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Assembly Bill A3622A

2011-2012 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Codes Committee

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Bill Amendments

co-Sponsors

multi-Sponsors

2011-A3622 - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.01 & 265.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10036
2013-2014: A2092
2015-2016: A4697
2017-2018: A3729
2019-2020: A4816

2011-A3622 - Summary

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

2011-A3622 - Bill Text download pdf

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

                                  3622

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M. of A. COLTON, WEPRIN, ZEBROWSKI, SPANO, JAFFEE, SCAR-
  BOROUGH -- Multi-Sponsored by -- M. of A. McENENY, MONTESANO, PHEFFER,
  WEISENBERG -- read once and referred to the Committee on Codes

AN ACT to amend the penal law, in relation to prohibiting  the  manufac-
  ture,  import  or  export  of undetectable knives for commercial sale,
  prohibiting the possession of such knives, requiring manufacturers  of
  undetectable  knives to include materials detectable by a metal detec-
  tor and exempting such 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 265.45 to
read as follows:
S 265.45 CRIMINAL MANUFACTURE, IMPORT OR EXPORT OF  UNDETECTABLE  KNIVES
           FOR COMMERCIAL SALE.
  1.  A  PERSON  IS  GUILTY OF CRIMINAL MANUFACTURE, IMPORT OR EXPORT OF
UNDETECTABLE KNIVES FOR COMMERCIAL SALE WHEN,  HE  OR  SHE  COMMERCIALLY
MANUFACTURES  OR  CAUSES  TO  BE COMMERCIALLY MANUFACTURED, OR KNOWINGLY
IMPORTS INTO THE STATE FOR COMMERCIAL SALE, OR  KNOWINGLY  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, "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, AND THAT IS COMMERCIALLY MANUFACTURED TO BE USED AS A WEAPON  AND
IS  NOT  DETECTABLE BY A METAL DETECTOR OR MAGNETOMETER, EITHER HANDHELD
OR OTHERWISE, WHEN SET AT STANDARD CALIBRATION.
  3. NOTWITHSTANDING ANY OTHER PROVISION OF LAW, ON  AND  AFTER  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,
THAT MAY INFLICT SERIOUS PHYSICAL INJURY OR DEATH WHICH ARE COMMERCIALLY

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04352-01-1
              

co-Sponsors

multi-Sponsors

2011-A3622A (ACTIVE) - Details

Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.01 & 265.10, Pen L
Versions Introduced in Other Legislative Sessions:
2009-2010: A10036
2013-2014: A2092
2015-2016: A4697
2017-2018: A3729
2019-2020: A4816

2011-A3622A (ACTIVE) - Summary

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

2011-A3622A (ACTIVE) - Bill Text download pdf

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

                                 3622--A

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                            January 26, 2011
                               ___________

Introduced  by  M. of A. COLTON, WEPRIN, ZEBROWSKI, SPANO, JAFFEE, SCAR-
  BOROUGH, LAVINE, HOOPER -- Multi-Sponsored by --  M.  of  A.  McENENY,
  MONTESANO,  PHEFFER,  WEISENBERG  --  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 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,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04352-05-1
              

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