BILL NUMBER: S4202

SPONSOR: SAVINO
 
TITLE OF BILL:  An act to amend the penal law, in relation to prohib-
iting the manufacture, transport or shipment of undetectable knives and
prohibiting the possession of such knives

 
PURPOSE OR GENERAL IDEA OF BILL:

To prohibit the manufacture, transportation, shipment and possession of
an undetectable knife as defined.

 
SUMMARY OF SPECIFIC PROVISIONS:

Section 1 amends § 265.00 of the penal law to add a new subdivision 5-d
"Undetectable knife" which is defined as a knife or other instrument
that does not utilize materials that are detectable by a metal detector
or magnetometer at standard calibrations. Additionally it further
defines that the "undetectable knife" is capable of ready use as a stab-
bing or cutting weapon and was commercially manufactured as a weapon

              

Section 2 amends § 265.01 subdivision (2) of the penal law to read that
any person who possesses an undetectable knife with the intent to use
unlawfully against another will be charged with a class A misdemeanor.

Section 3 amends § 265.10 subdivisions (1) and (2) of the penal law,
making the manufacture, transportation or shipment of an undetectable
knife a class A misdemeanor.

 
JUSTIFICATION:

The original intent for the manufacture and sale of undetectable knives
was based on their advantageous use for the police and military during
covert operations. However, the general public has access to the
purchase of these weapons through online weapons distributors, print
catalogues, and other weapons outlets.

These weapons are 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 used for
metal knives. It is equally troubling that they are advertised as being
non-magnetic and can escape detection. In one instance, an undetectable
knife was used in a Compton, California courtroom, where a defendant
smuggled a ten-inch non-metallic knife past metal detectors and stabbed
two bailiffs.

These weapons present a severe security risk to any building that
utilizes a metal detector for the prevention of violence or possible
terrorist acts. The proliferation of these knives in our society aide
those who seek to inflict harm in areas where security is closely moni-
tored. We know firsthand how the possession of a seemingly innocuous
tool was used to hijack three planes and take thousands of lives. We
must learn from prior complacency and assume the role of a legislative
body that acts before a scheme targeting innocents materializes into
reality.

Possession of an "undetectable knife" would become a Class A misdemeanor
under section 256.01 of the Penal Law.

Manufacture, transportation or shipping of an "undetectable knife" would
become a Class A misdemeanor under section 256.10 of the Penal Law.

Upon conviction of either offense, a court could sentence an individual
to a maximum of one year in jail or three years probation.  Addi-
tionally, the court may impose a fine up to $1000 or twice the maximum
amount of any gain derived.

Exemption to for military, police and others: This bill would allow
members of the military, police officers and other persons exempted from
the possession, transportation or shipment provisions in § 265.01 and §
265.10 of the penal law, to retain or obtain this weapon for official
use. The statutory authority for this exemption derives from § 265.20 of
the penal law.

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

 
PRIOR LEGISLATIVE HISTORY:

2018 Session - S8475 - referred to Codes, no further action
2015-2016 Session - S.3455 - referred to Codes, no further action
2013-2014 Session - S.4784 - referred to Codes, no further action
Similar to S.6938 of 2010 Session

 
FISCAL IMPLICATIONS:

None

 
EFFECTIVE DATE:
This act shall take effect on November 1 next succeeding the date on
which it shall have become law.