isn't it amazing though, we live in America a supposedly free country and you can't even be guaranteed the right to carry a pocket knife.



Good luck
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Old September 10, 2011, 02:03 PM   #3
wally626
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I wont ask for specifics, but blades under 4 inches are generally OK in NYC. There was a discussion last year about a guy charged with a similar crime who had a under 4-inch knife and eventually got the charges dropped. You might do a search and send him a private message to get the name of his lawyer.

Edit: Found the threads

http://thefiringline.com/forums/show...ice+harassment

and

http://thefiringline.com/forums/show...knife+new+york

Bubsy was the members name.

Last edited by wally626; September 10, 2011 at 02:07 PM. Reason: Found additional information
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Old September 10, 2011, 10:12 PM   #4
Bartholomew Roberts
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Aimless (site staff at AR15.com) is a lawyer licensed in NY. Don't know if his practice involves gun stuff; but he probably knows someone who does do that.
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Old September 10, 2011, 11:53 PM   #5
csmsss
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This question is not intended for the original poster, who should not say anything to anyone not a competent attorney about the particulars of his case. I am curious, however, in a general sense, exactly how an otherwise law abiding citizen riding on mass transit could somehow have generated adequate probable cause for a police officer to search his person and find a (presumably) concealed pocketknife. Seems to me that even a modestly skilled lawyer should be able to drive mack truck-sized holes through the prosecution's case on the basis of probable cause alone. Of course, if the OP was waving his knife around and threatening folks with it, that'd be an entirely different story!
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Old September 11, 2011, 10:02 PM   #6
Hardcase
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Quote:
I am curious, however, in a general sense, exactly how an otherwise law abiding citizen...
The "otherwise law abiding citizen" may be an incorrect assumption. Not to disparage the OP (nor to prompt him to reply, at least until his case is over.)
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Old September 12, 2011, 04:47 AM   #7
shaunpain
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Yes, I am also curious as to how someone can get nailed with having a pocket knife. But, alas, the OP should NOT discuss this case until it is closed as suggested above. That should be your action in any legal matter.
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Old September 12, 2011, 07:58 AM   #8
nynomad
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They do random searches in the NYC subway system these days. So anyone could get stopped. You don't need to look suspicious.
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Old September 12, 2011, 08:42 AM   #9
AlexI
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To those who wondered about how the knife was discovered - I don't think it can hurt my case any to explain. It was clipped in my jeans pocket with the clip showing. I was riding the subway home from work, reading a book. They just walked up to me and said: "Sir, is this a knife in your pocket...."

Alex.
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Old September 12, 2011, 08:47 AM   #10
shaunpain
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It appears that this program was started after the London bombings in 2005 and falls within a legal "gray area". I guess it's safe to say that it's legal because no one has challenged it. I don't think I would ever expose myself to a search unless it is done at something like an event or something that I pay to go to and everyone is searched. Don't just give up your rights to the boys in blue!!

EDIT: Ahhh... that adds a whole 'nother twist. So I wonder if the law states that you can carry that knife openly and not concealed, or just not at all. I would consider the knife carried openly since a portion of it was exposed, but I'm no lawyer. That just sounds crazy and I hope nothing happens to you. I live in Chicago, and I honestly couldn't even imagine that ever happening here. That Bloomberg is crazy!
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Old September 12, 2011, 10:24 AM   #11
Hardcase
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Quote:
They just walked up to me and said: "Sir, is this a knife in your pocket...."
"Or are you just happy to see us?"

Seriously, though...oh dear. I wish you the best. And I guess that it goes without saying (but I'm gonna say it) that I'm glad that live where I do.
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Old September 12, 2011, 05:30 PM   #12
Stressfire
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Quote:
They do random searches in the NYC subway system these days. So anyone could get stopped. You don't need to look suspicious.
Sounds like a Fourth Amendment issue to me, I regularly carry one of these clipped onto my front right pocket or back pocket and have never had a problem with any LEO nor been questioned about it. I have been asked by bouncers to let them look at it - they always ask where I got it (grip on mine is a lot prettier than the one pictured)

Ohio has a very very grey area where knives are concerned - pretty much if its not a switchblade, balisong, or ballistic blade - there is nothing that I am aware of making a folding blade illegal to carry, however, there is a "deadly ordnance" law and knives count. I am fairly certain an Ohio CCW covers bladed weapons as well, but I still need to actually check on that, all the literature from the AG & Sheriff refers to firearms.

Quote:
ยง ORC2923.12. Carrying concealed weapons.

(A) No person shall knowingly carry or have, concealed on the person's person or concealed ready at hand, any of the following:
(1) A deadly weapon other than a handgun;
(2) A handgun other than a dangerous ordnance;
(3) A dangerous ordnance.
But that is open to interpretation.
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