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Ray, Lawyer
Category: Legal
Satisfied Customers: 36331
Experience:  30 years in civil, probate, real estate, elder law
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I live in New York. Brooklyn. Have a question about medieval

Customer Question

Hi. I live in New York. Brooklyn. Have a question about medieval reenactment. If I join medieval reenactment group located outside of NYC. Let say Boston. Specific question. If I go for medieval reenactment from Brooklyn, NY to Boston. Driving through NYC and NY State. Have a blunt sword in my car trunk area in locked bag. If police stops me and decided to search car just in case. In trunk it will be shield, armor, helmet and so on all for reenactment event. It is legal or illegal to have sword in the trunk if you go for reenactment event. Thanks
Submitted: 3 months ago.
Category: Legal
Expert:  Ray replied 3 months ago.

Hi and welcome to JA. Ray here to help you today.

This is considered a dangerous weapon under NY law.You decide whether you want to take the risk.It is unlikely they charge you but it is possible they could do so.You decide whether to assume the risk.

§ 265.01 Criminal possession of a weapon in the fourth degree.
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, pilum ballistic knife, metal
knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles,
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
(3) He or she knowingly has in his or her possession a rifle, shotgun
or firearm in or upon a building or grounds, used for educational
purposes, of any school, college or university, except the forestry
lands, wherever located, owned and maintained by the State University of
New York college of environmental science and forestry, or upon a school
bus as defined in section one hundred forty-two of the vehicle and
traffic law, without the written authorization of such educational
institution; or
(4) He possesses a rifle or shotgun and has been convicted of a felony
or serious offense; or
(5) He possesses any dangerous or deadly weapon and is not a citizen
of the United States; or
(6) He is a person who has been certified not suitable to possess a
rifle or shotgun, as defined in subdivision sixteen of section 265.00,
and refuses to yield possession of such rifle or shotgun upon the demand
of a police officer. Whenever a person is certified not suitable to
possess a rifle or shotgun, a member of the police department to which
such certification is made, or of the state police, shall forthwith
seize any rifle or shotgun possessed by such person. A rifle or shotgun
seized as herein provided shall not be destroyed, but shall be delivered
to the headquarters of such police department, or state police, and
there retained until the aforesaid certificate has been rescinded by the
director or physician in charge, or other disposition of such rifle or
shotgun has been ordered or authorized by a court of competent
(7) He knowingly possesses a bullet containing an explosive substance
designed to detonate upon impact.
(8) He possesses any armor piercing ammunition with intent to use the
same unlawfully against another.
Criminal possession of a weapon in the fourth degree is a class A

I appreciate the chance to help you today.Thanks again.

Expert:  Ray replied 3 months ago.

Again if you have this with other utensils in say a collectors case unlikely you would be charged but it is considered a dangerous weapon.

Customer: replied 3 months ago.
This is blunt sword. No edge to cut. How people reenact in full medieval combat fights in Rochester, Boston, PA, NJ and so on. They all travel and transport swords and armor. If people can reenact in medieval festivals and reenact in combats. How is it illegal to transport sword in trunk to an event?
Customer: replied 3 months ago.
It is not like you carry sword on the belt while walking down the street. It is an event when hundreds of thousand people from all over USA come together for this event. Hundreds of thousands.
Customer: replied 3 months ago.
All have swords. All dress in medieval armor and dresses. They fight following specific rules. After that they eat together and have fun. How is it illegal?
Customer: replied 3 months ago.
Please check this video from youtube. These guys have viking reenactment events in Boston. How is it illegal to go there and be one of them and look like one of them?
Customer: replied 3 months ago.
When you go to Medieval Times dinner show and buy there a sword and put it in your car in trunk to drive home. Also illegal? If it is illegal, why then it is legal to buy it?
Customer: replied 3 months ago.
Why then it is legal to sell. You buy a sword and go outside to put in on trunk. Police oficer see it and arrest you for this. Oh oficer, I just bought it at Medieval Times dinner show. Hey it is illegal, I am taking you to jail for this. Then why they selling it? Why it is legal to sell it??? Guns you need license to buy. Agree. Swords? Nobody asks for it. And they sell it to you. It is legal. But once it is in your arms it is illegal. Ho is it right?
Expert:  Ray replied 3 months ago.

It is legal to sell it in NY, once they carry it in possession not legal.If you got it out of state once you transport it.Honestly they would likely not charge you even though this is the law.Lot of discretion here, you have other equipment and a peaceful purpose.

Customer: replied 3 months ago.
If i go to event I would have in trunk besides sword. Helmet. Shield. Tunics. Chainmail. Gloves. Shoes. And so on. They can arrest me for going to approved event in another state while I have all this equipment in my trunk????
Expert:  Ray replied 3 months ago.

Depends on the state here, most are not that strict.NY really is strict on guns/weapons.But honestly a day trip cannot see a problem, 3:00am maybe.Timing is important and if you have a specific reenactment.

Customer: replied 3 months ago.
Hi again. And also, if I live in NYC, can I even collect swords and hang them home on the wall??? Thanks
Expert:  Ray replied 3 months ago.

Yes you can the potential for problems is when you transport them or otherwise have them on your possession out in the public arena.It doesn't mean you cannot own them and hang them on the wall.

Customer: replied 3 months ago.
Ok. Is it even legal to collect swords and hang them on the wall at home? Thanks
Expert:  Ray replied 3 months ago.

Yes it is legal here to hang them on the wall and have them in your home.It is the transporting here in a car where there is a chance they could charge you with having a weapon.But in your home is fine here.

Customer: replied 3 months ago.
Still do not understand. If there are hundreds and hundreds of medieval reenactment groups in USA. They fight with blunt steel swords. They all go to event where hundreds of thousands people come together form all over USA and they all have swords. Why I can not be one of them and put a sword in my trunk to drive to event? What exactly you do at event without a sword? What are you going to tell them? Like NYC law says no swords??? How is it right?
Customer: replied 3 months ago.
Sword is blunt. It is not made to cut anything even if you will try it will not cut. The edge is all rounded and it is 2 millimeters.
Expert:  Ray replied 3 months ago.

I agree the NY laws need to be changed or clarified here.I think the chances of you being charged are real low but I wanted you to know the law here for your personal knowledge.

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