Relates to the definitions of a switchblade knife and a gravity knife; excludes knives which have a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9042A
SPONSOR: Quart TITLE OF BILL: An act to amend the penal law, in relation to the
definitions of a switchblade knife and a gravity knife
PURPOSE OR GENERAL IDEA OF BILL:
To clarify the definitions of a switchblade knife and a gravity knife
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivisions 4 and 5 of section 265.00 of the penal law
to clarify the definitions of a switchblade knife and a gravity knife.
Section 2 sets the effective date.
JUSTIFICATION:
The current definitions of a switchblade knife and a gravity knife are
vague and dependent on an outdated understanding of knives used as weap-
ons and knives that are used as tools. The knives that the Legislature
intended to outlaw are very specific and very dangerous, but the current
definitions are interpreted broadly and applied to many knives which
have valuable uses as tools. Between 2003 and 2013, 60,000 New Yorkers
were arrested for possession of these knives, making this one of the
most-prosecuted crimes in New York City. The vast majority of those
arrested had no criminal intent and believed that the common folding
knives they carried were legal. These arrests and prosecutions do not
contribute to public safety. Clarifying these definitions will prevent
these arrests.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
S. 6483--A A. 9042--A
SENATE - ASSEMBLY
January 19, 2016
___________
IN SENATE -- Introduced by Sen. SAVINO -- read twice and ordered print-
ed, and when printed to be committed to the Committee on Codes --
committee discharged, bill amended, ordered reprinted as amended and
recommitted to said committee
IN ASSEMBLY -- Introduced by M. of A. QUART, COLTON, GOTTFRIED,
O'DONNELL, MILLER -- Multi-Sponsored by -- M. of A. COOK -- read once
and referred to the Committee on Codes -- committee discharged, bill
amended, ordered reprinted as amended and recommitted to said commit-
tee
AN ACT to amend the penal law, in relation to the definitions of a
switchblade knife and a gravity knife
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivisions 4 and 5 of section 265.00 of the penal law are
2 amended to read as follows:
3 4. "Switchblade knife" means any knife which has a blade which opens
4 automatically by hand pressure applied to a button, spring or other
5 device in the handle of the knife. "Switchblade knife" does not include
6 a knife that has a spring, detent, or other mechanism designed to create
7 a bias toward closure and that requires exertion applied to the blade by
8 hand, wrist, or arm to overcome the bias toward closure and open the
9 knife.
10 5. "Gravity knife" means any knife which has a blade which is released
11 from the handle or sheath thereof by the force of gravity or the appli-
12 cation of centrifugal force which, when released, is locked in place by
13 means of a button, spring, lever or other device. "Gravity knife" does
14 not include a knife that has a spring, detent, or other mechanism,
15 including but not limited to resistance to opening designed to create a
16 bias toward closure and that requires exertion applied to the blade by
17 hand, wrist, or arm to overcome the bias toward closure and open the
18 knife.
19 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11809-03-6
