Bill Text: NY A04816 | 2019-2020 | General Assembly | Introduced


Bill Title: Prohibits the manufacture, transport, shipment or possession of an undetectable knife.

Spectrum: Moderate Partisan Bill (Democrat 18-3)

Status: (Introduced) 2019-06-20 - substituted by s4202 [A04816 Detail]

Download: New_York-2019-A04816-Introduced.html


                STATE OF NEW YORK
        ________________________________________________________________________
                                          4816
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    February 5, 2019
                                       ___________
        Introduced  by  M.  of  A.  COLTON,  WEPRIN,  ZEBROWSKI, JAFFEE, LAVINE,
          M. G. MILLER, ARROYO, McDONOUGH, BLAKE, LAWRENCE,  ABINANTI,  DICKENS,
          D'URSO,  GOTTFRIED,  MONTESANO -- Multi-Sponsored by -- M. of A. COOK,
          RIVERA, SIMON -- read once and referred to the Committee on Codes
        AN ACT to amend the penal law, in relation to prohibiting  the  manufac-
          ture, transport or shipment of undetectable knives and prohibiting the
          possession of such knives
          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
     1    Section 1. Section 265.00 of the penal law is amended by adding a  new
     2  subdivision 5-d to read as follows:
     3    5-d.  "Undetectable  knife" means any knife or other instrument, which
     4  does not utilize materials that are detectable by a  metal  detector  or
     5  magnetometer  when  set  at  a  standard calibration, that is capable of
     6  ready use as a stabbing or cutting weapon and was commercially  manufac-
     7  tured to be used as a weapon.
     8    §  2.  Subdivision 2 of section 265.01 of the penal law, as amended by
     9  chapter 269 of the laws of 2016, is amended to read as follows:
    10    (2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
    11  razor,  stiletto,  imitation  pistol,  undetectable  knife  or any other
    12  dangerous or deadly instrument or weapon with intent  to  use  the  same
    13  unlawfully against another; or
    14    §  3.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
    15  amended by chapter 257 of the laws of  2008,  are  amended  to  read  as
    16  follows:
    17    1.  Any  person  who  manufactures  or  causes  to be manufactured any
    18  machine-gun, assault weapon, large capacity ammunition feeding device or
    19  disguised gun is guilty of a class D felony. Any person who manufactures
    20  or causes to be manufactured any switchblade knife, gravity knife, pilum
    21  ballistic  knife,  metal  knuckle  knife,  undetectable  knife,   billy,
    22  blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03754-01-9

        A. 4816                             2
     1  chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
     2  misdemeanor.
     3    2. Any person who transports or ships any machine-gun, firearm silenc-
     4  er,  assault  weapon  or  large  capacity  ammunition  feeding device or
     5  disguised gun, or who transports or ships as merchandise  five  or  more
     6  firearms,  is  guilty  of a class D felony. Any person who transports or
     7  ships as merchandise any firearm, other than an assault weapon,  switch-
     8  blade  knife,  gravity knife, pilum ballistic knife, undetectable knife,
     9  billy, blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu
    10  star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
    11  nor.
    12    § 4. This act shall take effect on the first of November next succeed-
    13  ing the date on which it shall have become a law.
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