The New York State Senate

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

    S. 6938                                                 A. 10036

                      S E N A T E - A S S E M B L Y

                            February 26, 2010
                               ___________

IN SENATE -- Introduced by Sen. KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

IN  ASSEMBLY  -- Introduced by M. of A. COLTON -- read once and referred
  to the Committee on Codes

AN ACT to amend the penal law, in relation to providing that any  person
  who  manufactures  or  causes  to  manufacture,  or knowingly imports,
  offers or exposes for commercial sale an undetectable knife is  guilty
  of  a misdemeanor; in relation to requiring manufacturers of undetect-
  able knives to include materials detectable by a  metal  detector;  in
  relation to exempting knives sold to certain entities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 265.41  to
read as follows:
S 265.41 PROHIBITED MANUFACTURE, IMPORT OR EXPORT OF UNDETECTABLE KNIVES
           FOR COMMERCIAL SALE.
  (1)  A PERSON IS GUILTY OF PROHIBITED MANUFACTURE, IMPORT OR EXPORT OF
UNDETECTABLE KNIVES FOR COMMERCIAL SALE WHEN, IN THIS STATE, SUCH PERSON
COMMERCIALLY MANUFACTURES OR CAUSES TO BE COMMERCIALLY MANUFACTURED,  OR
WHO  KNOWINGLY  IMPORTS INTO THE STATE FOR COMMERCIAL SALE, OR WHO KNOW-
INGLY EXPORTS FROM THIS STATE FOR  COMMERCIAL,  DEALER,  WHOLESALER,  OR
DISTRIBUTOR SALE, OR KEEPS FOR COMMERCIAL SALE, OR OFFERS OR EXPOSES FOR
COMMERCIAL,  DEALER,  WHOLESALER,  OR DISTRIBUTOR SALE, ANY UNDETECTABLE
KNIFE.
  (2) AS USED IN THIS ARTICLE, AN "UNDETECTABLE KNIFE" MEANS  ANY  KNIFE
OR  OTHER  INSTRUMENT  WITH  OR  WITHOUT A HAND GUARD THAT IS CAPABLE OF
READY USE AS A STABBING WEAPON THAT MAY INFLICT SERIOUS PHYSICAL  INJURY
OR  DEATH,  THAT IS COMMERCIALLY MANUFACTURED TO BE USED AS A WEAPON AND
IS NOT DETECTABLE BY A METAL DETECTOR OR MAGNETOMETER,  EITHER  HANDHELD
OR OTHERWISE, THAT IS SET AT STANDARD CALIBRATION.
  (3)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, COMMENCING JANUARY
FIRST, TWO THOUSAND TWELVE, ALL KNIVES  OR  OTHER  INSTRUMENTS  WITH  OR
WITHOUT  A HAND GUARD THAT ARE CAPABLE OF READY USE AS A STABBING WEAPON

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

                                                           LBD15761-03-0

S. 6938                             2                           A. 10036

THAT MAY INFLICT SERIOUS PHYSICAL INJURY OR DEATH WHICH ARE COMMERCIALLY
MANUFACTURED IN THIS STATE AND  THAT  UTILIZE  MATERIALS  THAT  ARE  NOT
DETECTABLE BY A METAL DETECTOR OR MAGNETOMETER, SHALL BE MANUFACTURED TO
INCLUDE MATERIALS THAT WILL ENSURE THEY ARE DETECTABLE BY A METAL DETEC-
TOR OR MAGNETOMETER, EITHER HANDHELD OR OTHERWISE, THAT IS SET AT STAND-
ARD CALIBRATION.
  (4)  THIS SECTION SHALL NOT APPLY TO THE MANUFACTURE OR IMPORTATION OF
UNDETECTABLE KNIVES FOR SALE TO FEDERAL,  STATE,  AND  LOCAL  HISTORICAL
SOCIETIES,  MUSEUMS, AND INSTITUTIONAL COLLECTIONS WHICH ARE OPEN TO THE
PUBLIC, PROVIDED THAT SUCH UNDETECTABLE KNIVES ARE PROPERLY  HOUSED  AND
SECURED  FROM UNAUTHORIZED HANDLING, NOR SHALL THIS SECTION APPLY TO THE
SUBSEQUENT  SALE  OF  SUCH  KNIVES  TO  SUCH  SOCIETIES,  MUSEUMS,   AND
COLLECTIONS.
  PROHIBITED  MANUFACTURE,  IMPORT  OR EXPORT OF UNDETECTABLE KNIVES FOR
COMMERCIAL SALE IS A CLASS A MISDEMEANOR.
  S 2. Subdivision 1 of section 265.01 of the penal law, as  amended  by
chapter 257 of the laws of 2008, is amended to read as follows:
  (1)  He  or she possesses any firearm, electronic dart gun, electronic
stun gun, gravity knife, switchblade knife, pilum ballistic knife, metal
knuckle knife, UNDETECTABLE KNIFE, cane sword, billy,  blackjack,  blud-
geon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub,
wrist-brace type slingshot or slungshot, shirken or "Kung Fu star"; or
  S  3.  The opening paragraph of subdivision a of section 265.20 of the
penal law, as amended by chapter 496 of the laws of 1991, is amended  to
read as follows:
  Sections  265.01,  265.02,  265.03,  265.04,  265.05,  265.10, 265.11,
265.12, 265.13, 265.15, 265.41 and 270.05 shall not apply to:
  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.