S T A T E   O F   N E W   Y O R K
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                                  3686

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                            February 11, 2013
                               ___________

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

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
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-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD05052-02-3
              

S. 3686                             2

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.