Assembly Bill A2259A

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

                                 2259--A

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by M. of A. QUART -- 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 possession of a gravity
  knife for purposes of criminal possession of a weapon  in  the  fourth
  degree

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

  Section 1.  Section 265.01 of the penal law, as amended by  chapter  1
of the laws of 2013, is amended to read as follows:
S 265.01 Criminal possession of a weapon in the fourth degree.
  A  person  is  guilty of criminal possession of a weapon in the fourth
degree when:
  (1) He or she possesses any firearm, electronic dart  gun,  electronic
stun  gun,  [gravity  knife,]  switchblade knife, pilum ballistic knife,
metal knuckle knife, cane sword,  billy,  blackjack,  bludgeon,  plastic
knuckles,  metal  knuckles, chuka stick, sand bag, sandclub, wrist-brace
type slingshot or slungshot, shirken or "Kung Fu star"; or
  (2) He OR SHE possesses any  dagger,  dangerous  knife,  dirk,  razor,
stiletto,  GRAVITY  KNIFE,  imitation  pistol, or any other dangerous or
deadly instrument or weapon with  intent  to  use  the  same  unlawfully
against another; or
  [(3); or
  (4)]  (3) He possesses a rifle, shotgun, antique firearm, black powder
rifle, black powder shotgun, or any muzzle-loading firearm, and has been
convicted of a felony or serious offense; or
  [(5)] (4) He possesses any dangerous or deadly weapon  and  is  not  a
citizen of the United States; or
  [(6)]  (5)  He  is  a  person  who  has been certified not suitable to
possess a rifle or shotgun, as defined in subdivision sixteen of section

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

                                                           LBD05052-03-3

A. 2259--A                          2

265.00, and refuses to yield possession of such rifle  or  shotgun  upon
the demand of a police officer. Whenever a person is certified not suit-
able to possess a rifle or shotgun, a member of the police department to
which  such  certification is made, or of the state police, shall forth-
with seize any rifle or shotgun possessed by such  person.  A  rifle  or
shotgun  seized  as herein provided shall not be destroyed, but shall be
delivered to the  headquarters  of  such  police  department,  or  state
police,  and  there  retained  until  the aforesaid certificate has been
rescinded by the director or physician in charge, or  other  disposition
of  such  rifle  or shotgun has been ordered or authorized by a court of
competent jurisdiction.
  [(7)] (6) He knowingly possesses  a  bullet  containing  an  explosive
substance designed to detonate upon impact.
  [(8)]  (7)  He  possesses any armor piercing ammunition with intent to
use the same unlawfully against another.
  Criminal possession of a weapon in the fourth  degree  is  a  class  A
misdemeanor.
  S 2. This act shall take effect on the first of November next succeed-
ing  the  date  on  which it shall have become a law; provided, however,
that if section 40 of chapter 1 of the laws of 2013 shall not have taken
effect on or before such date then the amendments made to section 265.01
of the penal law by section 1 of this act shall take effect on the  same
date  and  in  the same manner as section 40 of chapter 1 of the laws of
2013, takes effect.