BILL NUMBER:  S4769A

 TITLE OF BILL :

An act to amend the penal law, in relation to the definition of a
gravity knife

 PURPOSE OR GENERAL IDEA OF BILL :

To clarify the definition of a gravity knife.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 defines "gravity knife."

Section 2 is the effective date.

 JUSTIFICATION :

In the 1950s, amid a widespread fear of knife crime, the Legislature
enacted a sweeping ban of switch blades and gravity knives. Decades
later, the application of this law has been expanded to include any
common folding knife. Today, the Legal Aid Society estimates at least
5,000 New Yorkers are arrested every year for carrying a pocket knife.

Crime in New York City remains at the lowest levels in modern history.
              

Much of this is due to the good work of NYPD officers in preventing
crime before it happens, in partnership with communities and other
agencies. By taking steps to identify predictive markers of crime and
addressing problems before they become crimes, New York City is one of
the safest big cities in the world. The issue of these knives
distracts officers from doing the work of keeping New York safe while
unfairly pushing New Yorkers with no unlawful intentions and who
present no danger to public safety into the criminal justice system.

The problem is clear, and there is near unanimous support for finding
a solution. In 2016, a similar bill overwhelmingly passed each House
of the Legislature with bipartisan support; unfortunately, that bill
was vetoed. Organizational support has come from the NRA, the Legal
Aid Society, Knife Rights, Brooklyn Defender Services, the Chief
Defenders Association of New York, IATSE, Safari Club International,
the Congressional Sportsmen's Foundation, the NAACP Legal Defense
Fund, JustLeadershipUSA, the AFL-CIO, the New York State Black, Puerto
Rican, Hispanic and Asian Legislation Caucus, criminal law professors
at Yale Law School, and the NYCLU. Even the Governor's veto message,
admits that the current situation is untenable. This legislation
addresses his concerns with that bill.

This bill will solve the problem by clarifying that the Legislature's
intent is not to ban all pocket knives, but to ban switchblades and
gravity knives, two very specific kinds of weapons with very specific
characteristic mechanisms. Many states have passed similar
legislation, including Georgia, Kansas, Missouri and New Hampshire,
without any resultant increase in crime. Further, this bill will
ensure that the Legislature's intent is clear for prosecutors
statewide and will secure uniformity in the law's interpretations. New
Yorkers should not worry that a knife that is allowed in Onondaga
County will be illegal in Manhattan.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill. Similar legislation passed both Houses in 2016,
but was vetoed.

 FISCAL IMPLICATIONS :

None.

 EFFECTIVE DATE :
Immediately.