Assembly Bill A5944

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3898                                                  A. 5944
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. JACKSON -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Codes
 
 IN ASSEMBLY -- Introduced by M. of A. QUART -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the penal law, in relation to gravity knives

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  265.01  of  the  penal  law,  as
 amended by chapter 1 of the laws of 2013, is amended to read as follows:
   (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.  Subdivision 12 of section 10.00 of the penal law, as amended by
 chapter 257 of the laws of 2008, is amended to read as follows:
   12. "Deadly weapon" means any loaded weapon from which a shot, readily
 capable of producing death or other  serious  physical  injury,  may  be
 discharged,  or  a  switchblade  knife, [gravity knife,] pilum ballistic
 knife, metal knuckle knife, dagger, billy, blackjack, plastic  knuckles,
 or metal knuckles.
   §  3.  Subdivision 5-c of section 265.00 of the penal law, as added by
 chapter 510 of the laws of 2007, is amended to read as follows:
   5-c. "Automatic knife" includes a stiletto, a  switchblade  knife,  [a
 gravity  knife,]  a  cane  sword,  a  pilum ballistic knife, and a metal
 knuckle knife.
   § 4. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08025-02-9
              

 S. 3898                             2                            A. 5944
 
   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, 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, billy, blackjack,
 bludgeon, plastic knuckles, metal knuckles, Kung Fu star,  chuka  stick,
 sandbag or slungshot is guilty of a class A misdemeanor.
   §  5.  Subdivision 3 of section 265.15 of the penal law, as amended by
 chapter 257 of the laws of 2008, is amended to read as follows:
   3. The presence in an automobile, other than a stolen one or a  public
 omnibus,  of  any  firearm,  large  capacity  ammunition feeding device,
 defaced firearm, defaced rifle or shotgun, defaced large capacity  ammu-
 nition  feeding  device, firearm silencer, explosive or incendiary bomb,
 bombshell, [gravity knife,] switchblade knife,  pilum  ballistic  knife,
 metal  knuckle  knife, dagger, dirk, stiletto, billy, blackjack, plastic
 knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is
 presumptive evidence of its possession by  all  persons  occupying  such
 automobile  at  the  time such weapon, instrument or appliance is found,
 except under the following circumstances: (a) if such weapon, instrument
 or appliance is found upon the person of one of the  occupants  therein;
 (b)  if  such  weapon, instrument or appliance is found in an automobile
 which is being operated for hire by a duly licensed driver in  the  due,
 lawful  and  proper  pursuit  of his or her trade, then such presumption
 shall not apply to the driver; or (c) if the weapon so found is a pistol
 or revolver and one of the occupants, not present under duress,  has  in
 his  or  her  possession a valid license to have and carry concealed the
 same.
   § 6. Paragraphs 2 and 6 of subdivision a  of  section  265.20  of  the
 penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
 paragraph  6 as amended by chapter 1041 of the laws of 1974, are amended
 to read as follows:
   2. Possession of a  machine-gun,  large  capacity  ammunition  feeding
 device,  firearm,  switchblade  knife,  [gravity knife,] pilum ballistic
 knife, billy or blackjack by a  warden,  superintendent,  headkeeper  or
 deputy  of a state prison, penitentiary, workhouse, county jail or other
 institution for the detention of persons convicted or accused  of  crime
 or  detained as witnesses in criminal cases, in pursuit of official duty
 or when duly authorized by regulation or order to possess the same.
   6. Possession of a switchblade [or gravity knife] for use while  hunt-
 ing,  trapping or fishing by a person carrying a valid license issued to
 him pursuant to section 11-0713 of the environmental conservation law.
   § 7. This act shall take effect immediately.