Prohibits the manufacture, transport, shipment or possession of an undetectable knife

BILL NUMBER:S4784A

Title of bill

An act to amend the penal law, in relation to prohibiting 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."

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-megnetic 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 gets. The proliferation of these knives in our society and those who seek to inflict harm in areas where security is closely monitored. We know first hand 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.

This bill would allow members of the military, police officers and other persons exempted the 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 panel law.

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

Prior legislative history

2009-10: A.10036/Codes: S.6938/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.