The New York State Senate

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

                                  4697

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 5, 2015
                               ___________

Introduced  by  M. of A. COLTON, WEPRIN, ZEBROWSKI, JAFFEE, SCARBOROUGH,
  LAVINE, HOOPER, MILLER -- Multi-Sponsored by -- M. of A. MONTESANO  --
  read once and referred 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 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,
blackjack,  bludgeon,  plastic  knuckles,  metal knuckles, Kung Fu star,

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD06697-01-5

A. 4697                             2

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.