Provides that criminal possession of a weapon in the fourth degree shall include possession of a boxcutter by a person with intent to use it unlawfully against another; prohibits possession of a boxcutter by a person under the age of sixteen; defines "boxcutter" to mean a knife consisting of a razor blade or sharp edged instrument attached to or contained within a plastic, wood or metal housing.
STATE OF NEW YORK
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2237
2011-2012 Regular Sessions
IN SENATE
January 18, 2011
___________
Introduced by Sen. KRUGER -- read twice and ordered printed, and when
printed to be committed to the Committee on Codes
AN ACT to amend the penal law, in relation to unlawful possession of a
boxcutter
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 24 to read as follows:
3 24. "Boxcutter" or "utility knife" means a knife consisting of a razor
4 blade or sharp-edged instrument attached to or contained within a plas-
5 tic, wood or metal housing.
6 § 2. Subdivision 2 of section 265.01 of the penal law, as amended by
7 chapter 220 of the laws of 1988, is amended to read as follows:
8 (2) He possesses any dagger, dangerous knife, dirk, razor, boxcutter,
9 utility knife, razor blade, stiletto, imitation pistol, or any other
10 dangerous or deadly instrument or weapon with intent to use the same
11 unlawfully against another; or
12 § 3. Section 265.05 of the penal law, as amended by chapter 56 of the
13 laws of 1985, is amended to read as follows:
14 § 265.05 Unlawful possession of weapons by persons under sixteen.
15 It shall be unlawful for any person under the age of sixteen to
16 possess any air-gun, spring-gun or other instrument or weapon in which
17 the propelling force is a spring or air, or any gun or any instrument or
18 weapon in or upon which any loaded or blank cartridges may be used, or
19 any loaded or blank cartridges or ammunition therefor, or any boxcutter,
20 utility knife or razor blade in or upon a building or grounds used for
21 educational purposes, of any public or private elementary, parochial,
22 intermediate, junior high, vocational, or high school, which is not
23 being used in an educational or job-related function or dangerous knife;
24 provided that the possession of rifle or shotgun or ammunition therefor
25 by the holder of a hunting license or permit issued pursuant to article
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD07410-01-1
S. 2237 2
1 eleven of the environmental conservation law and used in accordance with
2 said law shall not be governed by this section.
3 A person who violates the provisions of this section shall be adjudged
4 a juvenile delinquent.
5 § 4. Section 265.06 of the penal law, as added by chapter 268 of the
6 laws of 1994, is amended to read as follows:
7 § 265.06 Unlawful possession of a weapon upon school grounds.
8 It shall be unlawful for any person age sixteen or older to knowingly
9 possess any air-gun, spring-gun or other instrument or weapon in which
10 the propelling force is a spring, air, piston or CO2 cartridge, or a
11 boxcutter, utility knife or razor blade in or upon a building or
12 grounds, used for educational purposes, of any school, college or
13 university, without the written authorization of such educational insti-
14 tution.
15 Unlawful possession of a weapon upon school grounds is a violation.
16 § 5. This act shall take effect on the first of November next succeed-
17 ing the date on which it shall have become a law.
