senate Bill S4784A

Prohibits the manufacture, transport, shipment or possession of an undetectable knife

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Sponsor

Bill Status


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor
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actions

  • 24 / Apr / 2013
    • REFERRED TO CODES
  • 08 / Jan / 2014
    • REFERRED TO CODES
  • 05 / Jun / 2014
    • AMEND AND RECOMMIT TO CODES
  • 05 / Jun / 2014
    • PRINT NUMBER 4784A

Summary

Prohibits the manufacture, transport, shipment or possession of an undetectable knife.

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Bill Details

See Assembly Version of this Bill:
A2092A
Versions:
S4784
S4784A
Legislative Cycle:
2013-2014
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.01 & 265.10, Pen L
Versions Introduced in Previous Legislative Cycles:
2011-2012: A3622A, A3622A
2009-2010: A10036, A10036

Sponsor Memo

BILL NUMBER:S4784A

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-megnetic 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 gets. The proliferation of these knives in our society and
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 the 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 panel law.

This legislation is modeled after a provision in California's
"Dangerous Weapons Control Law."


PRIOR LEGISLATIVE HISTORY: 2009-10: A.10036/Codes: S.6938/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.

view bill text
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4784--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  committee discharged, bill amended, ordered reprinted as  amended  and
  recommitted to said committee

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 1 of the laws of 2013, 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04156-02-4

S. 4784--A                          2

blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,
chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
misdemeanor.
  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.

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