S T A T E   O F   N E W   Y O R K
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                                   435

                       2011-2012 Regular Sessions

                          I N  A S S E M B L Y

                               (PREFILED)

                             January 5, 2011
                               ___________

Introduced  by  M. of A. LENTOL -- Multi-Sponsored by -- M. of A. CUSICK
  -- read once and referred to the Committee on Codes

AN ACT to amend  the  penal  law,  in  relation  to  the  possession  of
  disguised knives

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

  Section 1. Section 265.00 of the penal law is amended by adding a  new
subdivision 24 to read as follows:
  24.  "DISGUISED  KNIFE" MEANS ANY KNIFE WHICH IS DESIGNED TO APPEAR AS
AN OBJECT OTHER THAN A KNIFE, SUCH AS A COMB, WRITING INSTRUMENT,  CIGA-
RETTE  LIGHTER OR OTHER OBJECT COMMONLY CARRIED ON THE PERSON, AND WHICH
INCLUDES A BLADE CONCEALED WITHIN SUCH OBJECT.
  S 2. Subdivisions 6, 7 and 8 of  section  265.01  of  the  penal  law,
subdivision  6 as added by chapter 1041 of the laws of 1974, subdivision
7 as added by chapter 807 of the laws of 1981 and subdivision 8 as added
by chapter 646 of the laws of 1986, are amended and a new subdivision  9
is added to read as follows:
  (6)  He  OR  SHE  is  a  person who has been certified not suitable to
possess a rifle or shotgun, as defined in subdivision sixteen of section
265.00, and refuses to yield possession of such rifle  or  shotgun  upon
the demand of a police officer. Whenever a person is certified not suit-
able to possess a rifle or shotgun, a member of the police department to
which  such  certification is made, or of the state police, shall forth-
with seize any rifle or shotgun possessed by such  person.  A  rifle  or
shotgun  seized  as herein provided shall not be destroyed, but shall be
delivered to the  headquarters  of  such  police  department,  or  state
police,  and  there  retained  until  the aforesaid certificate has been
rescinded by the director or physician in charge, or  other  disposition
of  such  rifle  or shotgun has been ordered or authorized by a court of
competent jurisdiction[.]; OR

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

                                                           LBD03466-01-1

A. 435                              2

  (7) He OR SHE knowingly possesses a  bullet  containing  an  explosive
substance designed to detonate upon impact[.]; OR
  (8)  He  OR SHE possesses any armor piercing ammunition with intent to
use the same unlawfully against another[.]; OR
  (9) HE OR SHE POSSESSES ANY DISGUISED KNIFE.
  S 3. This act shall take effect on the first of November next succeed-
ing the date on which it shall have become a law.