4 ms·

brandishing != carrying

• abeppu 2y ago
  No one said brandishing meant carrying. From the site cited above, on the broadness of NY's interpretation of an illegal "dangerous knife": > The circumstances in the Richards case were that the defendant was a casual street vendor seeking to interest a buyer to purchase a Sponge Bob balloon. His persistence led to a police intervention wherein a knife with a 3-inch blade was discovered in his back pocket. The description of the knife did not place it in either category of knives restricted in New York. He explained the purpose for his possession of the knife: >> That’s for my protection. I need it because of drug dealers. I make $500 a week and drug dealers are out to get me. > The defendant did not display or brandish the knife, which had remained in his pocket. He was charged with criminal possession under § 265.01 and with disorderly conduct. The court, guided by the reasoning of the case of Matter of Jamie D, observed that a dangerous knife is one that may be used as a weapon, and since the defendant stated that it was for his protection, his purpose made it a weapon, and therefore a dangerous knife. I.e. carrying a small blade becomes illegal, even if never used as a weapon, or displayed in threat, if the person carrying it mentions defense as a reason for having it. IIUC, there's no established lower-bound on what kind of knife can be considered "dangerous" on these grounds -- if I carry a tiny keychain pocket knife and say that it is for protection, I can be judged to have an illegal "dangerous knife." That seems pretty silly.