senate Bill S4784A

2013-2014 Legislative Session

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

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Archive: Last Bill Status - In Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

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Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 05, 2014 print number 4784a
amend and recommit to codes
Jan 08, 2014 referred to codes
Apr 24, 2013 referred to codes

Bill Amendments

Original
A (Active)
Original
A (Active)

S4784 - Bill Details

See Assembly Version of this Bill:
A2092A
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.01 & 265.10, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3622A
2009-2010: A10036

S4784 - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4784

TITLE OF BILL: An act to amend the penal law, in relation to
prohibiting the manufacture, transport or shipment of undetectable
knives and prohibiting the possession of such knives

PURPOSE OR GENERAL IDEA OF BILL: To prohibit the manufacture,
transportation, shipment and possession of an undetectable knife as
defined.

SUMMARY OF SPECIFIC PROVISIONS: Section 1 amends § 265.00 of the penal
law to add a new subdivision 5-d "Undetectable knife "

Section 2 amends § 265.01 subdivision (2) of the penal law to read
that any person who possesses an undetectable knife with the intent to
use unlawfully against another will be charged with a class A
misdemeanor.

Section 3 amends § 265.10 subdivisions (1) and (2) of the penal law,
making the manufacture, transportation or shipment of an undetectable
knife a class A misdemeanor.

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 general public has
access to the purchase of these 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 used
for metal knives. It is equally troubling that they are advertised as
being non-magnetic and can escape detection. In one instance, an
undetectable knife was used in a Compton, California courtroom, where
a defendant smuggled a ten inch non-metallic knife past metal
detectors and stabbed two bailiffs.

These weapons present a severe security risk to any building that
utilizes a metal detector for the prevention of violence or possible
terrorist acts. The proliferation of these knives in our society aide
those who seek to inflict harm in areas where security is closely
monitored. We know. first hand how the possession of a seemingly
innocuous tool was used to hijack three planes and take thousands of
lives,. We must learn from prior complacency and assume the role of a
legislative body that acts before a scheme targeting innocents
materializes into reality.

This bill would allow members of the military, police officers and
other persons exempted from the possession, transportation or shipment
provisions in § 265.01 and § 265.10 of the penal law, to retain or
obtain this weapon for official use. The statutory authority for this
exemption derives from § 265.20 of the penal law.

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


PRIOR LEGISLATIVE HISTORY: 2011-12: A.3622-A/Passed 2009-10:
A.10036/Codes; S.6935/Codes

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.

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

                                  4784

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 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 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,
blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,
chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
misdemeanor.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD04156-01-3

S. 4784                             2

  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.

S4784A (ACTIVE) - Bill Details

See Assembly Version of this Bill:
A2092A
Current Committee:
Senate Codes
Law Section:
Penal Law
Laws Affected:
Amd §§265.00, 265.01 & 265.10, Pen L
Versions Introduced in Previous Legislative Sessions:
2011-2012: A3622A
2009-2010: A10036

S4784A (ACTIVE) - Bill Texts

view summary

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

view sponsor memo
BILL NUMBER:S4784A

TITLE OF BILL: An act to amend the penal law, in relation to
prohibiting the manufacture, transport or shipment of undetectable
knives and prohibiting the possession of such knives

PURPOSE OR GENERAL IDEA OF BILL: To prohibit the manufacture,
transportation, shipment and possession of an undetectable knife as
defined.

SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 265.00 of the penal law to add a new subdivision
5-d "Undetectable knife."

Section 2 amends § 265.01, subdivision (2) of the penal law to read
that any person who possesses an undetectable knife with the intent to
use unlawfully against another will be charged with a class A
misdemeanor.

Section 3 amends § 265.10 subdivisions (1) and (2) of the penal law,
making the manufacture, transportation or shipment of an undetectable
knife a class A misdemeanor.

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 general public has
access to the purchase of these 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 used
for metal knives. It is equally troubling that they are advertised as
being non-megnetic and can escape detection. In one instance, an
undetectable knife was used in a Compton, California courtroom, where
a defendant smuggled a ten inch non-metallic knife past metal
detectors and stabbed two bailiffs.

These weapons present a severe security risk to any building that
utilizes a metal detector for the prevention of violence or possible
terrorist gets. The proliferation of these knives in our society and
those who seek to inflict harm in areas where security is closely
monitored. We know first hand how the possession of a seemingly
innocuous tool was used to hijack three planes and take thousands of
lives. We must learn from prior complacency and assume the role of a
legislative body that acts before a scheme targeting innocents
materializes into reality.

This bill would allow members of the military, police officers and
other persons exempted the the possession, transportation or shipment
provisions in § 265.01 and § 265.10 of the penal law, to retain or
obtain this weapon for official use, The statutory authority for this
exemption derives from § 265,20 of the panel law.

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


PRIOR LEGISLATIVE HISTORY: 2009-10: A.10036/Codes: S.6938/Codes

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.

view full text
download pdf
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                 4784--A

                       2013-2014 Regular Sessions

                            I N  S E N A T E

                             April 24, 2013
                               ___________

Introduced  by  Sen.  SAVINO -- read twice and ordered printed, and when
  printed to be committed to the Committee on Codes  --  recommitted  to
  the  Committee  on  Codes  in accordance with Senate Rule 6, sec. 8 --
  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 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
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.
                                                           LBD04156-02-4

S. 4784--A                          2

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.

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