www.akti.org Official Publicationnews of the American Knife && Tool Institute,update Inc. Volume 10 Issue 1 2008 New York Federal Judge Rules One-Hand Opening Knives Are NOT Gravity Knives UNITED STATES DISTRICT COURT was on foot patrol in uniform at the know you're not allowed to carry that EASTERN DISTRICT OF NEW YORK Broadway Junction subway station in knife." (Id. at 5, 11). The defendant Brooklyn, New York. He observed defen- immediately informed the officer that he UNITED STATES OF AMERICA, dant walk passed [sic] him in the station was employed at a U-Haul facility and Against that he used the instrument for cutting JOHN IRIZARRY *********************** sheet rock as directed by his employer. (Id. at 17). Officer McCabe then asked JACK B. WEINSTEIN, The instrument which him for identification, which was imme- Senior District Judge: defendant had in his diately supplied. Defendant was arrested. possession is a common The officer searched him and recovered a I. Introduction loaded pistol from his jacket pocket. (Id. Defendant moves to suppress a hand- tool. Its open possession is at 10). There had been no reason to gun seized at the time of his arrest. the equivalent of a carpenter believe defendant had the gun until he Suppression is required because the was searched. Defendant testified that he arresting officer seized him without rea- carrying a hammer or an purchased the tool two years ago using a sonable suspicion of criminal activity and individual in the street U-Haul credit card that was given to him arrested him without probable cause. He carrying a cellular phone. by his employer to buy supplies and was stopped because a police officer tools. He had not altered the instrument observed clipped to his jeans an instru- The law cannot define as in any way. (Id. at 30). The instrument ment supplied by his employer for cutting criminals tens of thousands was a Husky Sure-Grip Folding Knife and installing sheet rock. It is used by ('"Husky"), described on its packaging as thousands of other workers in the carpet, of mechanics who are a "Folding Lock-Back Utility Knife". … sheet rock, window screen and other required to carry such tools The instrument is colored silver, about trades. To deny suppression would trans- in order to earn a living. three and one half inches long when in its form thousands of honest mechanics into closed position, and about 6 inches in its criminals, subject to arrest at the whim of *********************** open position, with a one inch cutting any police officer. edge. (Tr. June at 7-8). with an instrument jutting out of his right Derek Mobley, an assistant store man- II. Facts front pocket. ager for Home Depot (a major national On March 9, 2007, at approximately Officer McCabe testified that he recog- retail distributor of tools and supplies 11:55 a.m., New York City Police nized the instrument to be a cutting tool with a listing on the New York Stock Department (NYPD) officer Brendan R. in the form of a gravity knife. (Tr. June at Exchange), the company which sells the McCabe, a 16-year veteran of the force, 36). He stopped defendant and said, "you tool, testified. He is familiar with, and A folding knife, such as this Husky, is not a gravity knife. Although it the mechanism makes it operationally identical to hundreds of models has a removable utility blade insert, its bias toward closure and detent in of current popular one-hand opening knives. David Kowalski photos. has received training from the Home According to Mr. Furgal, the term grav- by the force of gravity or the application Depot on, all products that are sold in his ity knife has referred to a knife that has a of centrifugal force which, when released, department, including the Husky. Mr. lever or button that releases a lock so that is locked in place by means of a button, Mobley stated that the instrument is sold the blade can be released by force of spring, lever or other device." to contractors for such things as cutting gravity or centrifugal force. The gravity "Centrifugal Force" is "the apparent force sheet rock, carpeting and window knife was originally designed for use by that is felt by an object moving in a screens. (Tr. August at 8). paratroopers in World War II in case they curved path that acts outwardly away The Husky is a top selling product at become injured during a jump and needed from the center of rotation." Merriam- Home Depot. (Id. at 9). Its New York to extricate themselves from their para- Webster's Collegiate Dictionary (11th ed. State stores sold 67,341 Huskies in fiscal chutes; gravity knives enabled them to 2005). open the knife with one free hand. ********************** American paratroopers were provided the B. Legislative History of the New equivalent, a switchblade. (Id. at 27). He York Gravity Knife Law The widespread and lawful noted that a folding lock-back utility cut- In 1909, the New York State legislature presence of an item in ting instrument such as the Husky is revised the Penal Code to create a com- society undercuts the designed so that it can be opened with prehensive body of laws which comprised one hand or two. For two-handed opera- the new penal law. It sought to disarm reasonableness of an tion there is a trigger at the back of the criminals as a primary means of crime officer's belief that it instrument that should be depressed with prevention, defining a handful of items as one hand, and the other hand should then "per se" weapons. Under section 1897 of represents contraband. be used to pull the instrument open. (Id. the 1909 New York Penal Law the legis- *********************** at 8). For one handed operation the lature declared carrying a "slungshot, instrument includes an opening stud at billy, sandclub or metal knuckles" a the base of the blade so that a person can felony without requiring any criminal year 2006 for a total of $587,540.00; open the instrument with one hand using intent on the part of the individual in pos- from January 2007 through July 2007 it the thumb. session of the item. New York State has sold 36,441 Huskies for The Husky, he declared, is not designed Statutes, Article 172 § 1897 (1909). By $294,116.00…. to open by use of centrifugal force; it is 1930, the list of "per se" weapons includ- James Furgal, was qualified as an constructed so that it has a bias to close ed the possession of "a blackjack, slung- expert in the area of cutting instrument in order to ensure safety when the instru- shot, billy, sand club, sandbag, metal design. (Tr. August at 19). He has had his ment is not in use. It is possible that such knuckles and bludgeon." New York State own large factory for the production of an instrument could be opened by suffi- Statutes, Article 172, § 1897(1)(1930). knives, scissors and other tools. [Camillus cient centrifugal force because if there Cutlery, editor] (Id. at 17-18). He has was too much resistance, or "bias" toward *********************** served as president of a national associa- closing, the instrument could not be tion of such manufacturers [president of opened with one hand. (Id. at 21). The Husky which was AKTI, 2003-2005, editor]. (Id. at 18-19). recovered is not a gravity He testified that Husky is a Home Depot III. Law brand; that identical or nearly identical A. Criminal Possession of a Weapon: knife…. It is designed, sold instruments are sold under a variety of N.Y. Penal Law && 265.00- 265.01 and used as a folding knife. brand names, including Sheffield; and New York Penal Law section 265.01, they are sold by other major retailers. (Tr. Criminal Possession of a Weapon in the *********************** August at 22-23). The manufacturer of Fourth Degree, covers gravity knives, the the instrument sold under the Sheffield term the government contends covers the Possession of a variety of knives under brand name indicated in a letter submitted cutting instrument defendant was carry- this same provision was only criminalized to the court that it sold 1,765,091 similar ing. It reads: if possessed with the intent to use them folding lock-back utility knives nationally … a person is guilty of criminal pos- unlawfully. Id. in 2006. … session of a weapon in the fourth degree In 1954 New York made selling or Defendant's Husky is capable of being when he possesses any firearm, electronic possessing a "switchblade" a misde- opened by an adept person with the use dart gun, electronic stun gun, gravity meanor. A switchblade was defined as of sufficient centrifugal force. Officer knife, switchblade knife, pilum ballistic "any knife which has a blade which opens McCabe demonstrated this after three knife, metal knuckle knife, cane sword, automatically by hand pressure applied to strenuous attempts to open the Husky billy, blackjack, bludgeon, metal knuck- a button, spring or other device in the using one hand and centrifugal force. (Tr. les, chuka stick, sand bag, sandclub, handle of the knife...." Act of Mar. 26, June at 19). He had seen knives which wrist-brace type slingshot or slungshot, 1954, ch. 268, 1954 N.Y. Laws. An opened more readily through the use of shiriken or "Kung Fu star." Emphasis exception was carved out of the statute: such force, (Id. at 18). Mr. Mobley testi- added. possession of a switchblade knife was fied that he was trained by Home Depot Section 265.00 defines a gravity knife lawful if it was necessary for "purposes that the Husky should be opened with as "any knife which has a blade which is of business, trade or profession, or for use two hands.