Makes certain possession of a boxcutter unlawful

BILL NUMBER:S2237

Title of bill

An act to amend the penal law, in relation to unlawful possession of a boxcutter

Purpose/summary of provisions

To criminalize the possession of boxcutters and the disposition of boxcutters to children under the age of 16 years. Subdivision 1 defines "boxcutter" as any hand held knife or razor instrument commonly employed for opening cardboard cartons. Subdivision 2 amends Penal Law Section 265.01 (2) to add boxcutter to the list of dangerous implements, the possession of which constitute a Class A misdemeanor if possessed with the intent to use unlawfully against another. Subdivision 3 amends Penal Law, Section 265.05 to add boxcutter to the list of dangerous implements, the possession of which by a person under 16 years of age shall result in an adjudication of juvenile delinquency. By reference in Penal Law, Section 255.10(5), anyone who disposes of a boxcutter to a person under the age of 16 years is guilty of a Class A misdemeanor.

Existing law

It presently is a Class A misdemeanor for a person to possess a razor with the intent of using it unlawfully against another. This bill would expressly outlaw the possession of a boxcutter, a razor-type instrument, with intent to use the same against another unlawfully.

Justification

Recently the New York City Chancellor of Education noted that boxcutters are the weapons of choice in New York City schools because of the ease with which they may be obtained and concealed. A boxcutter is as deadly as a straight razor when employed against another person and can cause permanent physical injury and disfigurement.

Legislative history

New Bill.

Fiscal implications

None.

Effective date

First of November next succeeding the date on which it shall have become a law.