What's happening
This bill redefines "switchblade" and "gravity knife" to exclude knives with mechanisms that require manual effort to open.
Why it matters
Narrows the scope of criminal liability. By redefining "switchblade" and "gravity knife" to exclude knives that require manual force to open (such as those with spring-assisted mechanisms that resist opening), the bill reduces the risk that people carrying common folding knives or tools will face criminal charges.
Addresses ambiguity in knife laws. The previous definitions led to confusion and inconsistent enforcement, with some everyday pocketknives being classified as illegal. The new language clarifies what constitutes a prohibited knife, making it easier for both the public and law enforcement to understand the law.
Responds to concerns about fairness and equity. Many individuals, particularly tradespeople and workers in urban areas, have been arrested or prosecuted under the old definitions for carrying work tools. This change aims to prevent such potentially unjust legal consequences for law-abiding citizens.
Reflects evolving standards in knife technology. The amendments acknowledge modern knife designs, which often include safety features like biases toward closure, and distinguishes them from true automatic-opening weapons, updating the law to better match current manufacturing and usage trends.
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Who cares
Headline styles
Clarify Knife Law Definitions
Plain English, a few words. Used as the page title.
Sponsors
No co-sponsors yet.
History
- Referred to codes
- Referred to codes
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
3422
2019-2020 Regular Sessions
IN SENATE
February 6, 2019
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 the definitions of a switchblade knife and a gravity knife
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivisions 4 and 5 of section 265.00 of the penal law are amended to read as follows:
4. "Switchblade knife" means any knife which has a blade which opens automatically by hand pressure applied to a button, spring or other device in the handle of the knife. "Switchblade knife" does not include a knife that has a spring, detent, or other mechanism designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
5. "Gravity knife" means any knife which has a blade which is released from the handle or sheath thereof 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. "Gravity knife" does not include a knife that has a spring, detent, or other mechanism, including but not limited to resistance to opening designed to create a bias toward closure and that requires exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure and open the knife.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD09706-01-9
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 definitions of a switchblade knife and a gravity knife
Purpose or general idea of bill
To clarify the definitions of a switchblade knife and a gravity knife
Summary of specific provisions
Section 1 amends subdivisions 4 and 5 of section 265.00 of the penal law to clarify the definitions of a switchblade knife and a gravity knife.
Section 2 sets the effective date.
Justification
The current definitions of a switchblade knife and a gravity knife are vague and dependent on an outdated understanding of knives used as weap- ons and knives that are used as tools. The knives that the Legislature intended to outlaw are very specific and very dangerous, but the current definitions are interpreted broadly and applied to many knives that have valuable uses as tools. Between 2003 and 2013, 60,000 New Yorkers were arrested for possession of these knives, making this one of the most- prosecuted crimes in New York City. The vast majority of those arrested had no criminal intent and believed that the common folding knives they carried were legal. These arrests and prosecutions do not contribute to public safety. Clarifying these definitions will prevent these arrests.
Veto Message 299of 2016 discussed suggested amendments to the bill but the sponsors believe that an affirmative defense will not address the issue of law-abiding tradespeople being arrested for simply possessing the tools of their trades.
Prior legislative history
2016 Session - S6483 - new bill - vetoed by Governor (VM299 of 2016)
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.