Is Defender Ring Legal in New York?

Is Defender Ring Legal in New York?

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The information provided in this article and on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information. Visitors of this website should contact their attorney to obtain advice with respect to any particular legal matter. 

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New York State Knife Laws

New York state has vague, complex, and confusing laws regarding knives.  Every person and situation is different.  The legality of a weapon depends on the intent, context, and interpretation of the law. Please refer to Article 265 "Firearms and Other Dangerous Weapons" located here for the official, legal New York State Weapon laws: New York State Article 265

In this article, we have analyzed the exact New York State Senate Penal Code weapon laws, which are copied directly from the New York State Senate government website.  Below, the exact penal code is copied and highlighted in orange, and our analysis is highlighted in blue.

Section 265.01 - Criminal Possession of a Weapon in the Fourth Degree

This is the first applicable section of Article 265 that applies to Defender Ring.  This section defines what is considered illegal to carry in New York State.

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, 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";

Defender Ring does not fit into any of the definitions above.

  (2) He or she possesses any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or

Defender Ring was designed primarily as an ordinary jewelry ring.  The term "dangerous knife" above is vague and can comprise many objects based on interpretation. 

However, only if someone possesses Defender Ring with the "intent to use the same unlawfully against another" is it illegal. 

Therefore if you are a woman who wears Defender Ring regularly as a piece of jewelry, and you would only use it against an attacker in a self-defense situation, you are not using it unlawfully and therefore Defender Ring is legal to possess.

  (3); or

  (4) He possesses a rifle, shotgun, antique firearm, black powder rifle, black powder shotgun, or any muzzle-loading firearm, and has been convicted of a felony or serious offense; or

Defender Ring does not fit into any of the definitions above.

  (5) He possesses any dangerous or deadly weapon and is not a citizen of the United States; or

Anyone who wears Defender Ring in New York State must be a U.S. citizen.

  (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 jurisdiction.

This does not apply to Defender Ring.

  (7) He knowingly possesses a bullet containing an explosive substance designed to detonate upon impact.

This does not apply to Defender Ring.

  (8) He possesses any armor piercing ammunition with intent to use the same unlawfully against another.

This does not apply to Defender Ring.

  Criminal possession of a weapon in the fourth degree is a class A misdemeanor.

Section 265.01 details what is legal for a person to possess.  The majority of the language and clauses do not apply to Defender Ring.  The only segment that applies is the term "dangerous knife" which can be interpreted in many different ways.  However, as we read on, a dangerous knife is only illegal to carry in New York State if you intend to use it unlawfully against someone else.  Self-defense is legal and is defined as your right to protect yourself or members of your family from bodily harm or death, or imminent bodily harm or death, through the use of reasonable force.

Section 265.15 - Presumptions of Possession, Unlawful Intent and Defacement

This is the second applicable section of Article 265 that applies to Defender Ring.  It describes presumptions of possession which means that if you have an object on you, possession of that object is enough to conclude your intentions.

  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.

Therefore, any person who possesses a dangerous knife that is designed, made or adapted for use primarily as a weapon, is presumed to have the intent to use it unlawfully.

Defender Ring was not designed, made, or adapted for use primarily as a weapon.  Defender Ring was designed primarily as a beautiful jewelry ring.

The most pertinent example is if a woman wears Defender Ring whenever she goes out with friends to a bar or jogs in the park. 

Let's say she goes out to a bar once a week and jogs twice a week.  She has worn the ring three times, and every time was as an ordinary jewelry ring.  She hasn't used the ring in self-defense, nor has she used it offensively, and therefore she has conclusively worn the ring 100% of the time as a jewelry accessory.

Therefore, the product is intended for use primarily as an ornamental jewelry ring.

Concealed vs. Unconcealed Weapons Carry

New York does not have concealed carry laws.  Therefore the New York State laws regarding weapons applies equally to concealed or unconcealed weapons.

So is Defender Ring Legal in New York?

If you read through the New York State laws governing weapons, you will conclude that the laws are vague, complex, confusing, and depend on intent, context, and interpretation.

Defender Ring was created and is intended to be worn primarily as an ornamental piece of jewelry.  Our team's number one goal was to create a beautiful, minimal piece of jewelry.  If we wanted to create a deadly, offensive, powerful weapon, we would have designed the ring to be much larger with a longer blade.

Additionally, if you wear Defender Ring for its intended purpose as a piece of jewelry, and only use it if you are attacked and fear great bodily injury or possibly death, then you are using it for the lawful purpose of self-defense.

However, prospective customers should contact their attorney for individual advice regarding purchasing and wearing Defender Ring.  The information provided in this article and on this website does not, and is not intended to, constitute legal advice; instead, all information, content, and materials available on this site are for general informational purposes only.  Information on this website may not constitute the most up-to-date legal or other information.


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