The New York State Senate

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

                                  3729

                       2017-2018 Regular Sessions

                          I N  A S S E M B L Y

                            January 30, 2017
                               ___________

Introduced  by M. of A. COLTON, WEPRIN, ZEBROWSKI, JAFFEE, LAVINE, HOOP-
  ER, M. G. MILLER, ARROYO, McDONOUGH, BLAKE,  LAWRENCE  --  Multi-Spon-
  sored  by  -- M. of A. COOK, MONTESANO, RIVERA, SIMON -- 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.
  §  2.  Subdivision 2 of section 265.01 of the penal law, as amended by
chapter 269 of the laws of 2016, is amended to read as follows:
  (2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
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
  §  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.

                                                           LBD04985-01-7

A. 3729                             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.
  § 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.