Prohibits the manufacture, import or export for commercial sale, or possession of an undetectable knife is guilty of a class A misdemeanor

BILL NUMBER:S617

Title of bill

An act to amend the penal law, in relation to prohibiting the manufacture, import or export of undetectable knives for commercial sale, prohibiting the possession of such knives, requiring manufacturers of undetectable knives to include materials detectable by a metal detector and exempting such knives sold to certain entities

Purpose or general idea of bill

To prohibit the manufacture, importation or exportation, sale and possession of an undetectable knife as defined.

Summary of specific provisions

Section 1 amends the penal law to include a new section §265.45 "Prohibited manufacture, import or export of undetectable knives for commercial sale."

Subdivision 1 describes the new offense being created of prohibited manufacture, import or export of undetectable knives for commercial sale.

Subdivision 2 defines the term "undetectable knife" as a commercially manufactured stabbing weapon that is not detectable by a metal detector or magnetometer.

Subdivision 3 states that all knives or other instruments that can be used as a stabbing weapon shall be manufactured to include materials that will ensure they are detectable by a metal detector or magnetometer after January first, two thousand twelve.

Subdivision 4 states that the section shall not apply to the manufacture or importation for sale of undetectable knives to federal, state, and local historical societies, museums, and institutional collections which are open to the public.

Violation of this new section is a class A misdemeanor.

Section 2 amends subdivision 1 of §265.01 of the penal law to insert the term "undetectable knife" to a list of weapons of which possession by a person would be a class A misdemeanor.

Section 3 amends the opening paragraph of subdivision (a) of section 265.20 of the Penal Law to include the new §265.41, making the section exempt to certain police and military entities.

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 public at large have access to the purchase of such 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 for metal knives. It is equally troubling that they are often advertised as being non-magnetic.

These weapons present a severe security risk to any building that utilizes a metal detector or employment of magnetometers for the prevention of violence or possible terrorist acts. There have been cases when such weapons have been used in courtrooms, such as in a Compton, California courtroom, where a defendant used a 10-inch plastic knife to stab two bailiffs.

While there is no known trend in terrorists using these weapons in their repertoire, We must enact pre-emptive legislation in order to keep ahead of the curve and to prevent potential situations which threaten the lives of our citizens.

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

Prior legislative history

2010: S.6938 - Referred to Codes

Fiscal implications

None.

Effective date

This act shall take effect on the first of November next succeeding the date on which it shall have become law.