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#301624 - 11/14/06 10:19 PM Sword ownership laws.
jcsenton Offline
Newbie

Registered: 03/08/05
Posts: 23
Loc: Jackson Heights NY, 11372
I'm planning on starting a hobby of japanese sword collecting, but I am concerned about whether or not swords are legal in New York City. I've been trying to research it but I can't find a straight answer so I'm hopping if anyone here knows if it's legal to own a real sword in the New York City area. Thanks.

P.S sorry if this is in the wrong thread, but i wasn't sure where else to post.

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#301625 - 11/15/06 10:30 AM Re: Sword ownership laws. [Re: jcsenton]
Charles Mahan Offline
Professional Poster

Registered: 06/14/04
Posts: 2502
Loc: Denton, Tx, USA
It shouldn't be an issue. There is a dojo in NYC. Contacting them would be a good way to set your mind at ease.

http://members.aol.com/kenzeninst/
_________________________
Iaido - Breaking down bad habits, and building new ones.

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#301626 - 11/15/06 03:32 PM Re: Sword ownership laws. [Re: jcsenton]
Benjamin1986 Offline
Enthusiast

Registered: 10/17/04
Posts: 611
Loc: Republic of Texas
Owning a sword on your own property (home and office included, but not shared apartment space without Landlord's prior approval) is protected by the second amendment in the states. Your landlord may have a problem, though. Ask them first.

Carrying a sword, however, is not nearly as open. Here's the New York Law, state law is up top and NYC law is below. Note: when they say "possession", they mean carrying in a public place.

Quote:

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.


Don't carry a sword for fun. Carry it directly to your class/show/whatever and directly back. Stopping for gas is considered traveling. Stopping for dinner is putting yourself at risk of overzealous cops.

Also, I'm not sure about the subway system. If they have a sign saying "no guns", they will have a problem with someone carrying a katana onboard.
_________________________
Fencing Club at UH

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#301627 - 11/15/06 07:33 PM Re: Sword ownership laws. [Re: Benjamin1986]
iaibear Offline
Veteran

Registered: 08/24/05
Posts: 1304
Loc: upstate New York
Quote:


Also, I'm not sure about the subway system. If they have a sign saying "no guns", they will have a problem with someone carrying a katana onboard.




Quite a few years ago my sensei and I were heading for a major Iaido seminar in Manhattan. Top floor gyms at a large downtown high school. Nakanishi Sensei 9th Dan, was guesting (forgive my spelling)
We were both stopped by a police officer in the subway leaving the bus depot. Our blades were in cases. A quick explanation where we were heading sufficed. That was WAY before 9/11.

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#301628 - 11/15/06 10:07 PM Re: Sword ownership laws. [Re: Benjamin1986]
jcsenton Offline
Newbie

Registered: 03/08/05
Posts: 23
Loc: Jackson Heights NY, 11372
I guess that answers my question. Thanks guys, I owe you one.

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#301629 - 10/22/07 08:29 PM Re: Sword ownership laws. [Re: jcsenton]
AjWoodard Offline
Stranger

Registered: 10/22/07
Posts: 1
Loc: Albany, New York
I was told by several people it would be illegal to transport a sword i just bought (THE GODSEND) from the store to my home, i dont think this is true because well if it was illegal to leave the store with it, how is it legal to buy it, and how do so many people own swords???? so i was just wondering if anyone knows if it is legal to transport my sword from the place of purchase to my home, i know its legal in NYC but im in albany!!!!

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#301630 - 11/03/07 02:05 PM Re: Sword ownership laws. [Re: AjWoodard]
Benjamin1986 Offline
Enthusiast

Registered: 10/17/04
Posts: 611
Loc: Republic of Texas
Passing a law which banned transport of weapons would be akin to banning weapons, which the Supreme Court has said repeatedly is unconstitutional. Go straight home and no one will stop you except the stupid or curious.
_________________________
Fencing Club at UH

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#301631 - 11/07/07 02:38 PM Re: Sword ownership laws. [Re: jcsenton]
Richard_Norris Offline
Member

Registered: 05/11/06
Posts: 43
The owning isn't legally an issue in the vast majority of (American) places. Behavior with it, though, is - often municipalities require 'weapons' to transported in a locked container (often, the trunk of your car would count) and permit law enforcement agents to arrest anyone 'brandishing' a weapon. Note that the definition of 'brandishing' is at the discretion of the arresting officer, and if you can convince them you're harmless, you won't get another chance until you're in front of a judge.

RN

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#301632 - 11/07/07 04:23 PM Re: Sword ownership laws. [Re: Richard_Norris]
iaibear Offline
Veteran

Registered: 08/24/05
Posts: 1304
Loc: upstate New York
<< if you can convince them you're harmless >>
Make that "can't" and I will agree with you completely.
:-)


Edited by iaibear (11/07/07 04:25 PM)

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