S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3729
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             January 30, 2017
                                ___________
 
 Introduced  by M. of A. COLTON, WEPRIN, ZEBROWSKI, JAFFEE, LAVINE, HOOP-
   ER, M. G. MILLER, ARROYO, McDONOUGH, BLAKE,  LAWRENCE  --  Multi-Spon-
   sored  by  -- M. of A. COOK, MONTESANO, 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:
 
   Section 1. Section 265.00 of the penal law is amended by adding a  new
 subdivision 5-d to read as follows:
   5-D.  "UNDETECTABLE  KNIFE" MEANS ANY KNIFE OR OTHER INSTRUMENT, WHICH
 DOES NOT UTILIZE MATERIALS THAT ARE DETECTABLE BY A  METAL  DETECTOR  OR
 MAGNETOMETER  WHEN  SET  AT  A  STANDARD CALIBRATION, THAT IS CAPABLE OF
 READY USE AS A STABBING OR CUTTING WEAPON AND WAS COMMERCIALLY  MANUFAC-
 TURED TO BE USED AS A WEAPON.
   §  2.  Subdivision 2 of section 265.01 of the penal law, as amended by
 chapter 269 of the laws of 2016, is amended to read as follows:
   (2) He or she possesses any dagger, dangerous  knife,  dirk,  machete,
 razor,  stiletto,  imitation  pistol,  UNDETECTABLE  KNIFE  or any other
 dangerous or deadly instrument or weapon with intent  to  use  the  same
 unlawfully against another; or
   §  3.  Subdivisions  1  and  2  of section 265.10 of the penal law, as
 amended by chapter 257 of the laws of  2008,  are  amended  to  read  as
 follows:
   1.  Any  person  who  manufactures  or  causes  to be manufactured any
 machine-gun, assault weapon, large capacity ammunition feeding device or
 disguised gun is guilty of a class D felony. Any person who manufactures
 or causes to be manufactured any switchblade knife, gravity knife, pilum
 ballistic  knife,  metal  knuckle  knife,  UNDETECTABLE  KNIFE,   billy,
 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.
              

                                                            LBD04985-01-7

 A. 3729                             2
 
 chuka stick, sandbag, sandclub or slungshot  is  guilty  of  a  class  A
 misdemeanor.
   2. Any person who transports or ships any machine-gun, firearm silenc-
 er,  assault  weapon  or  large  capacity  ammunition  feeding device or
 disguised gun, or who transports or ships as merchandise  five  or  more
 firearms,  is  guilty  of a class D felony. Any person who transports or
 ships as merchandise any firearm, other than an assault weapon,  switch-
 blade  knife,  gravity knife, pilum ballistic knife, UNDETECTABLE KNIFE,
 billy, blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu
 star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
 nor.
   § 4. This act shall take effect on the first of November next succeed-
 ing the date on which it shall have become a law.