In New York, it is illegal to possess a blackjack weapon. A blackjack is defined as “a billy, cudgel, or bludgeon of any material whatsoever” by the New York Penal Code. Section 265.
01 of the New York Penal Code states that “a person is guilty of criminal possession of a weapon in the fourth degree when: (1) He or she possesses any firearm, electronic dart gun, electronic stun gun, gravity knife, switchblade knife, brass knuckles, slingshot, billy, blackjack, bludgeon or metal knuckle knives; or (2) He or she possesses any dagger, dangerous knife, dirk, razor or stiletto; or (3) He or she possesses any choke stick, nightstick, mace or similar weapon designed or intended primarily for use against a person.” Blackjack weapons are also commonly known as sap gloves, sap hats, and blackjacks.
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While the definition of a blackjack weapon may seem straightforward enough, there is some confusion about what exactly qualifies as a blackjack under New York law. For example, some people believe that brass knuckles are not considered blackjacks because they are not made of metal.
However, the New York Court of Appeals has held that brass knuckles are indeed blackjacks under the law. In addition, canes and walking sticks have also been found to be blackjacks under New York law.
So what does this all mean for someone who is caught carrying a blackjack weapon in New York? Well, it depends on how the weapon is being carried. If the blackjack is concealed on the person’s body, then it is a crime punishable by up to four years in prison.
If the blackjack is not concealed and is being carried openly in plain view, then it is only a violation punishable by a fine of up to $250.
In conclusion, it is illegal to possess a blackjack weapon in New York. The definition of what qualifies as a blackjack weapon can be confusing, but generally speaking it includes items such as brass knuckles, canes and walking sticks.
Carrying a concealed blackjack weapon on your person can result in up to four years in prison, while carrying an unconcealed blackjack openly in plain view will only get you fined up to $250.
