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S8475Senate2017-2018 SessionSame asA3729

Ban Undetectable Knives

Official title

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

Sponsor Diane J. SavinoSD-23Affects Legal
Status
In Senate Committee
Codes
Impact
5/10
Moderate
Passage
0%

Bill progress

Step 2 of 7

In committee · Codes

What's happening

This bill prohibits the manufacture, transport, shipment, and possession of undetectable knives in New York State.

Why it matters

  1. Addresses security gaps. By targeting knives made from materials that can't be detected by metal detectors or magnetometers, the bill aims to prevent weapons from being smuggled into secure locations like airports, government buildings, and schools.

  2. Expands legal definitions. The bill adds “undetectable knife” as a defined weapon in New York’s penal law, ensuring that these items are explicitly covered by existing laws on weapon possession and use.

  3. Creates new criminal penalties. Manufacturing, transporting, shipping, or possessing undetectable knives will now be subject to misdemeanor criminal charges, deterring both the production and distribution of such weapons.

  4. Closes loopholes. By including commercially manufactured undetectable knives, the bill seeks to address advancements in weapon technology (such as 3D-printed or ceramic knives) that may have previously evaded regulation.

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Who cares

Headline styles

Ban Undetectable Knives

Plain English, a few words. Used as the page title.

Sponsors

Primary sponsor
Diane J. Savino

Senator · Senate District 23

No co-sponsors yet.

History

  1. 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.

A3729Assembly

Ban Undetectable Knives

Assembly Floor Calendar · Sponsor William Colton

Impact 6 · Moderate0% to pass

Full text

2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗

STATE OF NEW YORK

8475

IN SENATE

May 8, 2018

Introduced by Sen. SAVINO -- read twice and ordered printed, and when printed to be committed to the Committee on Codes

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

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

Section 1. Section 265.00 of the penal law is amended by adding a new subdivision 5-d to read as follows:

5-d. "Undetectable knife" means any knife or other instrument, which does not utilize materials that are detectable by a metal detector or magnetometer when set at a standard calibration, that is capable of ready use as a stabbing or cutting weapon and was commercially manufactured to be used as a weapon.

§ 2. Subdivision 2 of section 265.01 of the penal law, as amended by chapter 269 of the laws of 2016, is amended to read as follows:

(2) He or she possesses any dagger, dangerous knife, dirk, machete, razor, stiletto, imitation pistol, undetectable knife or any other dangerous or deadly instrument or weapon with intent to use the same unlawfully against another; or

§ 3. Subdivisions 1 and 2 of section 265.10 of the penal law, as amended by chapter 257 of the laws of 2008, are amended to read as follows:

1. Any person who manufactures or causes to be manufactured any machine-gun, assault weapon, large capacity ammunition feeding device or disguised gun is guilty of a class D felony. Any person who manufactures or causes to be manufactured any switchblade knife, gravity knife, pilum ballistic knife, metal knuckle knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag, sandclub or slungshot is guilty of a class A misdemeanor.

2. Any person who transports or ships any machine-gun, firearm silencer, assault weapon or large capacity ammunition feeding device or disguised gun, or who transports or ships as merchandise five or more

EXPLANATION--Matter in italics (underscored) is new; matter in brackets

[ ] is old law to be omitted.

LBD04985-01-7

S. 8475 2

firearms, is guilty of a class D felony. Any person who transports or ships as merchandise any firearm, other than an assault weapon, switchblade knife, gravity knife, pilum ballistic knife, undetectable knife, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A misdemeanor.

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

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 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

Read the full memo (626 words)

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

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

Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.