Bill Text: NY S04863 | 2019-2020 | General Assembly | Introduced
Bill Title: Removes references of gravity knives as a dangerous weapon from certain provisions of the penal law relating to firearms and other dangerous weapons.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Passed) 2019-05-30 - approval memo.2 [S04863 Detail]
Download: New_York-2019-S04863-Introduced.html
STATE OF NEW YORK ________________________________________________________________________ 4863 2019-2020 Regular Sessions IN SENATE March 28, 2019 ___________ Introduced by Sens. SAVINO, JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes AN ACT to amend the penal law, in relation to gravity knives The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. Subdivision 1 of section 265.01 of the penal law, as 2 amended by chapter 1 of the laws of 2013, is amended to read as follows: 3 (1) He or she possesses any firearm, electronic dart gun, electronic 4 stun gun, [gravity knife,] switchblade knife, pilum ballistic knife, 5 metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic 6 knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace 7 type slingshot or slungshot, shirken, or "Kung Fu star"; [or] 8 § 2. Subdivision 12 of section 10.00 of the penal law, as amended by 9 chapter 257 of the laws of 2008, is amended to read as follows: 10 12. "Deadly weapon" means any loaded weapon from which a shot, readily 11 capable of producing death or other serious physical injury, may be 12 discharged, or a switchblade knife, [gravity knife,] pilum ballistic 13 knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, 14 or metal knuckles. 15 § 3. Subdivision 5-c of section 265.00 of the penal law, as added by 16 chapter 510 of the laws of 2007, is amended to read as follows: 17 5-c. "Automatic knife" includes a stiletto, a switchblade knife, [a18gravity knife,] a cane sword, a pilum ballistic knife, and a metal 19 knuckle knife. 20 § 4. Subdivisions 1 and 2 of section 265.10 of the penal law, as 21 amended by chapter 257 of the laws of 2008, are amended to read as 22 follows: 23 1. Any person who manufactures or causes to be manufactured any 24 machine-gun, assault weapon, large capacity ammunition feeding device or 25 disguised gun is guilty of a class D felony. Any person who manufactures 26 or causes to be manufactured any switchblade knife, [gravity knife,] EXPLANATION--Matter in italics (underscored) is new; matter in brackets [] is old law to be omitted. LBD08025-02-9S. 4863 2 1 pilum ballistic knife, metal knuckle knife, billy, blackjack, bludgeon, 2 plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, 3 sandclub or slungshot is guilty of a class A misdemeanor. 4 2. Any person who transports or ships any machine-gun, firearm silenc- 5 er, assault weapon or large capacity ammunition feeding device or 6 disguised gun, or who transports or ships as merchandise five or more 7 firearms, is guilty of a class D felony. Any person who transports or 8 ships as merchandise any firearm, other than an assault weapon, switch- 9 blade knife, [gravity knife,] pilum ballistic knife, billy, blackjack, 10 bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, 11 sandbag or slungshot is guilty of a class A misdemeanor. 12 § 5. Subdivision 3 of section 265.15 of the penal law, as amended by 13 chapter 257 of the laws of 2008, is amended to read as follows: 14 3. The presence in an automobile, other than a stolen one or a public 15 omnibus, of any firearm, large capacity ammunition feeding device, 16 defaced firearm, defaced rifle or shotgun, defaced large capacity ammu- 17 nition feeding device, firearm silencer, explosive or incendiary bomb, 18 bombshell, [gravity knife,] switchblade knife, pilum ballistic knife, 19 metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, plastic 20 knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is 21 presumptive evidence of its possession by all persons occupying such 22 automobile at the time such weapon, instrument or appliance is found, 23 except under the following circumstances: (a) if such weapon, instrument 24 or appliance is found upon the person of one of the occupants therein; 25 (b) if such weapon, instrument or appliance is found in an automobile 26 which is being operated for hire by a duly licensed driver in the due, 27 lawful and proper pursuit of his or her trade, then such presumption 28 shall not apply to the driver; or (c) if the weapon so found is a pistol 29 or revolver and one of the occupants, not present under duress, has in 30 his or her possession a valid license to have and carry concealed the 31 same. 32 § 6. Paragraphs 2 and 6 of subdivision a of section 265.20 of the 33 penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and 34 paragraph 6 as amended by chapter 1041 of the laws of 1974, are amended 35 to read as follows: 36 2. Possession of a machine-gun, large capacity ammunition feeding 37 device, firearm, switchblade knife, [gravity knife,] pilum ballistic 38 knife, billy or blackjack by a warden, superintendent, headkeeper or 39 deputy of a state prison, penitentiary, workhouse, county jail or other 40 institution for the detention of persons convicted or accused of crime 41 or detained as witnesses in criminal cases, in pursuit of official duty 42 or when duly authorized by regulation or order to possess the same. 43 6. Possession of a switchblade [or gravity knife] for use while hunt- 44 ing, trapping or fishing by a person carrying a valid license issued to 45 him pursuant to section 11-0713 of the environmental conservation law. 46 § 7. This act shall take effect immediately.
