Legislation

Search OpenLegislation Statutes
This entry was published on 2014-09-22
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 216-C
Special provisions for cutlery and knife museums that exhibit automatic knives
Education (EDN) CHAPTER 16, TITLE 1, ARTICLE 5, PART 1
§ 216-c. Special provisions for cutlery and knife museums that exhibit
automatic knives. 1. For the purposes of this section:

a. "automatic knife" has the meaning defined therefor in subdivision
five-c of section 265.00 of the penal law.

b. "cutlery and knife museum" means either: (i) a cutlery and knife
museum or institution that is located in Orange, Sullivan, or Ulster
county which is devoted to the public exhibition, display, or
demonstration of cutlery and knives, including an automatic knife
collection, and is incorporated for the promotion of art, education,
history, and science, or for preserving the cultural significance of the
manufacture of knives and cutlery in the Hudson valley and throughout
the United States, or (ii) any other museum or institution, which is not
located in a city having a population of one million or more, that is
incorporated for the promotion of art, education, history, and science
and which offers for public display or exhibition an automatic knife
collection.

2. A cutlery and knife museum that wishes to exhibit, show, or
display, in whole or in part, an automatic knife collection may be
chartered, established, or otherwise permitted to operate and conduct
its business pursuant to the provisions of this section and section two
hundred sixteen of this part. Any such museum shall also be subject to
the other sections of this part applicable to museums or institutions;
provided that this section shall supersede any inconsistent provision of
any other section of this part applicable to museums or institutions,
except section two hundred sixteen of this part.

3. All applicants for a cutlery and knife museum subject to the
provisions of this section, who plan to exhibit, show, or display
automatic knives, shall be fingerprinted. Any other person thereafter
seeking to become a director, officer, employee, or agent of such museum
shall be fingerprinted. Such fingerprints shall be submitted to the
division of criminal justice services for a state criminal history
record check, as defined in subdivision one of section three thousand
thirty-five of this chapter, and may be submitted to the federal bureau
of investigation for a national criminal history record check.

4. Every museum that contains, displays, exhibits or demonstrates
cutlery, knives and/or automatic knives that are unlawful to possess in
this state shall implement and submit for approval a security plan for
securing such cutlery, knives and automatic knives to the division of
state police or police department or sheriff's office having
jurisdiction over the museum. The security plan will detail specific
measures that would be used to prevent the unlawful use of such items.
The division of state police or police department or sheriff's office
having jurisdiction over the museum shall review the plan and certify
whether it meets statutory requirements. Such plan must satisfy at least
the following requirements:

a. The building in which all cutlery, knife and automatic knife
collections are housed shall be secured against unauthorized entry,
using heavy duty locks and doors that are resistant to damage, and
windows shall be resistant to breakage.

b. The display and exhibition cases shall be securely locked at all
times except when removing a single cutlery, knife or automatic knife
item to be placed in storage or on display; and

c. When not displayed, all cutlery, knives and automatic knives shall
be secured in a locked fireproof safe or vault on the premises or in a
similar secured and locked area.

5. All cutlery and knife museums subject to the provisions of this
section that wish to ship or loan cutlery, knives or automatic knives to
other licensed museums shall notify in writing and obtain approval from
the division of state police. Additionally, any museum that does not
contain, display, exhibit or demonstrate cutlery, knives or automatic
knives that are unlawful to possess prior to the effective date of this
section shall implement and submit for approval a security plan pursuant
to subdivision four of this section prior to obtaining such items.

6. No cutlery and knife museum, subject to the provisions of this
section, may introduce automatic knives into its premises until the
division of state police or police department or sheriff's office having
jurisdiction over the museum has inspected the equipment and building
features specified in subdivisions four and five of this section and
certified in writing that all of them are in compliance with their
statutory requirements.

7. All cutlery and knife museums, subject to the provisions of this
section, shall be allowed to possess, own, collect, accept, and purchase
automatic knives to further their activities to promote art, education,
history, and science, and for the preservation of the cultural
significance of the manufacture of cutlery and knives in New York state.