One ballsy guy chasing him out the door with a machete Robber gets big surprise when a clerk pulls out a machete - CNN.com Video
Great post... I keep telling folks it's an awesome tool with one hell of an intimidation factor :0) Thanks for posting Bear
If it was "at the ready" that sheath would have been mounted for a quick draw, not that long drawn out bit. He is really lucky he did not get shot.
I am going to go with @Seacowboys line and say this.... a machete is better than a pocket full of rocks.... Guy had balls and did what he needed to do- good for him.
With this Pandora's box of laws in NY they may press charges against the guy defending himself.. Source: Bernard Levine - Knife Expertise: Knife ID, Knife Laws, Knife Values My state 4 paragraphs.... ////////////////////////////////// New York - Penal Law Section 265.01. A person is guilty of criminal possession of a weapon in the fourth degree when: (1) He possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken or "Kung Fu star"; or (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or (5) He possesses any dangerous or deadly weapon and is not a citizen of the United States... Criminal possession of a weapon in the fourth degree is a class A misdemeanor. - Section 265.00 Definitions... 4. "Switchblade knife" means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. 5. "Gravity knife" means any knife has blade which is released from the handle or sheath thereof by the force of gravity of the application of centrifugal force which, when released, is locked in place by means of a button, spring, lever, or other device. [Note: In NYC, and potentially in other NY jurisdictions, this definition is construed to apply to ANY folding knife with a blade that locks open. ] 5-a. "Pilum ballistic knife" means any knife which has a blade which can be projected from the handle by hand pressure applied to a button, lever, spring or other device in the handle of the knife. 5-b. "Metal knuckle knife" means a weapon that, when closed, cannot function as a set of metal knuckles, nor as a knife and when open, can function as both a set of metal knuckles as well as a knife. - 265.04. It shall be unlawful for any person under the age of sixteen to possess any... dangerous knife... A person who violates the provisions of this section shall be adjudged a juvenile delinquent. [Found unconstitutionally vague by Superior Court, 1982; finding reversed by Court of Appeals, 1983] - Section 265.10... 1. Any person who manufactures or causes to be manufactured... any switchblade knife, gravity knife, pilum ballistic knife... is guilty of a class A misdemeanor... 4. Any person who disposes of any of the weapons, instruments or appliances specified in subdivision one of section 265.01, except a firearm, is guilty of a class A misdemeanor, and he is guilty of a class D felony if he has been previously convicted of any crime. - Section 265.15 Presumption of possession, unlawful intent, and defacement... 2. The presence in any stolen vehicle of any weapon... specified in sections 265.01... is presumptive evidence of its possession by all persons occupying such vehicle... 3. The presence in an automobile, other than a stolen one or a public omnibus, of any firearm... gravity knife, switchblade knife... is presumptive evidence of its possession by all persons occupying such vehicle... except... (a) if such weapon... is found upon the person of one of the occupants therein; b) is such weapon... is found in an automobile which is being operated for hire by a duly licensed driver... then such presumption shall not apply to the driver... 4... The possession by any person of any dagger, dirk, stiletto, dangerous knife or any other weapon, instrument, appliance or substance designed, made or adapted for use primarily as a weapon, is presumptive evidence of intent to use the same unlawfully against another. S 265.20 Exemptions. a. Sections 265.01, 265.02, 265.03, 265.04, 265.05, 265.10, 265.11, 265.12, 265.13, 265.15 and 270.05 shall not apply to: 1. Possession of any of the weapons, instruments, appliances or substances specified in sections 265.01, 265.02, 265.03, 265.04, 265.05 and 270.05 by the following: (a) Persons in the military service of the state of New York when duly authorized by regulations issued by the adjutant general to possess the same. (b) Police officers as defined in subdivision thirty-four of section 1.20 of the criminal procedure law. (c) Peace officers as defined by section 2.10 of the criminal procedure law. (d) Persons in the military or other service of the United States, in pursuit of official duty or when duly authorized by federal law, regulation or order to possess the same. (e) Persons employed in fulfilling defense contracts with the government of the United States or agencies thereof when possession of the same is necessary for manufacture, transport, installation and testing under the requirements of such contract. (f) A person voluntarily surrendering such weapon, instrument, appliance or substance, provided that such surrender shall be made to the superintendent of the division of state police or a member thereof designated by such superintendent, or to the sheriff of the county in which such person resides, or in the county of Nassau or in the towns of Babylon, Brookhaven, Huntington, Islip and Smithtown in the county of Suffolk to the commissioner of police or a member of the police department thereof designated by such commissioner, or if such person resides in a city, town other than one named in this subparagraph, or village to the police commissioner or head of the police force or department thereof or to a member of the force or department designated by such commissioner or head; and provided, further, that the same shall be surrendered by such person in accordance with such terms and conditions as may be established by such superintendent, sheriff, police force or department. Nothing in this paragraph shall be construed as granting immunity from prosecution for any crime or offense except that of unlawful possession of such weapons, instruments, appliances or substances surrendered as herein provided. A person who possesses any such weapon, instrument, appliance or substance as an executor or administrator or any other lawful possessor of such property of a decedent may continue to possess such property for a period not over fifteen days. If such property is not lawfully disposed of within such period the possessor shall deliver it to an appropriate official described in this paragraph or such property may be delivered to the superintendent of state police. Such officer shall hold it and shall thereafter deliver it on the written request of such executor, administrator or other lawful possessor of such property to a named person, provided such named person is licensed to or is otherwise lawfully permitted to possess the same. If no request to deliver the property is received by such official within two years of the delivery of such property, such official shall dispose of it in accordance with the provisions of section 400.05 of this chapter. 2. Possession of a machine-gun, large capacity ammunition feeding device, firearm, switchblade knife, gravity knife, pilum ballistic knife, billy or blackjack by a warden, superintendent, headkeeper or deputy of a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or detained as witnesses in criminal cases, in pursuit of official duty or when duly authorized by regulation or order to possess the same... 6. Possession of a switchblade or gravity knife for use while hunting, trapping or fishing by a person carrying a valid license issued to him pursuant to section 11-0713 of the environmental conservation law... 8. The manufacturer of machine-guns, assault weapons, large capacity ammunition feeding devices, disguised guns, pilum ballistic knives, switchblade or gravity knives, billies or blackjacks as merchandise and the disposal and shipment thereof direct to a regularly constituted or appointed state or municipal police department, sheriff, policeman or other peace officer, or to a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or held as witnesses in criminal cases, or to the military service of this state or of the United States... * � 399-qq. Sale or promotional distribution of utility knives, box cutters, or box cart cutters. 1. No person, firm, or corporation shall sell or offer to sell or give away as either a retail or wholesale promotion a utility knife, box cutter, or box cart cutter to any person under eighteen years of age. 2. For purposes of this section, the term "utility knife", "box cutter", or "box cart cutter" means a knife consisting of a razor blade, retractable or non-retractable, attached to or contained within a plastic or metal housing. 3. The provisions of this section shall not preclude the temporary transfer of a utility knife, box cutter, or box cart cutter to a person under eighteen years of age by such person's employer where such device is possessed only on the employer's premises and only during the course and scope of such person's employment. 4. No provision of this section shall be deemed to restrict the authority of any county, city, town or village to enact and enforce additional local laws, ordinances or codes, or portions thereof, provided the provisions thereof are not inconsistent with the provisions of this section. 5. Any person, firm, or corporation who violates the provisions of this section shall be subject to a civil penalty of not more than five hundred dollars. * � 216-c. Special provisions for cutlery and knife museums that exhibit automatic knives. 1. For the purposes of this section: a. "automatic knife" has the meaning defined therefor in subdivision five-c of section 265.00 of the penal law. b. "cutlery and knife museum" means either: (i) a cutlery and knife museum or institution that is located in Orange, Sullivan, or Ulster county which is devoted to the public exhibition, display, or demonstration of cutlery and knives, including an automatic knife collection, and is incorporated for the promotion of art, education, history, and science, or for preserving the cultural significance of the manufacture of knives and cutlery in the Hudson valley and throughout the United States, or (ii) any other museum or institution, which is not located in a city having a population of one million or more, that is incorporated for the promotion of art, education, history, and science and which offers for public display or exhibition an automatic knife collection. 2. A cutlery and knife museum that wishes to exhibit, show, or display, in whole or in part, an automatic knife collection may be chartered, established, or otherwise permitted to operate and conduct its business pursuant to the provisions of this section and section two hundred sixteen of this part. Any such museum shall also be subject to the other sections of this part applicable to museums or institutions; provided that this section shall supersede any inconsistent provision of any other section of this part applicable to museums or institutions, except section two hundred sixteen of this part. 3. All applicants for a cutlery and knife museum subject to the provisions of this section, who plan to exhibit, show, or display automatic knives, shall be fingerprinted. Any other person thereafter seeking to become a director, officer, employee, or agent of such museum shall be fingerprinted. Such fingerprints shall be submitted to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of this chapter, and may be submitted to the federal bureau of investigation for a national criminal history record check. 4. Every museum that contains, displays, exhibits or demonstrates cutlery, knives and/or automatic knives that are unlawful to possess in this state shall implement and submit for approval a security plan for securing such cutlery, knives and automatic knives to the division of state police or police department or sheriff's office having jurisdiction over the museum. The security plan will detail specific measures that would be used to prevent the unlawful use of such items. The division of state police or police department or sheriff's office having jurisdiction over the museum shall review the plan and certify whether it meets statutory requirements. Such plan must satisfy at least the following requirements: a. The building in which all cutlery, knife and automatic knife collections are housed shall be secured against unauthorized entry, using heavy duty locks and doors that are resistant to damage, and windows shall be resistant to breakage. b. The display and exhibition cases shall be securely locked at all times except when removing a single cutlery, knife or automatic knife item to be placed in storage or on display; and c. When not displayed, all cutlery, knives and automatic knives shall be secured in a locked fireproof safe or vault on the premises or in a similar secured and locked area. 5. All cutlery and knife museums subject to the provisions of this section that wish to ship or loan cutlery, knives or automatic knives to other licensed museums shall notify in writing and obtain approval from the division of state police. Additionally, any museum that does not contain, display, exhibit or demonstrate cutlery, knives or automatic knives that are unlawful to possess prior to the effective date of this section shall implement and submit for approval a security plan pursuant to subdivision four of this section prior to obtaining such items. 6. No cutlery and knife museum, subject to the provisions of this section, may introduce automatic knives into its premises until the division of state police or police department or sheriff's office having jurisdiction over the museum has inspected the equipment and building features specified in subdivisions four and five of this section and certified in writing that all of them are in compliance with their statutory requirements. 7. All cutlery and knife museums, subject to the provisions of this section, shall be allowed to possess, own, collect, accept, and purchase automatic knives to further their activities to promote art, education, history, and science, and for the preservation of the cultural significance of the manufacture of cutlery and knives in New York state. * New York Case Law: - Knife... was not a "gravity knife"... even though blade of knife could be released from its sheath by flick of the wrist; in order to lock blade of knife in open position, two additional steps were required... (1989). - Butterfly or "Balisong" knife, a folding knife with a split handle, did not have blade released by force of gravity or application of centrifugal force, and did not constitute a "gravity knife"... (1987). - "A bayonet was within class of weapons designated as 'any other dangerous or deadly instrument or weapon'.... (1937) - "Under rule of ejusdem generis [of the same kind]... an ice pick was a 'dangerous weapon'... (1948) - "Evidence that defendant wielded butcher knife in presence of others was sufficient to support charge..." (1987) - "...possession of knife 15 to 18 inches long was legally sufficient to establish prima facie case of carrying dangerous weapon as felony..." (1963) - "Accused's possession of knife in case attached to his belt, with long handle protruding and case sheathing blade concealed inside accused's trousers, did not constitute violation... absent evidence of design on accused's part to use the knife unlawfully." (1974) - "That parolee was found in possession of straight razor could not, without more, establish his possession of dangerous instrument or deadly weapon..." (1981) - "The possession of a razor by a barber for use in his trade, even if it was on his person, was not within... this section." (1914) - "Paint brush found in possession of a housepainter while on his way home from work was not the kind of instrument covered by... this section, prohibiting the carrying of a dangerous weapon." (1962) NEW YORK CITY LAWS: Courtesy: Alex Boriqua 11/23/1999 http://home.att.net/~a.boriqua/Recieved_letter.htm Received from: Office of the Queens District Attorney of Queens County Queens criminal Courts Building 125-01 Queens Blvd. Kew Gardens NY 11415 Cover letter: As per your request the law strictly prohibits a person from carrying any type of knife with a blade of 4" or over (Four) in length. Enclosed is a copy (highlighted) of the statute. Signed: Mary A. Moris A.D.A Chap. 1 Public Safety 10-133 Historical Note: Formerly 436-5.1 10-133 Possession of knives or instruments. A. Legislative findings. It is hereby declared and found that possession in public places, streets and parks of the city, of large knives is a menace to the public health, peace, safety and welfare of the people of the city; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings and assaults of and upon the people of the city; that this condition encourages and fosters the commission of crimes and contributes to juvenile delinquency, youth crime and gangsterism; that unless the possession or carrying in public places, streets and parks of the city of such knives without a lawful purpose is prohibited, there is danger of an increase in crimes of violence and other conditions detrimental to public peace, safety and welfare. It is further declared and found that the wearing or carrying of knives in open view in public places while such knives are not being used for a lawful purpose is unnecessary and threatening to the public and should be prohibited. B. It shall be unlawful for any person to carry on his or her person or have in such person's possession, in any public place, street or park any knife which has a blade length of four inches or more. C. It shall be unlawful for any person in a public place, street or park to wear outside of his or her clothing or carry in open view any knife with an exposed or unexposed blade unless such person is actually using suck knife for a lawful purpose as set forth in subdivision d of this section. D. The provisions of subdivisions b and c of this sections shall not apply to (1) persons in the military service on the state of New York when duly authorized to carry or display knives pursuant to regulations issued by the chief of stall to the governor; (2) police officers and peace officers as defined in the criminal procedure law; (3) participants in special events when authorized by the police commissioner (4) persons on the military or other service of the United States, in pursuit of official duty authorized by federal law; or (5) any person displaying or in possession of a knife otherwise in violation of this section when such a knife (a) is being used for or transported immediately to or from a place where it is used for hunting, fishing, camping, hiking, picnicking or any employment, trade or occupation customarily requiring the use of such knife; or (b) is displayed or carried by a member of a theatrical group, drill team, military or para military unit or veterans organization, to from or during a meeting, parade or other performance or practice for such event, which customarily requires the carrying of suck knife or (c) is being transported directly to or from a place of purchase in such a manner as not to allow easy access to such knife while it is transported; or (d) is displayed or carried by a duly enrolled member of the Boy or Girl scouts of America or similar organization or society and such display or possession is necessary to participate in the activities of such organization or society. E. Violation of this section shall be an offense punishable by a fine of not more than three hundred dollars or by imprisonment not exceeding fifteen days or by both such fine and imprisonment. Case notes: This section promotes a legitimate governmental objective and is not unconstitutionally vague or an improper exercise of the city's police power.------ People v Ortiz 125 Misc. 2d 318 [1984] 10-134 Prohibition on sale of certain knives A. Legislative findings. It is hereby declared and found that the possession on public places, streets and parks of the city of folding knives which lock upon opening, is a menace to the public health, peace, safety and welfare of the people of the city; that the possession in public places, streets and parks of such knives has resulted in the commission of many homicides, robberies, maimings and assaults of and upon the people of the city, that this condition encourages and fosters the commission of crimes, and contributes to juvenile delinquency, youth crime and gangsterism; that is this situation is not addressed, then there is a danger of an increase in crimes of violence and other conditions detrimental to public peace, safety and welfare. It has been found that folding knives with a blade of four (4) inches or more that locks in an open position are designed and used almost exclusively for the purpose of stabbing or threat thereof. Therefore for the safety of the city, such weapons should be prohibited from sale within the jurisdiction of the city of New York. B. It shall be unlawful for any person to sell, offer for sale within the jurisdiction of the city of New York any folding knife with a blade length of four or more inches which is so constructed that when it is opened it is locked in an open position and cannot be closed without depressing or moving a release mechanism. C. Exempt from this section are imported and exporters or merchants who ship or receive locking folding knives, with a blade length of four or more inches, in bulk, which knives are scheduled to travel or have traveled in the course of international, interstate, or intrastate commerce to a point outside the city. Such bulk shipments shall remain in their original shipping package, unopened, except for inspection and possible subdivision for further movement in interstate or intrastate commerce to a point outside the city. D. Violation of this section shall be an offense punishable by a fine of not more than seven hundred fifty dollars ($750) or by imprisonment not exceeding sixteen days (16) or both such fine and imprisonment. Any person violating this section shall be subject to a civil penalty not to exceed one thousand dollar for each violation.
Slurpee? Under 12 OZ in Okay...12 OZ + high capacity Slurpee with backround check okay with permit Maybe a felony in NY..