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A05667 Summary:

Amd §265.00, Pen L
Relates to the definition of a gravity knife; removes reference to the application of centrifugal force from the definition of a gravity knife.
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A05667 Actions:

02/14/2017referred to codes
03/02/2017amend and recommit to codes
03/02/2017print number 5667a
04/04/2017reported referred to rules
04/24/2017rules report cal.57
04/24/2017ordered to third reading rules cal.57
05/10/2017passed assembly
05/10/2017delivered to senate
06/21/2017SUBSTITUTED FOR S4769A
06/21/20173RD READING CAL.1031
10/11/2017delivered to governor
10/23/2017vetoed memo.171
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A05667 Memo:

submitted in accordance with Assembly Rule III, Sec 1(f)
  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
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A05667 Text:

                STATE OF NEW YORK
                               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.
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