NY State Senate Bill 2019-S3898

Senate Bill S3898

2019-2020 Legislative Session

Removes references of gravity knives as a dangerous weapon from certain provisions of the penal law relating to firearms and other dangerous weapons

download bill text pdf

Archive: Last Bill Status - Stricken

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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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Mar 11, 2019	recommit, enacting clause stricken
Feb 20, 2019	referred to codes

co-Sponsors

2019-S3898 (ACTIVE) - Details

Law Section:: Penal Law
Laws Affected:: Amd §§265.01, 10.00, 265.00, 265.10, 265.15 & 265.20, Pen L

2019-S3898 (ACTIVE) - Summary

Removes references of gravity knives as a dangerous weapon from certain provisions of the penal law relating to firearms and other dangerous weapons.

2019-S3898 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3898

SPONSOR: JACKSON
 
TITLE OF BILL:

An act to amend the penal law, in relation to gravity knives

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill will remove provisions of the penal code used to criminalize
basic utility knives

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 removes "gravity knife" from subsection 1 of section 265.01 of
the penal law.

Section 2 removes "gravity knife" from subdivision 12 of section 10.00
of the penal law.

Section 3 removes "gravity knife" from subdivision 5-c of section 265.00

of the penal law.

Section 4 removes "gravity knife" from subdivisions 1 and 2 of section
265.10 of the penal law.

Section 5 removes "gravity knife" from subdivision 3 of section 265.15
of the penal law.

Section 6 removes "gravity knife" from paragraphs 2 and 6 of subdivision
a of section 265.20 of the penal law.

Section 7 sets the effective date.

 
JUSTIFICATION:

In the 1950's, amid a widespread fear of knife crime, the legislature
enacted a sweeping ban of switch blades and gravity knives. Decades
later, coinciding with the rise of stop and frisk policing in New York
City, the application of this law spread to any common pocket knife,
resulting in thousands of arrests.

Those who have been arrested include:

Manhattan artist John Copeland, arrested in the East Village after
having been previously assured by officers that his knife was legal.  He
was offered an ACD.

Bernard Perez, an electrician who used his knife to strip wire, cut
fruit and clean his fingernails. Perez sued the city for false arrest
and won $57,000.

Carsten Vogel, who was a staunch NYPD supporter until he overheard a
conversation between the officers who arrested him for gravity knife
possession. Their casual references to arrests in pursuit of promotions
made Vogel feel like "a pawn."

Bed-Stuy folk singer and record label owner Christopher Stelling was
arrested for possession of a gravity knife that he used to open boxes in
his home office. Stelling is suing for violations of his 4th and 14th
Amendment rights and litigation is ongoing.

Jonathan Worthley, a sculptor who uses his knife in his work, had his
case dismissed and was awarded $7500 after suing.

Richard Neal, who had prior convictions, served 6 years in prison after
he was stopped for gravity knife possession.

Richard Neal is Black. John Copeland, Carsten Vogel, Christopher Stell-
ing and Jonathan Worthley are all White. At every step in the process of
gravity knife arrests, Black and Hispanic people fare worse than white
people. 86% of all arrests for gravity knife possession are of Black or
Hispanic suspects. 35% of White suspects stopped for a gravity knife are
arrested while 56% of Black or Hispanic suspects are.

Beyond the inequities that are clearly replicated in prosecutions of
gravity knife possession cases, there is a larger question of whether
these knives pose a threat to public safety. A widely reported increase
in slashings in 2016 in New York City, proved to be statistically insig-
nificant natural variation, not the beginning of an uptick in violent
crime. What's more, the only difference between an illegal gravity knife
and a legal fixed-blade knife is a gravity knife's folding mechanism.
The idea that a folding knife is somehow more dangerous than a knife
that doesn't fold is patently absurd. It is clear from the data that
stopping thousands of law-abiding New Yorkers for carrying common pocket
knives cannot contribute to public safety. Rather, these stops distract
officers from doing the work of keeping New York safe while unfairly
pushing New Yorkers with no unlawful intentions into the criminal
justice system.

This bill solves this problem by clarifying that the Legislature's
intent is not to ban pocket knives. Many states have repealed knife
bans, including New Hampshire, Missouri, Alaska, Indiana, Tennessee and
Maine with no accompanying increase in crime. It's time for New York to
join them.

 
PRIOR LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
Immediately

2019-S3898 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
     S. 3898                                                  A. 5944
 
                        2019-2020 Regular Sessions
 
                       S E N A T E - A S S E M B L Y
 
                             February 20, 2019
                                ___________
 
 IN SENATE -- Introduced by Sen. JACKSON -- read twice and ordered print-
   ed, and when printed to be committed to the Committee on Codes
 
 IN ASSEMBLY -- Introduced by M. of A. QUART -- read once and referred to
   the Committee on Codes
 
 AN ACT to amend the penal law, in relation to gravity knives

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subdivision 1 of  section  265.01  of  the  penal  law,  as
 amended by chapter 1 of the laws of 2013, 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,  cane  sword, billy, blackjack, bludgeon, plastic
 knuckles, metal knuckles, chuka stick, sand bag,  sandclub,  wrist-brace
 type slingshot or slungshot, shirken, or "Kung Fu star"; [or]
   §  2.  Subdivision 12 of section 10.00 of the penal law, as amended by
 chapter 257 of the laws of 2008, is amended to read as follows:
   12. "Deadly weapon" means any loaded weapon from which a shot, readily
 capable of producing death or other  serious  physical  injury,  may  be
 discharged,  or  a  switchblade  knife, [gravity knife,] pilum ballistic
 knife, metal knuckle knife, dagger, billy, blackjack, plastic  knuckles,
 or metal knuckles.
   §  3.  Subdivision 5-c of section 265.00 of the penal law, as added by
 chapter 510 of the laws of 2007, is amended to read as follows:
   5-c. "Automatic knife" includes a stiletto, a  switchblade  knife,  [a
 gravity  knife,]  a  cane  sword,  a  pilum ballistic knife, and a metal
 knuckle knife.
   § 4. 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:
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD08025-02-9

 S. 3898                             2                            A. 5944
 
   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, billy, blackjack, bludgeon,
 plastic knuckles, metal knuckles, Kung Fu star,  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, billy, blackjack,
 bludgeon, plastic knuckles, metal knuckles, Kung Fu star,  chuka  stick,
 sandbag or slungshot is guilty of a class A misdemeanor.
   §  5.  Subdivision 3 of section 265.15 of the penal law, as amended by
 chapter 257 of the laws of 2008, is amended to read as follows:
   3. The presence in an automobile, other than a stolen one or a  public
 omnibus,  of  any  firearm,  large  capacity  ammunition feeding device,
 defaced firearm, defaced rifle or shotgun, defaced large capacity  ammu-
 nition  feeding  device, firearm silencer, explosive or incendiary bomb,
 bombshell, [gravity knife,] switchblade knife,  pilum  ballistic  knife,
 metal  knuckle  knife, dagger, dirk, stiletto, billy, blackjack, plastic
 knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is
 presumptive evidence of its possession by  all  persons  occupying  such
 automobile  at  the  time such weapon, instrument or appliance is found,
 except under the following circumstances: (a) if such weapon, instrument
 or appliance is found upon the person of one of the  occupants  therein;
 (b)  if  such  weapon, instrument or appliance is found in an automobile
 which is being operated for hire by a duly licensed driver in  the  due,
 lawful  and  proper  pursuit  of his or her trade, then such presumption
 shall not apply to the driver; or (c) if the weapon so found is a pistol
 or revolver and one of the occupants, not present under duress,  has  in
 his  or  her  possession a valid license to have and carry concealed the
 same.
   § 6. Paragraphs 2 and 6 of subdivision a  of  section  265.20  of  the
 penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and
 paragraph  6 as amended by chapter 1041 of the laws of 1974, are amended
 to read as follows:
   2. Possession of a  machine-gun,  large  capacity  ammunition  feeding
 device,  firearm,  switchblade  knife,  [gravity knife,] pilum ballistic
 knife, billy or blackjack by a  warden,  superintendent,  headkeeper  or
 deputy  of a state prison, penitentiary, workhouse, county jail or other
 institution for the detention of persons convicted or accused  of  crime
 or  detained as witnesses in criminal cases, in pursuit of official duty
 or when duly authorized by regulation or order to possess the same.
   6. Possession of a switchblade [or gravity knife] for use while  hunt-
 ing,  trapping or fishing by a person carrying a valid license issued to
 him pursuant to section 11-0713 of the environmental conservation law.
   § 7. This act shall take effect immediately.

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Senate Bill S3898

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Sponsored By

Robert Jackson