NY State Assembly Bill 2009-A10036

Assembly Bill A10036

2009-2010 Legislative Session

Provides that any person who manufactures or causes to manufacture, or knowingly imports, offers or exposes for commercial sale an undetectable knife is guilty of a misdemeanor

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Archive: Last Bill Status - In Assembly Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Feb 26, 2010	referred to codes

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2009-A10036 (ACTIVE) - Details

See Senate Version of this Bill:: S6938
Current Committee:: Assembly Codes
Law Section:: Penal Law
Laws Affected:: Add §265.41, amd §§265.01 & 265.20, Pen L
Versions Introduced in Other Legislative Sessions:: 2011-2012: A3622, S617
2013-2014: A2092
2015-2016: A4697
2017-2018: A3729
2019-2020: A4816

2009-A10036 (ACTIVE) - Summary

Provides that any person who manufactures or causes to manufacture, or knowingly imports, offers or exposes for commercial sale an undetectable knife is guilty of a misdemeanor; in relation to requiring manufacturers of undetectable knives to include materials detectable by a metal detector; in relation to exempting knives sold to certain entities.

2009-A10036 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:A10036

TITLE  OF BILL:  An act to amend the penal law, in relation to providing
that any person who manufactures or causes to manufacture, or  knowingly
imports,  offers or exposes for commercial sale an undetectable knife is
guilty of a misdemeanor; in relation to requiring manufacturers of unde-
tectable knives to include materials detectable by a metal detector;  in
relation to exempting knives sold to certain entities

PURPOSE  OR  GENERAL IDEA OF BILL: To prohibit the manufacture, importa-
tion or exportation, sale and possession of  an  undetectable  knife  as
defined.

SUMMARY  OF  SPECIFIC  PROVISIONS:    Section  1 amends the penal law to
include a new section §265.41 "Prohibited manufacture, import or  export
of undetectable knives for commercial sale."

Subdivision  1  describes  the  new  offense being created of prohibited
manufacture, import or export  of  undetectable  knives  for  commercial
sale.

Subdivision  2  defines  the term "undetectable knife" as a commercially
manufactured stabbing weapon that is not detectable by a metal  detector
or magnetometer.

Subdivision  3  states  that all knives or other instruments that can be

used as a stabbing weapon shall be  manufactured  to  include  materials
that will ensure they are detectable by a metal detector or magnetometer
after January first, two thousand twelve.

Subdivision 4 states that the section shall not apply to the manufacture
or  importation  for  sale of undetectable knives to federal, state, and
local historical societies, museums, and institutional collections which
are open to the public.

Violation of this new section is a class A misdemeanor.

Section 2 amends subdivision 1 of §265.01 of the penal law to insert the
term "undetectable knife" to a list of weapons of which possession by  a
person would be a class A misdemeanor.

Section  3  amends  the  opening paragraph of subdivision (a) of section
265.20 of the Penal Law to include the new  §265.4  making  the  section
exempt to certain police and military entities.

JUSTIFICATION:    The  original  intent  foe the manufacture and sale of
undetectable knives was based on their advantageous use for  the  police
and military during covert operations. however, the public at large have
access  to the purchase of such weapons through online weapons distribu-
tors, print catalogues and other weapons outlets.

These weapons arc 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 for metal
knives. It is equally troubling that they are often advertised as  being
non-magnetic.

These  weapons  present  a  severe  security  risk  to any building that
utilizes a  metal  detector  or  employment  of  magnetometers  for  the
prevention of violence or possible terrorist acts. There have been cases
when  such  weapons  have been used in courtrooms, such as in a Compton,
California courtroom, where a defendant used a 10-inch plastic knife  to
stab two bailiffs.

While there is no known trend in terrorists using these weapons in their
repertoire, we must enact pre-emptive legislation in order to keep ahead
of  the  curve  and  to  prevent potential situations which threaten the
lives of our citizens.

This legislation is modeled after a provision in California's "Dangerous
Weapons Control Law."

PRIOR LEGISLATIVE HISTORY: New bill

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 law.

2009-A10036 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

    S. 6938                                                 A. 10036

                      S E N A T E - A S S E M B L Y

                            February 26, 2010
                               ___________

IN SENATE -- Introduced by Sen. KLEIN -- read twice and ordered printed,
  and when printed to be committed to the Committee on Codes

IN  ASSEMBLY  -- Introduced by M. of A. COLTON -- read once and referred
  to the Committee on Codes

AN ACT to amend the penal law, in relation to providing that any  person
  who  manufactures  or  causes  to  manufacture,  or knowingly imports,
  offers or exposes for commercial sale an undetectable knife is  guilty
  of  a misdemeanor; in relation to requiring manufacturers of undetect-
  able knives to include materials detectable by a  metal  detector;  in
  relation to exempting knives sold to certain entities

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The penal law is amended by adding a new section 265.41  to
read as follows:
S 265.41 PROHIBITED MANUFACTURE, IMPORT OR EXPORT OF UNDETECTABLE KNIVES
           FOR COMMERCIAL SALE.
  (1)  A PERSON IS GUILTY OF PROHIBITED MANUFACTURE, IMPORT OR EXPORT OF
UNDETECTABLE KNIVES FOR COMMERCIAL SALE WHEN, IN THIS STATE, SUCH PERSON
COMMERCIALLY MANUFACTURES OR CAUSES TO BE COMMERCIALLY MANUFACTURED,  OR
WHO  KNOWINGLY  IMPORTS INTO THE STATE FOR COMMERCIAL SALE, OR WHO KNOW-
INGLY EXPORTS FROM THIS STATE FOR  COMMERCIAL,  DEALER,  WHOLESALER,  OR
DISTRIBUTOR SALE, OR KEEPS FOR COMMERCIAL SALE, OR OFFERS OR EXPOSES FOR
COMMERCIAL,  DEALER,  WHOLESALER,  OR DISTRIBUTOR SALE, ANY UNDETECTABLE
KNIFE.
  (2) AS USED IN THIS ARTICLE, AN "UNDETECTABLE KNIFE" MEANS  ANY  KNIFE
OR  OTHER  INSTRUMENT  WITH  OR  WITHOUT A HAND GUARD THAT IS CAPABLE OF
READY USE AS A STABBING WEAPON THAT MAY INFLICT SERIOUS PHYSICAL  INJURY
OR  DEATH,  THAT IS COMMERCIALLY MANUFACTURED TO BE USED AS A WEAPON AND
IS NOT DETECTABLE BY A METAL DETECTOR OR MAGNETOMETER,  EITHER  HANDHELD
OR OTHERWISE, THAT IS SET AT STANDARD CALIBRATION.
  (3)  NOTWITHSTANDING  ANY  OTHER  PROVISION OF LAW, COMMENCING JANUARY
FIRST, TWO THOUSAND TWELVE, ALL KNIVES  OR  OTHER  INSTRUMENTS  WITH  OR
WITHOUT  A HAND GUARD THAT ARE CAPABLE OF READY USE AS A STABBING WEAPON

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15761-03-0

S. 6938                             2                           A. 10036

THAT MAY INFLICT SERIOUS PHYSICAL INJURY OR DEATH WHICH ARE COMMERCIALLY
MANUFACTURED IN THIS STATE AND  THAT  UTILIZE  MATERIALS  THAT  ARE  NOT
DETECTABLE BY A METAL DETECTOR OR MAGNETOMETER, SHALL BE MANUFACTURED TO
INCLUDE MATERIALS THAT WILL ENSURE THEY ARE DETECTABLE BY A METAL DETEC-
TOR OR MAGNETOMETER, EITHER HANDHELD OR OTHERWISE, THAT IS SET AT STAND-
ARD CALIBRATION.
  (4)  THIS SECTION SHALL NOT APPLY TO THE MANUFACTURE OR IMPORTATION OF
UNDETECTABLE KNIVES FOR SALE TO FEDERAL,  STATE,  AND  LOCAL  HISTORICAL
SOCIETIES,  MUSEUMS, AND INSTITUTIONAL COLLECTIONS WHICH ARE OPEN TO THE
PUBLIC, PROVIDED THAT SUCH UNDETECTABLE KNIVES ARE PROPERLY  HOUSED  AND
SECURED  FROM UNAUTHORIZED HANDLING, NOR SHALL THIS SECTION APPLY TO THE
SUBSEQUENT  SALE  OF  SUCH  KNIVES  TO  SUCH  SOCIETIES,  MUSEUMS,   AND
COLLECTIONS.
  PROHIBITED  MANUFACTURE,  IMPORT  OR EXPORT OF UNDETECTABLE KNIVES FOR
COMMERCIAL SALE IS A CLASS A MISDEMEANOR.
  S 2. Subdivision 1 of section 265.01 of the penal law, as  amended  by
chapter 257 of the laws of 2008, 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, UNDETECTABLE KNIFE, cane sword, billy,  blackjack,  blud-
geon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub,
wrist-brace type slingshot or slungshot, shirken or "Kung Fu star"; or
  S  3.  The opening paragraph of subdivision a of section 265.20 of the
penal law, as amended by chapter 496 of the laws of 1991, is amended  to
read as follows:
  Sections  265.01,  265.02,  265.03,  265.04,  265.05,  265.10, 265.11,
265.12, 265.13, 265.15, 265.41 and 270.05 shall not apply to:
  S 4. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.

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Assembly Bill A10036

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Sponsored By

COLTON

Archive: Last Bill Status - In Assembly Committee

co-Sponsors

Frank Skartados

Nelson Castro

Steven Cymbrowitz

Michael G. Miller

multi-Sponsors

Alec Brook-Krasny

Michael DenDekker

Dennis H. Gabryszak

Richard Gottfried

2009-A10036 (ACTIVE) - Details

2009-A10036 (ACTIVE) - Summary

2009-A10036 (ACTIVE) - Sponsor Memo

2009-A10036 (ACTIVE) - Bill Text download pdf

Comments