New York State Assembly

 
•  Summary 
 
•  Actions 
 
•  Committee Votes 
 
•  Floor Votes 
 
•  Memo 
 
•  Text 

A04821 Summary:

A04821 Actions:

A04821 Committee Votes:

A04821 Floor Votes:

A04821 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4821
 
                               2015-2016 Regular Sessions
 
                   IN ASSEMBLY
 
                                    February 6, 2015
                                       ___________
 
        Introduced  by M. of A. QUART -- read once and referred to the Committee
          on Codes
 
        AN ACT to amend the penal law, in relation to possession  of  a  gravity
          knife  for  purposes  of criminal 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 265.01 of the penal law, as amended by chapter 1
     2  of the laws of 2013, is amended to read as follows:
     3  § 265.01 Criminal possession of a weapon in the fourth degree.
     4    A person is guilty of criminal possession of a weapon  in  the  fourth
     5  degree when:
     6    (1)  He  or she possesses any firearm, electronic dart gun, electronic
     7  stun gun, [gravity knife,] switchblade  knife,  pilum  ballistic  knife,
     8  metal  knuckle  knife,  cane  sword, billy, blackjack, bludgeon, plastic
     9  knuckles, metal knuckles, chuka stick, sand bag,  sandclub,  wrist-brace
    10  type slingshot or slungshot, shirken or "Kung Fu star"; or
    11    (2)  He  or  she  possesses  any dagger, dangerous knife, dirk, razor,
    12  stiletto, gravity knife, imitation pistol, or  any  other  dangerous  or
    13  deadly  instrument  or  weapon  with  intent  to use the same unlawfully
    14  against another; or
    15    [(3); or
    16    (4)] (3) He possesses a rifle, shotgun, antique firearm, black  powder
    17  rifle, black powder shotgun, or any muzzle-loading firearm, and has been
    18  convicted of a felony or serious offense; or
    19    [(5)]  (4)  He  possesses  any dangerous or deadly weapon and is not a
    20  citizen of the United States; or
    21    [(6)] (5) He is a person  who  has  been  certified  not  suitable  to
    22  possess a rifle or shotgun, as defined in subdivision sixteen of section
    23  265.00,  and  refuses  to yield possession of such rifle or shotgun upon
    24  the demand of a police officer. Whenever a person is certified not suit-
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD04474-01-5
        A. 4821                             2
 
     1  able to possess a rifle or shotgun, a member of the police department to
     2  which such certification is made, or of the state police,  shall  forth-
     3  with  seize  any  rifle  or shotgun possessed by such person. A rifle or
     4  shotgun  seized  as herein provided shall not be destroyed, but shall be
     5  delivered to the  headquarters  of  such  police  department,  or  state
     6  police,  and  there  retained  until  the aforesaid certificate has been
     7  rescinded by the director or physician in charge, or  other  disposition
     8  of  such  rifle  or shotgun has been ordered or authorized by a court of
     9  competent jurisdiction.
    10    [(7)] (6) He knowingly possesses  a  bullet  containing  an  explosive
    11  substance designed to detonate upon impact.
    12    [(8)]  (7)  He  possesses any armor piercing ammunition with intent to
    13  use the same unlawfully against another.
    14    Criminal possession of a weapon in the fourth  degree  is  a  class  A
    15  misdemeanor.
    16    § 2. This act shall take effect on the first of November next succeed-
    17  ing the date on which it shall have become a law.