New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 
 
•  LFIN 
 
•  Chamber Video/Transcript 

A05667 Summary:

A05667 Actions:

A05667 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:04/04/2017AYE/NAY:15/6  Action: Favorable refer to committee Rules        
Lentol
Aye
Graf
Nay
Schimminger
Aye
Giglio
Nay
Weinstein
Aye
McKevitt
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Ra
Nay
Cymbrowitz
Aye
Morinello
Nay
Titus
Aye
O'Donnell
Aye
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Absent
Fahy
Aye

Committee:RULES   Chair:Heastie      
DATE:04/24/2017AYE/NAY:28/0  Action: Favorable         
Heastie
Aye
Kolb
Aye
Gottfried
Aye
Oaks
Aye
Lentol
Aye
Butler
Aye
Farrell
Aye
Crouch
Aye
Gantt
Excused
Finch
Excused
Nolan
Aye
Barclay
Aye
Weinstein
Aye
Raia
Aye
Hooper
Aye
Hawley
Aye
Ortiz
Aye
Pretlow
Aye
Cook
Aye
Glick
Aye
Morelle
Aye
Aubry
Aye
Englebright
Aye
Dinowitz
Aye
Colton
Excused
Magnarelli
Aye
Perry
Aye
Galef
Aye
Paulin
Aye
Titus
Aye
Peoples-Stokes
Aye

A05667 Floor Votes:

A05667 Memo:

NEW YORK STATE ASSEMBLY
MEMORANDUM IN SUPPORT OF LEGISLATION
 submitted in accordance with Assembly Rule III, Sec 1(f)



 
BILL NUMBER: A5667A
 
SPONSOR: Quart

 
TITLE OF BILL:  An act to amend the penal law, in relation to the
definition of a gravity knife
 
 
PURPOSE OR GENERAL IDEA OF BILL:
 
To clarify the definition of a gravity knife
 
 
SUMMARY OF SPECIFIC PROVISIONS:
 
Section 1 defines "gravity knife."
 
Section 2 is the effective date.
 
 
JUSTIFICATION:
 
In the 1950's, amid a widespread fear of knife crime, the legislature
enacted a sweeping ban of switch blades and gravity knives. Decades
later, coinciding with the rise of stop and frisk policing, the NYPD
expanded the application of this law to any common folding knife.
Today, the Legal Aid Society estimates at least 5,000 New Yorkers are
arrested every year for carrying a pocket knife, overwhelmingly in
Manhattan.
 
Crime in New York City remains at the lowest levels in modern history.
Much of this is due to the good work of NYPD officers in preventing
crime before it happens, in partnership with communities and other city
agencies. By taking steps to identify predictive markers of crime and
addressing problems before they become crimes, New York City is one of
the safest big cities in the world. These stops distract officers from
doing the work of keeping New York safe while unfairly pushing New York-
ers with no unlawful intentions and who present no danger to public
safety into the criminal justice system.
 
The problem is clear, and there is near unanimous support for finding a
solution. In 2016, a similar bill passed each house of the Legislature
with overwhelming margins and bipartisan support.  Organizational
support has come from the NRA, the Legal Aid Society, Knife Rights,
Brooklyn Defender Services, the Chief Defenders Association of New York,
IATSE, Safari Club International, the Congressional Sportsmen's Founda-
tion, the NAACP Legal Defense Fund, JustLeadershipUSA, the AFL-CIO, the
New York State Black, Puerto Rican, Hispanic and Asian Legislation
Caucus, criminal law professors at Yale Law School, and NYCLU. Even the
Governor's veto message, admits that the current situation is untenable.
This legislation addresses his concerns with that bill.
 
This bill will solve the problem by clarifying the Legislature's intent
is not to ban all pocket knives, but to ban switchblades and gravity
knives, two very specific kinds of weapons with very specific character-
istic mechanisms. Many states have passed similar legislation, including
Georgia, Kansas, Missouri and New Hampshire, without any resultant
increase in crime. Further, this bill will ensure that the Legislature's
intent is clear for prosecutors statewide and will secure uniformity in
the law's interpretations. New Yorkers shouldn't worry that a knife that
is legal in Onondaga County will be illegal in Manhattan.
 
 
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
 
 
FISCAL IMPLICATIONS:
 
None
 
 
EFFECTIVE DATE:
Immediately

A05667 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                         5667--A
 
                               2017-2018 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 14, 2017
                                       ___________
 
        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Codes -- committee discharged, bill amended, ordered  reprinted  as
          amended and recommitted to said committee
 
        AN ACT to amend the penal law, in relation to the definition of a gravi-
          ty knife

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Subdivision 5 of section 265.00 of the penal law is amended
     2  to read as follows:
     3    5. "Gravity knife" means any knife which has a blade which is released
     4  from the handle or sheath thereof solely by the force of gravity [or the
     5  application of centrifugal force] which, when  released,  is  locked  in
     6  place by means of a button, spring, lever or other device.
     7    § 2. This act shall take effect immediately.
 
 
 
 
 
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD09626-02-7