Relates to the definitions of a switchblade knife and a gravity knife; excludes knives which have a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A9042A
SPONSOR: Quart TITLE OF BILL: An act to amend the penal law, in relation to the
definitions of a switchblade knife and a gravity knife
PURPOSE OR GENERAL IDEA OF BILL:
To clarify the definitions of a switchblade knife and a gravity knife
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends subdivisions 4 and 5 of section 265.00 of the penal law
to clarify the definitions of a switchblade knife and a gravity knife.
Section 2 sets the effective date.
JUSTIFICATION:
The current definitions of a switchblade knife and a gravity knife are
vague and dependent on an outdated understanding of knives used as weap-
ons and knives that are used as tools. The knives that the Legislature
intended to outlaw are very specific and very dangerous, but the current
definitions are interpreted broadly and applied to many knives which
have valuable uses as tools. Between 2003 and 2013, 60,000 New Yorkers
were arrested for possession of these knives, making this one of the
most-prosecuted crimes in New York City. The vast majority of those
arrested had no criminal intent and believed that the common folding
knives they carried were legal. These arrests and prosecutions do not
contribute to public safety. Clarifying these definitions will prevent
these arrests.
PRIOR LEGISLATIVE HISTORY:
This is a new bill.
FISCAL IMPLICATIONS:
None
EFFECTIVE DATE:
Immediately
