NY State Senate Bill 2009-S6938

Senate Bill S6938

2009-2010 Legislative Session

Provides 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

download bill text pdf

Archive: Last Bill Status - In Senate Committee Codes Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2010	referred to codes

2009-S6938 (ACTIVE) - Details

See Assembly Version of this Bill:: A10036
Current Committee:: Senate Codes
Law Section:: Penal Law
Laws Affected:: Add §265.41, amd §§265.01 & 265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: S617, A3622
2013-2014: A2092
2015-2016: A4697
2017-2018: A3729
2019-2020: A4816

2009-S6938 (ACTIVE) - Summary

Provides 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 undetectable knives to include materials detectable by a metal detector; in relation to exempting knives sold to certain entities.

2009-S6938 (ACTIVE) - Sponsor Memo

                                 BILL NUMBER:  S6938

 TITLE OF BILL :
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
undetectable knives to include materials detectable by a metal
detector; in relation to exempting knives sold to certain entities


 PURPOSE OR GENERAL IDEA OF BILL :
To prohibit the manufacture, importation or exportation, sale and
possession of an undetectable knife as defined.

 SUMMARY OF SPECIFIC PROVISIONS :
Section 1 amends the penal law to include a new section §265.41
"Prohibited manufacture, import or export of undetectable knives for
commercial sale."

Subdivision 1 describes the new offense being created of prohibited
manufacture, import or export of undetectable knives for commercial
sale.

Subdivision 2 defines the term "undetectable knife" as a commercially
manufactured stabbing weapon that is not detectable by a metal

detector or magnetometer.

Subdivision 3 states that all knives or other instruments that can be
used as a stabbing weapon shall be manufactured to include materials
that will ensure they are detectable by a metal detector or
magnetometer after January first, two thousand twelve.

Subdivision 4 states that the section shall not apply to the
manufacture or importation for sale of undetectable knives to federal,
state, and local historical societies, museums, and institutional
collections which are open to the public.

Violation of this new section is a class A misdemeanor.

Section 2 amends subdivision 1 of §265.01 of the penal law to insert
the term "undetectable knife" to a list of weapons of which possession
by a person would be a class A misdemeanor.

Section 3 amends the opening paragraph of subdivision (a) of section
265.20 of the Penal Law to include the new §265.41, making the section
exempt to certain police and military entities.

 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 public at large have access to
the purchase of such 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 for
metal knives. It is equally troubling that they are often advertised
as being non-magnetic.

These weapons present a severe security risk to any building that
utilizes a metal detector or employment of magnetometers for the
prevention of violence or possible terrorist acts. There have been
cases when such weapons have been used in courtrooms, such as in a

Compton, California courtroom, where a defendant used a 10-inch
plastic knife to stab two bailiffs.

While there is no known trend in terrorists using these weapons in
their repertoire, We must enact pre-emptive legislation in order to
keep ahead of the curve and to prevent potential situations which
threaten the lives of our citizens.

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

 PRIOR LEGISLATIVE HISTORY :
New bill.

 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.

2009-S6938 (ACTIVE) - Bill Text download pdf

                            
                    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.

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