NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
 
BILL NUMBER: A4816
SPONSOR: Colton (MS)
 
TITLE OF BILL:
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
 
PURPOSE OR GENERAL IDEA OF BILL:
To prohibit the manufacture, transportation, shipment and possession of
an undetectable knife as defined.
 
SUMMARY OF SPECIFIC PROVISIONS:
Section 1 amends S 265.00 of the penal law to add a new subdivision 5-d
"Undetectable knife."
Section 2 amends § 265.01, subdivision (2) of the penal law to read that
any person who possesses an undetectable knife with the intent to use
unlawfully against another will be charged with a class A misdemeanor.
Section 3 amends § 265.10 subdivisions (1) and (2) of the penal law,
making the manufacture, transportation or shipment of an undetectable
knife a class A misdemeanor.
 
JUSTIFICATION:
The original intent for the manufacture and sale of undetectable knives
was based on their advantageous use for the police and military during
covert operations. However, the general public has access to the
purchase of these weapons through online weapons distributors, print
catalogues, and other weapons outlets.
These weapons are strong enough to penetrate steel drums, car doors,
wood planks, etc. without damage to the knife. These weapons are also
serrated and can be sharpened with standard sharpening devices used for
metal knives. It is equally troubling that they are advertised as being
non-magnetic and can escape detection. In one instance, an undetectable
knife was used in a Compton, California courtroom, where a defendant
smuggled a ten inch non-metallic knife past metal detectors and stabbed
two bailiffs.
These weapons present a severe security risk to any building that
utilizes a metal detector for the prevention of violence or possible
terrorist gets. The proliferation of these knives in our society and
those who seek to inflict harm in areas where security is closely moni-
tored is a threat where immediate actions must be taken. We know first-
hand how the possession of a seemingly innocuous tool was used to hijack
three planes and take thousands of lives. We must learn from prior
complacency and assume the role of a legislative body that acts proac-
tively before a scheme targeting innocents materializes into reality.
This bill would allow members of the military, police officers and other
persons exempted the possession, transportation or shipment provisions
in § 265.01 and § 265.10 of the penal law, to retain or obtain this
weapon for official use, The statutory authority for this exemption
derives from § 265.20 of the panel law. This legislation is modeled
after a provision in California's "Dangerous Weapons Control Law."
 
PRIOR LEGISLATIVE HISTORY:
2013-14: 2092-A/Passed; S.4784-A/Codes
2009-10: A.10036/Codes; S.6938/Codes
 
FISCAL IMPLICATIONS:
None
 
EFFECTIVE DATE:
This act shall take effect on the first of November next succeeding the
date on which it shall have become a law.
STATE OF NEW YORK
________________________________________________________________________
4816
2019-2020 Regular Sessions
IN ASSEMBLY
February 5, 2019
___________
Introduced by M. of A. COLTON, WEPRIN, ZEBROWSKI, JAFFEE, LAVINE,
M. G. MILLER, ARROYO, McDONOUGH, BLAKE, LAWRENCE, ABINANTI, DICKENS,
D'URSO, GOTTFRIED, MONTESANO -- Multi-Sponsored by -- M. of A. COOK,
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:
1 Section 1. Section 265.00 of the penal law is amended by adding a new
2 subdivision 5-d to read as follows:
3 5-d. "Undetectable knife" means any knife or other instrument, which
4 does not utilize materials that are detectable by a metal detector or
5 magnetometer when set at a standard calibration, that is capable of
6 ready use as a stabbing or cutting weapon and was commercially manufac-
7 tured to be used as a weapon.
8 § 2. Subdivision 2 of section 265.01 of the penal law, as amended by
9 chapter 269 of the laws of 2016, is amended to read as follows:
10 (2) He or she possesses any dagger, dangerous knife, dirk, machete,
11 razor, stiletto, imitation pistol, undetectable knife or any other
12 dangerous or deadly instrument or weapon with intent to use the same
13 unlawfully against another; or
14 § 3. Subdivisions 1 and 2 of section 265.10 of the penal law, as
15 amended by chapter 257 of the laws of 2008, are amended to read as
16 follows:
17 1. Any person who manufactures or causes to be manufactured any
18 machine-gun, assault weapon, large capacity ammunition feeding device or
19 disguised gun is guilty of a class D felony. Any person who manufactures
20 or causes to be manufactured any switchblade knife, gravity knife, pilum
21 ballistic knife, metal knuckle knife, undetectable knife, billy,
22 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.
LBD03754-01-9
A. 4816 2
1 chuka stick, sandbag, sandclub or slungshot is guilty of a class A
2 misdemeanor.
3 2. Any person who transports or ships any machine-gun, firearm silenc-
4 er, assault weapon or large capacity ammunition feeding device or
5 disguised gun, or who transports or ships as merchandise five or more
6 firearms, is guilty of a class D felony. Any person who transports or
7 ships as merchandise any firearm, other than an assault weapon, switch-
8 blade knife, gravity knife, pilum ballistic knife, undetectable knife,
9 billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu
10 star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
11 nor.
12 § 4. This act shall take effect on the first of November next succeed-
13 ing the date on which it shall have become a law.