Assembly Bill A2092A

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

                                 2092--A
                                                        Cal. No. 118

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 9, 2013
                               ___________

Introduced  by  M. of A. COLTON, WEPRIN, ZEBROWSKI, JAFFEE, SCARBOROUGH,
  LAVINE, HOOPER, MILLER -- Multi-Sponsored by -- M.  of  A.  MONTESANO,
  WEISENBERG  --  read  once  and  referred to the Committee on Codes --
  ordered to a third reading -- passed by Assembly and delivered to  the
  Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
  ordered reprinted, retaining its place on the order of third reading

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

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                      [ ] is old law to be omitted.
                                                           LBD04156-03-4

A. 2092--A                          2

or causes to be manufactured any switchblade knife, gravity knife, pilum
ballistic   knife,  metal  knuckle  knife,  UNDETECTABLE  KNIFE,  billy,
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.