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According to Penal Law 265.01(1), a soul is guilty of Criminal Possession of a Weapon in the 4th Degree when 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 â#8364;#339;Kung Fu star.

There are many factors that are critically important when analyzing whether or not you make a valid or legitimate defense to this crime. First and foremost, your criminal defense attorney should
determine whether or not the research and capture of your person was valid. Assuming it is, the second issue that needs to be addressed is whether or not the arm you are supposed to have
possessed actually falls inside the definition in the penal law relating to that specific case of weapon. The the third issue is whether or not you â#8364;#339;knowinglyâ#8364;
possessed that weapon. For this particular entry we will address the definition of certain weapons. The former legal matters will be addressed at a late date.

Dealing with the inaugural issue, whether the arm you possess is the same as that outlined in the penal law, we must go right to the applicable statute. Pursuant to Penal Law 265.00 and its
various subsections, the following definitions establish the crime of Criminal Possession of a Weapon:

4. â#8364;#339;Switchblade knifeâ#8364; means any knife which has a sword which opens automatically by hand pressure applied to a button, spring or other device in the care of the
knife.

5. â#8364;#339;Gravity knifeâ#8364; means any knife which has a sword which is released from the deal or sheath thereof by the effect of gravitation or the covering of centrifugal
force which, when released, is locked in position by way of a button, spring, lever or other device.

5-a. â#8364;#339;Pilum ballistic knifeâ#8364; means anyknife which has a sword which can be relieved from the handle by hand pressure applied to a button, lever, spring or
other device in the care of the knife.

5-b. â#8364;#339;Metal knuckle knifeâ#8364; means a weapon that, when closed, cannot officiate as a set of metal knuckles, nor as a tongue and when open, can work as both a set of
metal knuckles as good as a knife.

Having these definitions readily available is so important to your defense. If you are accused of having a gravity knife, but instead of the blade opening with the power of gravity you have to
pull it out, then it is likely not a gravity knife. If you are accused of possessing a switchblade, but it is a lock blade type knife then obviously it is not a replacement blade. Moreover, if
the knife does open with the power of solemnity and is in fact a gravity knife, but you are accused of possessing a switchblade knife, then although your possession may be a crime, because you
are charged with the wrong type of knife, a criminal defense attorneyâ#8364;#8482;s motion to dismiss will be successful unless there is a superseding complaint drafted by the prosecutor.

Although one would remember that all criminal defense attorneys make sure that the weapon their customer is accused of possessing operates in the style and fits the description of that particular
weapon in the statute, this simple measure is not always taken. While there may be a valid reason, confirmation of this fact is critical for the reasons described above. Equally significant, and
a matter that will be discussed in the second entry dealing with this issue, is whether or not you â#8364;#339;knowinglyâ#8364; possessed the weapon assuming it is in fact a weapon as
described in Penal Law 265.00.