Bill Text: NY A07104 | 2011-2012 | General Assembly | Introduced
Bill Title: Relates to the sale or promotional distribution of machetes and includes the possession of a machete under the crime of criminal possession of a weapon in the fourth degree.
Spectrum: Moderate Partisan Bill (Republican 11-3)
Status: (Introduced - Dead) 2012-01-04 - referred to codes [A07104 Detail]
Download: New_York-2011-A07104-Introduced.html
S T A T E O F N E W Y O R K ________________________________________________________________________ 7104 2011-2012 Regular Sessions I N A S S E M B L Y April 12, 2011 ___________ Introduced by M. of A. J. MILLER, CALHOUN, FINCH, McDONOUGH, RAIA, WEIS- ENBERG -- Multi-Sponsored by -- M. of A. CASTRO, CERETTO, CROUCH, MAYERSOHN, McKEVITT, OAKS, SALADINO, ZEBROWSKI -- read once and referred to the Committee on Codes AN ACT to amend the general business law, in relation to the sale or promotional distribution of machetes; and to amend the penal law, in relation to including possession of a machete under the crime of crim- inal possession of a weapon in the fourth degree THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM- BLY, DO ENACT AS FOLLOWS: 1 Section 1. Section 399-qq of the general business law, as added by 2 chapter 243 of the laws of 2005, is amended to read as follows: 3 S 399-qq. Sale or promotional distribution of MACHETES, utility 4 knives, box cutters, or box cart cutters. 1. No person, firm, or corpo- 5 ration shall sell or offer to sell or give away as either a retail or 6 wholesale promotion a MACHETE, utility knife, box cutter, or box cart 7 cutter to any person under eighteen years of age. 8 2. For purposes of this section, the term "utility knife", "box 9 cutter", or "box cart cutter" means a knife consisting of a razor blade, 10 retractable or non-retractable, attached to or contained within a plas- 11 tic or metal housing. THE TERM "MACHETE" SHALL MEAN ANY HEAVY BLADED 12 SINGLE EDGED KNIFE WITH A BLADE OF TWELVE INCHES OR MORE DESIGNED PRIMA- 13 RILY FOR CUTTING BRUSH OR VEGETATION. 14 3. The provisions of this section shall not preclude the temporary 15 transfer of a MACHETE, utility knife, box cutter, or box cart cutter to 16 a person under eighteen years of age by such person's employer where 17 such device is possessed only on the employer's premises and only during 18 the course and scope of such person's employment. 19 4. No provision of this section shall be deemed to restrict the 20 authority of any county, city, town or village to enact and enforce 21 additional local laws, ordinances or codes, or portions thereof, EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD08215-01-1 A. 7104 2 1 provided the provisions thereof are not inconsistent with the provisions 2 of this section. 3 5. Any person, firm, or corporation who violates the provisions of 4 this section shall be subject to a civil penalty of not more than five 5 hundred dollars. 6 S 2. Subdivision 2 of section 265.01 of the penal law, as amended by 7 chapter 220 of the laws of 1988, is amended to read as follows: 8 (2) He possesses any dagger, dangerous knife, dirk, razor, stiletto, 9 imitation pistol, MACHETE, or any other dangerous or deadly instrument 10 or weapon with intent to use the same unlawfully against another; or 11 S 3. This act shall take effect immediately, provided, however, that 12 section two of this act shall take effect on the first of November next 13 succeeding the date on which it shall have become a law.