Switchblade and Knife Possession at JFK Airport

Travelers arriving or departing from John F. Kennedy International Airport face one of the strictest security environments in the country. If you have a knife, such as a switchblade or ballistic knife, that violates Penal Law 265.01, you should expect that you will be arrested and issued a Desk Appearance Ticket or DAT.  Though not lost on criminal lawyers who handle airport arrests, many passengers overlook the fact that New York’s weapon laws in Article 265 are among the harshest in the United States. Items that are perfectly legal to own or transport elsewhere, such as certain knives like switchblades, martial arts tools, or concealed novelty blades, can lead to criminal charges the moment they are discovered by TSA personnel at JFK. Even a misunderstanding about how a knife functions or where it was stored can trigger an arrest, prosecution, and the potential for a permanent criminal record.

Every year, numerous travelers are detained at JFK for carrying knives they did not realize were illegal under New York Penal Law. Ballistic knives, metal knuckle knives, cane swords, switchblades, and throwing stars are all prohibited outright. Unlike other states where intent to use a weapon unlawfully must be proven, New York’s statutes criminalize mere possession of these items. That means a knife buried at the bottom of a suitcase or forgotten in a backpack can result in a charge that carries up to one year in jail, even if the traveler had no plan to use it other than to cut twine and boxes at work or for camping, and no prior criminal history.

Saland Law, led by former Manhattan prosecutor Jeremy Saland, regularly represents travelers arrested or issued Desk Appearance Tickets for knife and blade possession at JFK Airport. Our firm understands how quickly a moment of confusion at a security checkpoint can escalate into a serious legal problem that can compromise careers, professional licensing and even legal status in the United States. We know the procedures used by TSA and the Port Authority Police, and we understand how to navigate the Queens County Criminal Court system to protect your rights, minimize damage, and fight for a dismissal.

The Law: What Makes a Knife Illegal at JFK

New York Penal Law Section 265.01 defines Criminal Possession of a Weapon in the Fourth Degree, a Class A misdemeanor that can apply to anyone who “knowingly possesses” a prohibited weapon. For many travelers, the key point is that intent to use the item unlawfully is not required. Merely possessing certain knives within New York is enough to support an arrest and prosecution.

Among the knives banned under state law are:

• Ballistic knives, which shoot or eject a blade by spring or gas pressure.
  
• Metal knuckle knives, which combine brass knuckles with a cutting edge.
  
• Cane swords, which conceal a blade inside a walking stick.
  
• Throwing stars, often called shuriken, designed to be thrown as weapons.
  
• Switchblades, which open automatically when a button or spring mechanism is engaged.

Each of these is treated as an inherently dangerous weapon, even if you thought it was just a gag or genuinely used it for work purposes. Possession of any of them is a Class A misdemeanor punishable by up to one year in jail, probation, fines, and a permanent criminal record. For people with prior convictions, prosecutors may file felony charges under Penal Law Section 265.02, Criminal Possession of a Weapon in the Third Degree.

At JFK, law enforcement is uncompromising. A knife that might be legal in Texas, Florida, Ohio, Arizona, or another state becomes a criminal offense the moment it passes through New York’s security checkpoint. Even items purchased as martial arts souvenirs or collector’s pieces can lead to an arrest.

How Knife Arrests Actually Happen at JFK

Every arrest at JFK begins with the screening process. TSA operates security checkpoints in multiple terminals, each equipped with X-ray scanners and advanced imaging machines. If a blade-shaped object appears during screening, TSA officers stop the conveyor belt, identify the passenger, and perform a bag inspection.

Once TSA finds an item that appears to violate New York’s weapon laws, the matter immediately transitions from a federal administrative issue to a criminal investigation. TSA agents call the Port Authority Police Department, who have full authority to make arrests at the airport. These officers secure the item, collect identification, and begin questioning. What happens in those few minutes can shape the entire case.

Most travelers are issued a Desk Appearance Ticket (DAT) in lieu of being tranposrted to Central Booking post-arrest. This document requires you to appear in Queens Criminal Court weeks later. Others are arrested on the spot, handcuffed, and taken to Central Booking. Whether the police choose one approach or the other depends on factors like the type of knife, the person’s cooperation, criminal history, and other factors.. Either way, the case becomes part of the Queens District Attorney’s docket.

When the Knife Is Found in Checked Luggage

Discovery does not always occur at the checkpoint. The TSA also scans checked luggage using explosive detection systems. If those systems flag an item that resembles a weapon, TSA may open the bag, photograph the item, and alert law enforcement. Officers can meet the traveler at the gate, baggage claim, or even after arrival. Travelers often believe checked luggage is exempt from criminal liability, but that assumption is incorrect. New York’s laws focus on possession, not location. A banned knife in a checked bag is still a crime.

Types of Knives That Trigger Arrests

Understanding how the law defines each category is essential because defense often turns on those distinctions.

Ballistic Knives:
These knives eject their blades outward by a spring, gas, or mechanical device. Even if the mechanism is decorative or disabled, police will often treat it as a ballistic knife until proven otherwise.

Metal Knuckle Knives:
These combine brass knuckles and a blade. Some novelty knives have finger holes or grips that resemble knuckles, and police sometimes misidentify these as illegal weapons. The defense may depend on proving the item lacks the integrated striking feature required by statute.

Cane Swords:
A concealed blade within a cane, walking stick, or staff is a banned weapon. Travelers who buy decorative canes abroad often don’t realize that the small blade inside turns it into a crime in New York.

Throwing Stars:
Star-shaped blades or spikes used in martial arts are completely banned. Even dull or ornamental versions are often treated as weapons.

Switchblades:
These open automatically with a button or spring in the handle. Many modern knives, however, open by thumb pressure on the blade rather than an internal spring. That difference can be decisive in court.

Defending Knife Possession Cases: Strategy and Execution

At Saland Law, defense may begin with analyzing the physical evidence if the criminality or legality is in question. We examine whether the recovered object meets the statutory definition of the alleged weapon. Photographs, mechanical inspection, and even video demonstrations can show that a knife is not what officers claim.

Even before then, a central question is whether you, the defendant, knowingly possessed the knife or other weapon. If multiple people packed a bag, if the traveler borrowed luggage, or if the knife was left inside a pocket from a prior trip, those facts may demonstrate lack of awareness. Evidence such as text messages, receipts, and witness statements can strengthen that defense.

The next step is to evaluate the legality of the search, if applicable. While TSA screenings are broad, once police officers conduct an evidentiary search, constitutional protections apply. If the search exceeded what was necessary for security purposes, or if law enforcement mishandled the evidence, we can seek suppression of the item or dismissal of the case.

Finally, and often the deciding factor in these cases, we focus on mitigation. Most airport knife arrests involve responsible people with clean records. We gather employment records, travel itineraries, and character references to demonstrate that the incident was accidental and you, the accused, deserve the benefit of the doubt so your career, family and future is not compromised in any wa. With proper advocacy, many clients receive outcomes such as:

• Adjournment in Contemplation of Dismissal (ACD), which leads to full dismissal after six months.
  
• Non-criminal violation pleas, such as Disorderly Conduct, Penal Law 240.20, which do not create a criminal record.
  
• Dismissal in the interest of justice when the facts and equities justify it.

Our goal in every case is to resolve it without a criminal conviction and to protect your record from lasting damage.

The Stakes: Consequences Beyond the Courtroom

A conviction for even a misdemeanor weapon charge can follow you long after you leave New York. Background checks can reveal the arrest to employers, professional licensing boards, and government agencies. Certain professions, especially those requiring security clearances or fiduciary responsibility, treat weapon charges as disqualifying.

For non-citizens, immigration consequences can be severe. A conviction under New York’s weapon statutes can affect admissibility, visa renewal, or naturalization. Even after dismissal, an arrest record can trigger secondary screening during international travel until it is formally sealed.

At Saland Law, we not only fight the criminal case but also help clients pursue record sealing when eligible under New York Criminal Procedure Law 160.59. This process ensures that background checks and online databases no longer display the arrest.

What You Should Do If Stopped by TSA or Police

If TSA or law enforcement detains you:

1. Stay calm. Do not argue or resist.
   
2. Identify yourself clearly. Provide ID and boarding documents.
   
3. Do not explain or justify the item. Anything said may be used against you.
   
4. Ask for an attorney. Politely state that you wish to consult a lawyer before answering questions.
   
5. Keep any paperwork. Property receipts, citations, or tickets will be crucial for your attorney.

After your release, contact a lawyer immediately. If you received a Desk Appearance Ticket, do not ignore it. Failing to appear can lead to a warrant. A prompt legal response often makes the difference between a dismissal and a conviction.

Speak With Saland Law Today

Jeremy Saland’s experience as a former Manhattan Assistant District Attorney gives our firm an insider’s understanding of how prosecutors view airport weapon cases. We know how these cases move through the system, how evidence is collected, and what persuades the Queens District Attorney’s Office to dismiss or reduce charges.

We approach each case with a combination of legal precision and practical advocacy. That means filing motions to challenge the evidence while also presenting strong mitigation materials that humanize our clients. We have successfully resolved numerous JFK cases involving knives, batons, and other prohibited weapons without criminal convictions.

For clients living outside New York, we manage appearances, filings, and negotiations so that you do not have to return unnecessarily. Our goal is to resolve your case quickly, discreetly, and permanently.

An arrest for knife possession at JFK is more than a travel inconvenience. It is a criminal matter with real consequences. Whether you were carrying a switchblade, a cane sword, a throwing star, or a folding knife that police misclassified, you have options.

Contact Saland Law to speak directly with a New York criminal defense attorney who understands both the law and the unique challenges of airport cases. We will examine your paperwork, evaluate the weapon, and create a plan to protect your record.