Switchblade and Other Knife Possession at LaGuardia Airport

As criminal lawyers who represent clients arrested at LaGuardia Airport for a litany of crimes including Fourth Degree Criminal Possession of a Weapon, Penal Law 265.01, where switchblades, ballistic knives, cane swords,metal knuckle knives, and other blades are inadvertently left in carry-one bags or possessed without knowledge of the law, we know that LaGuardiaisa hub of movement, security, and scrutiny. Every day, thousands of passengers pass through TSA checkpoints without incident, yet for some, an overlooked item can lead to a criminal charge and arrest that leads to being issued a Desk Appearance Ticket. When that item is a knife, the stakes are immediately higher. Unlike other personal objects, knives are not just airport security violations; they can be treated as criminal weapons under New York Penal Law Article 265. A single misstep, like leaving a blade in a carry-on or traveling with a decorative knife, can trigger arrest, fingerprinting, and prosecution in Queens Criminal Court.

At Saland Law, led by former Manhattan prosecutor Jeremy Saland, we understand the intersection of New York’s strict weapon laws and the realities of modern air travel at both LaGuardia and JFK airports. Our clients often include travelers who had no intent to violate the law, including business professionals, tourists, and collectors caught by surprise when a prohibited knife is found during screening. The process can be intimidating, and a misunderstanding can quickly snowball into a criminal record if handled without experienced legal guidance.

Knives That Trigger Automatic Charges

Switchblades

Switchblades, knives that open automatically by button or spring, are among the most common causes of LaGuardia arrests. Even if purchased legally online or in another state, they are outlawed under Penal Law 265.01(1). Knowing possession, even without intent to use, can lead to a misdemeanor charge. The mechanism of opening determines the legal status, not blade length or intended purpose.

Metal Knuckle Knives

A metal knuckle knife combines two prohibited designs, brass knuckles and a knife. Possession is a strict liability offense in New York, and these are treated as inherently dangerous. Many people arrested at LaGuardia with these items have no idea they qualify as weapons until it is too late.

Ballistic Knives

Ballistic knives, those capable of projecting a blade with spring or gas power, are completely banned. Even a knife alleged to be ballistic but incapable of firing can result in arrest. Establishing whether the mechanism functions as described is often central to the defense.

Cane Swords

Decorative canes that hide a blade inside the shaft fall into another per se prohibited category. These are often purchased as novelty gifts or antique items, yet they are illegal to possess anywhere in New York, checked or not. TSA agents regularly seize cane swords at LaGuardia, and travelers are typically surprised when they are charged.

Throwing Stars

Throwing stars, or shuriken, are small, multi-pointed metal weapons banned under the same statute. Their possession, even as souvenirs, constitutes a violation of Penal Law 265.01. At LaGuardia, TSA does not differentiate between a novelty and a functional star.

Knife Arrests at LaGuardia: What Happens and Why

When the TSA detects a knife, they detain the bag and alert the Port Authority Police. The officer inspects the item and determines whether it falls under a prohibited category. In many cases, the traveler is escorted, handcuffed or not, to the PAPD office within the terminal. Some are arrested and transported to Central Booking, while others receive a Desk Appearance Ticket (DAT) with instructions to appear in Queens Criminal Court in Kew Gardens weeks later. The distinction usually depends on the law as well as the officer’s discretion, the traveler’s background, and other relevant issues

Most LaGuardia knife arrests stem from accidents. A frequent traveler forgets a small blade in a bag pocket. A collector checks an antique cane sword. A tourist buys a throwing star in Times Square and forgets about it on the return trip. In some cases, the knife is even used for work purposes. Regardless of intent, police officers and prosecutors apply the same laws. New York’s approach focuses on knowing possession, not motive, which is why these cases often feel disproportionate for visitors who simply made a mistake.

How the Law Defines and Proves Knife Possession

For most prohibited knives, prosecutors only need to establish knowing possession of the item and that it meets the statutory definition. They do not have to prove intent to harm or misuse. This is what makes these cases challenging. However, the definition itself can be contested. A skilled defense can challenge whether the alleged weapon fits the precise mechanical criteria laid out in Penal Law 265.01. For example, a knife that opens with pressure on the blade rather than a button may not qualify as a switchblade.

In cases involving ballistic knives or cane swords, the operability of the mechanism can become a crucial question. Police laboratories are required to test and document functionality. If an alleged ballistic knife cannot project a blade, or a cane sword is permanently sealed, that evidence can undercut the charge. Saland Law routinely reviews lab reports, photographs, and checkpoint video to test the state’s claims.

Statements also play a central role. Many travelers try to explain themselves, believing honesty will help. Unfortunately, those same explanations often appear in the criminal complaint. If you were questioned without Miranda warnings or if the conversation was custodial, your attorney may be able to suppress your statements before trial.

Court Process and Defense Strategies in Queens

All LaGuardia arrests are prosecuted in Queens County. If you were given a Desk Appearance Ticket, you will return to Queens Criminal Court in Kew Gardens. The first appearance, or arraignment, involves entering a plea of not guilty. If Saland Law can appear on your behalf and in your absence, we will do so to save you both time and money. More importantly, if we can resolve your case without a criminal record and potential dismissal, we will try to do so then or before your appearance. If not, the case can proceed through discovery and negotiations. Many first-time offenders are considered for dispositions that avoid criminal convictions, such as Adjournments in Contemplation of Dismissal (ACDs) or non-criminal pleas to Disorderly Conduct. The advocacy of your counsel will have a great influence on the outcome.

Each defense begins with classification. Your lawyer will examine the statute used to charge you and compare it to the knife or other blade’s design. Next comes possession, whether the item was in your control or accessible. If multiple people shared the luggage or the knife was stored in a checked bag, proving constructive possession becomes harder for prosecutors. Finally, mitigation plays a role. A history of law-abiding conduct, cooperation with authorities, a history of employment, community work, education, volunteerism, honors and awards and other factors can all influence outcomes.

For many travelers, the arrest itself is only part of the concern. Immigration consequences, professional licensing issues, and background checks can all be affected by a conviction. Even a misdemeanor can jeopardize careers in law enforcement, aviation, or federal contracting. Early action by a defense attorney can help structure outcomes that seal records or result in dismissals after a period of good behavior.

Building an Effective Defense with Saland Law

Jeremy Saland and his team take a methodical approach: gather discovery when provided, test the state’s evidence as necessary, and absolutely humanize you, the client, as more than a mere defendant. We work to demonstrate that your actions were inadvertent, that you complied with TSA procedures, and that the knife in question was either misclassified or harmless in design. We communicate directly with prosecutors, often presenting detailed background materials, employment records, and travel history to support alternative resolutions.

Checkpoint footage, TSA reports, Port Authority police records, and lab results all form part of the evidentiary foundation if and when we get to that point. We pursue every angle to uncover procedural or factual weaknesses. If video shows that you were calm, cooperative, and unaware of the knife’s presence, that context can be powerful. Similarly, if the knife was sealed, dull, or decorative, photographs and expert opinions can change how prosecutors view the case.

Queens Criminal Court is one of the busiest in the country, and local knowledge matters. A lawyer familiar with the court’s procedures, prosecutors, and policies can navigate efficiently and argue persuasively. Saland Law’s experience with airport-related cases, both from the defense side and from Jeremy Saland’s years as a Manhattan Assistant District Attorney, means we understand how to communicate effectively with law enforcement and the court to achieve results.

Protecting Your Record and Taking Immediate Action with Saland Law

A knife possession arrest at LaGuardia can be alarming, humiliating, and disruptive, especially for travelers who never imagined that an innocent mistake could become a criminal matter. The experience of being stopped by TSA, questioned by police, and issued a criminal summons or taken to central booking can leave anyone feeling anxious about what happens next. Yet most of these cases are manageable with the right defense. Saland Law has represented countless travelers, professionals, and visitors who faced similar circumstances, and in many instances, we have resolved matters quietly and favorably, without any permanent record or public exposure. The key is to act quickly and retain counsel who understands how airport cases move through the Queens court system and how to engage with prosecutors before early decisions harden into formal charges.

At Saland Law, we treat every client with discretion and respect. We recognize that an arrest at an airport can affect far more than travel plans. It can impact careers, professional licenses, immigration status, and future background checks. Our approach begins with immediate communication and intervention. Once retained, we contact the district attorney’s office to provide context, obtain paperwork, and ensure your case is viewed for what it is; a misunderstanding, not a criminal enterprise. We gather documentation, travel records, and evidence to show that you acted responsibly and cooperated fully with authorities. By presenting your story early and clearly, we work to prevent escalation and to steer the matter toward dismissal, reduction, or a non-criminal outcome.

Whether you were stopped with a switchblade, a cane sword, a throwing star, or another prohibited knife, your best protection is swift, informed legal action. Saland Law brings the insight of a former Manhattan prosecutor who knows exactly how these cases are reviewed and negotiated. We take every detail seriously, from the checkpoint footage to the lab reports that classify the weapon. Our goal is simple: to protect your record, your livelihood, and your reputation. Do not wait for your first court date to take control. Contact Saland Law today to speak directly with an attorney who understands LaGuardia weapon arrests and who will fight to resolve your case efficiently and discreetly.