Prohibits the manufacture, transport, shipment or possession of an undetectable knife.
TITLE OF BILL: An act to amend the penal law, in relation to prohibiting the manufacture, transport or shipment of undetectable knives and prohibiting the possession of such knives
PURPOSE OR GENERAL IDEA OF BILL: To prohibit the manufacture, transportation, shipment and possession of an undetectable knife as defined.
SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends § 265.00 of the penal law to add a new subdivision 5-d "Undetectable knife "
Section 2 amends § 265.01 subdivision (2) of the penal law to read that any person who possesses an undetectable knife with the intent to use unlawfully against another will be charged with a class A misdemeanor.
Section 3 amends § 265.10 subdivisions (1) and (2) of the penal law, making the manufacture, transportation or shipment of an undetectable knife a class A misdemeanor.
JUSTIFICATION: The original intent for the manufacture and sale of undetectable knives was based on their advantageous use for the police and military during covert operations. However, the general public has access to the purchase of these weapons through online weapons distributors, print catalogues, and other weapons outlets.
These weapons are strong enough to penetrate steel drums, car doors, wood planks, etc without damage to the knife. These weapons are also serrated and can be sharpened with standard sharpening devices used for metal knives. It is equally troubling that they are advertised as being non-magnetic and can escape detection. In one instance, an undetectable knife was used in a Compton, California courtroom, where a defendant smuggled a ten inch non-metallic knife past metal detectors and stabbed two bailiffs.
These weapons present a severe security risk to any building that utilizes a metal detector for the prevention of violence or possible terrorist acts. The proliferation of these knives in our society aide those who seek to inflict harm in areas where security is closely monitored. We know. first hand how the possession of a seemingly innocuous tool was used to hijack three planes and take thousands of lives,. We must learn from prior complacency and assume the role of a legislative body that acts before a scheme targeting innocents materializes into reality.
This bill would allow members of the military, police officers and other persons exempted from the possession, transportation or shipment provisions in § 265.01 and § 265.10 of the penal law, to retain or obtain this weapon for official use. The statutory authority for this exemption derives from § 265.20 of the penal law.
This legislation is modeled after a provision in California's "Dangerous Weapons Control Law."
PRIOR LEGISLATIVE HISTORY: 2011-12: A.3622-A/Passed 2009-10: A.10036/Codes; S.6935/Codes
FISCAL IMPLICATIONS: None
EFFECTIVE DATE: This act shall take effect on the first of November next succeeding the date on which it shall have become law.
STATE OF NEW YORK ________________________________________________________________________ 4784 2013-2014 Regular Sessions IN SENATE April 24, 2013 ___________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: Section 1. Section 265.00 of the penal law is amended by adding a new subdivision 5-d to read as follows: 5-D. "UNDETECTABLE KNIFE" MEANS ANY KNIFE OR OTHER INSTRUMENT, WHICH DOES NOT UTILIZE MATERIALS THAT ARE DETECTABLE BY A METAL DETECTOR OR MAGNETOMETER WHEN SET AT A STANDARD CALIBRATION, THAT IS CAPABLE OF READY USE AS A STABBING OR CUTTING WEAPON AND WAS COMMERCIALLY MANUFAC- TURED TO BE USED AS A WEAPON. S 2. Subdivision 2 of section 265.01 of the penal law, as amended by chapter 220 of the laws of 1988, is amended to read as follows: (2) He OR SHE possesses any dagger, dangerous knife, dirk, razor, stiletto, imitation pistol, UNDETECTABLE KNIFE, or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or S 3. Subdivisions 1 and 2 of section 265.10 of the penal law, as amended by chapter 257 of the laws of 2008, are amended to read as follows: 1. Any person who manufactures or causes to be manufactured any machine-gun, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class D felony. Any person who manufactures or causes to be manufactured any switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, UNDETECTABLE KNIFE, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty of a class A misdemeanor.EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD04156-01-3 S. 4784 2
2. Any person who transports or ships any machine-gun, firearm silenc- er, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchandise five or more firearms, is guilty of a class D felony. Any person who transports or ships as merchandise any firearm, other than an assault weapon, switch- blade knife, gravity knife, pilum ballistic knife, UNDETECTABLE KNIFE, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A misdemea- nor. S 4. This act shall take effect on the first of November next succeed- ing the date on which it shall have become a law.