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S04202 Summary:

S04202 Actions:

S04202 Committee Votes:

S04202 Floor Votes:

S04202 Text:

 
                STATE OF NEW YORK
        ________________________________________________________________________
 
                                          4202
 
                               2019-2020 Regular Sessions
 
                    IN SENATE
 
                                      March 4, 2019
                                       ___________
 
        Introduced  by  Sen.  SAVINO -- 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 prohibiting  the  manufac-
          ture, transport or shipment of undetectable knives and prohibiting the
          possession of such knives

          The  People of the State of New York, represented in Senate and Assem-
        bly, do enact as follows:
 
     1    Section 1. Section 265.00 of the penal law is amended by adding a  new
     2  subdivision 5-d to read as follows:
     3    5-d.  "Undetectable  knife" means any knife or other instrument, which
     4  does not utilize materials that are detectable by a  metal  detector  or
     5  magnetometer  when  set  at  a  standard calibration, that is capable of
     6  ready use as a stabbing or cutting weapon and was commercially  manufac-
     7  tured to be used as a weapon.
     8    §  2.  Subdivision 2 of section 265.01 of the penal law, as amended by
     9  chapter 269 of the laws of 2016, is amended to read as follows:
    10    (2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
    11  razor,  stiletto,  imitation  pistol,  undetectable  knife  or any other
    12  dangerous or deadly instrument or weapon with intent  to  use  the  same
    13  unlawfully against another; or
    14    §  3.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
    15  amended by chapter 257 of the laws of  2008,  are  amended  to  read  as
    16  follows:
    17    1.  Any  person  who  manufactures  or  causes  to be manufactured any
    18  machine-gun, assault weapon, large capacity ammunition feeding device or
    19  disguised gun is guilty of a class D felony. Any person who manufactures
    20  or causes to be manufactured any switchblade knife, gravity knife, pilum
    21  ballistic  knife,  metal  knuckle  knife,  undetectable  knife,   billy,
    22  blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,
    23  chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
    24  misdemeanor.
 
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD03754-01-9
        S. 4202                             2
 
     1    2. Any person who transports or ships any machine-gun, firearm silenc-
     2  er,  assault  weapon  or  large  capacity  ammunition  feeding device or
     3  disguised gun, or who transports or ships as merchandise  five  or  more
     4  firearms,  is  guilty  of a class D felony. Any person who transports or
     5  ships  as merchandise any firearm, other than an assault weapon, switch-
     6  blade knife, gravity knife, pilum ballistic knife,  undetectable  knife,
     7  billy,  blackjack,  bludgeon,  plastic knuckles, metal knuckles, Kung Fu
     8  star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
     9  nor.
    10    § 4. This act shall take effect on the first of November next succeed-
    11  ing the date on which it shall have become a law.