What's happening
This bill narrows the legal definition of a "gravity knife" to only those opened solely by gravity, not centrifugal force.
Why it matters
Reduces the risk of unintentional criminal charges. By narrowing the definition of a "gravity knife," fewer common folding knives (often opened by a flick of the wrist) will be classified as illegal, protecting people—especially tradespeople and hobbyists—from prosecution for carrying tools used in their work.
Addresses longstanding legal ambiguity. The previous definition included knives opened by "centrifugal force," which led to confusion and inconsistent enforcement. The new language clarifies what constitutes a gravity knife, making the law more predictable and fair.
Responds to civil rights and fairness concerns. The old law has been criticized for disproportionately affecting certain communities, including people of color, in New York City. By narrowing the scope, the bill aims to reduce such disparities in arrests and prosecutions related to knife possession.
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Who cares
Headline styles
Clarify Gravity Knife Definition
Plain English, a few words. Used as the page title.
Sponsors
1 Co-sponsor
History
- Substituted by A5667A
- Advanced to third reading
- 2nd report cal.
- 1st report cal.1031
- Print number 4769a
- Amend and recommit to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Clarify Gravity Knife Definition
Vetoed · Sponsor Dan Quart
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4769--A
2017-2018 Regular Sessions
IN SENATE
February 28, 2017
Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes -- committee discharged, bill amended, ordered reprinted as amended and recommitted to said committee
AN ACT to amend the penal law, in relation to the definition of a gravity knife
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 5 of section 265.00 of the penal law is amended to read as follows:
5. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof solely by the force of gravity [or the application of centrifugal force] which, when released, is locked in place by means of a button, spring, lever or other device.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09626-03-7
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the penal law, in relation to the definition of a gravity knife
Purpose or general idea of bill
To clarify the definition of a gravity knife.
Summary of specific provisions
Section 1 defines "gravity knife."
Section 2 is the effective date.
Justification
In the 1950s, amid a widespread fear of knife crime, the Legislature enacted a sweeping ban of switch blades and gravity knives. Decades later, the application of this law has been expanded to include any common folding knife. Today, the Legal Aid Society estimates at least 5,000 New Yorkers are arrested every year for carrying a pocket knife.
Crime in New York City remains at the lowest levels in modern history. Much of this is due to the good work of NYPD officers in preventing crime before it happens, in partnership with communities and other agencies. By taking steps to identify predictive markers of crime and addressing problems before they become crimes, New York City is one of the safest big cities in the world. The issue of these knives distracts officers from doing the work of keeping New York safe while unfairly pushing New Yorkers with no unlawful intentions and who present no danger to public safety into the criminal justice system.
The problem is clear, and there is near unanimous support for finding a solution. In 2016, a similar bill overwhelmingly passed each House of the Legislature with bipartisan support; unfortunately, that bill was vetoed. Organizational support has come from the NRA, the Legal Aid Society, Knife Rights, Brooklyn Defender Services, the Chief Defenders Association of New York, IATSE, Safari Club International, the Congressional Sportsmen's Foundation, the NAACP Legal Defense Fund, JustLeadershipUSA, the AFL-CIO, the New York State Black, Puerto Rican, Hispanic and Asian Legislation Caucus, criminal law professors at Yale Law School, and the NYCLU. Even the Governor's veto message, admits that the current situation is untenable. This legislation addresses his concerns with that bill.
This bill will solve the problem by clarifying that the Legislature's intent is not to ban all pocket knives, but to ban switchblades and gravity knives, two very specific kinds of weapons with very specific characteristic mechanisms. Many states have passed similar legislation, including Georgia, Kansas, Missouri and New Hampshire, without any resultant increase in crime. Further, this bill will ensure that the Legislature's intent is clear for prosecutors statewide and will secure uniformity in the law's interpretations. New Yorkers should not worry that a knife that is allowed in Onondaga County will be illegal in Manhattan.
Prior legislative history
This is a new bill. Similar legislation passed both Houses in 2016, but was vetoed.
Fiscal implications
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.