New York State Assembly

 
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A05944 Summary:

A05944 Actions:

A05944 Committee Votes:

Committee:CODES   Chair:Lentol      
DATE:03/18/2019AYE/NAY:15/6  Action: Favorable         
Lentol
Aye
Ra
Nay
Schimminger
Aye
Giglio
Nay
Pretlow
Aye
Montesano
Nay
Cook
Aye
Morinello
Nay
Cymbrowitz
Aye
Palumbo
Nay
O'Donnell
Absent
Garbarino
Nay
Lavine
Aye
Perry
Aye
Zebrowski
Aye
Abinanti
Aye
Weprin
Aye
Mosley
Aye
Hevesi
Aye
Fahy
Aye
Seawright
Aye
Rosenthal
Aye

A05944 Floor Votes:

A05944 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
            S. 3898                                                  A. 5944
 
                               2019-2020 Regular Sessions
 
                SENATE - ASSEMBLY
 
                                    February 20, 2019
                                       ___________
 
        IN SENATE -- Introduced by Sen. JACKSON -- read twice and ordered print-
          ed, and when printed to be committed to the Committee on Codes
 
        IN ASSEMBLY -- 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 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,  [a
    18  gravity  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:
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD08025-02-9
        S. 3898                             2                            A. 5944
 
     1    1. Any person who  manufactures  or  causes  to  be  manufactured  any
     2  machine-gun, assault weapon, large capacity ammunition feeding device or
     3  disguised gun is guilty of a class D felony. Any person who manufactures
     4  or  causes  to  be  manufactured any switchblade knife, [gravity knife,]
     5  pilum  ballistic knife, metal knuckle knife, billy, blackjack, bludgeon,
     6  plastic knuckles, metal knuckles, Kung Fu star,  chuka  stick,  sandbag,
     7  sandclub or slungshot is guilty of a class A misdemeanor.
     8    2. Any person who transports or ships any machine-gun, firearm silenc-
     9  er,  assault  weapon  or  large  capacity  ammunition  feeding device or
    10  disguised gun, or who transports or ships as merchandise  five  or  more
    11  firearms,  is  guilty  of a class D felony. Any person who transports or
    12  ships as merchandise any firearm, other than an assault weapon,  switch-
    13  blade  knife,  [gravity knife,] pilum ballistic knife, billy, blackjack,
    14  bludgeon, plastic knuckles, metal knuckles, Kung Fu star,  chuka  stick,
    15  sandbag or slungshot is guilty of a class A misdemeanor.
    16    §  5.  Subdivision 3 of section 265.15 of the penal law, as amended by
    17  chapter 257 of the laws of 2008, is amended to read as follows:
    18    3. The presence in an automobile, other than a stolen one or a  public
    19  omnibus,  of  any  firearm,  large  capacity  ammunition feeding device,
    20  defaced firearm, defaced rifle or shotgun, defaced large capacity  ammu-
    21  nition  feeding  device, firearm silencer, explosive or incendiary bomb,
    22  bombshell, [gravity knife,] switchblade knife,  pilum  ballistic  knife,
    23  metal  knuckle  knife, dagger, dirk, stiletto, billy, blackjack, plastic
    24  knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is
    25  presumptive evidence of its possession by  all  persons  occupying  such
    26  automobile  at  the  time such weapon, instrument or appliance is found,
    27  except under the following circumstances: (a) if such weapon, instrument
    28  or appliance is found upon the person of one of the  occupants  therein;
    29  (b)  if  such  weapon, instrument or appliance is found in an automobile
    30  which is being operated for hire by a duly licensed driver in  the  due,
    31  lawful  and  proper  pursuit  of his or her trade, then such presumption
    32  shall not apply to the driver; or (c) if the weapon so found is a pistol
    33  or revolver and one of the occupants, not present under duress,  has  in
    34  his  or  her  possession a valid license to have and carry concealed the
    35  same.
    36    § 6. Paragraphs 2 and 6 of subdivision a  of  section  265.20  of  the
    37  penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
    38  paragraph  6 as amended by chapter 1041 of the laws of 1974, are amended
    39  to read as follows:
    40    2. Possession of a  machine-gun,  large  capacity  ammunition  feeding
    41  device,  firearm,  switchblade  knife,  [gravity knife,] pilum ballistic
    42  knife, billy or blackjack by a  warden,  superintendent,  headkeeper  or
    43  deputy  of a state prison, penitentiary, workhouse, county jail or other
    44  institution for the detention of persons convicted or accused  of  crime
    45  or  detained as witnesses in criminal cases, in pursuit of official duty
    46  or when duly authorized by regulation or order to possess the same.
    47    6. Possession of a switchblade [or gravity knife] for use while  hunt-
    48  ing,  trapping or fishing by a person carrying a valid license issued to
    49  him pursuant to section 11-0713 of the environmental conservation law.
    50    § 7. This act shall take effect immediately.