What's happening
This bill removes gravity knives from the list of prohibited or restricted weapons in New York State penal law.
Why it matters
Removes gravity knives from the list of weapons automatically considered "deadly weapons" under New York law. , making simple possession no longer a criminal offense. This means individuals can legally own, carry, and use gravity knives without facing prosecution solely for possession.
Addresses prior enforcement issues that disproportionately affected certain groups. , such as tradespeople (e.g., construction workers, stagehands) and people of color, who were often arrested for carrying tools commonly classified as gravity knives, even when used for work.
Reduces the risk of criminal charges for those carrying gravity knives for lawful purposes. , such as work, fishing, or other everyday activities, potentially decreasing the number of low-level weapon possession arrests and their associated penalties.
Aligns state law with recent court decisions and advocacy efforts. that have criticized the gravity knife ban as vague and unfairly enforced, responding to constitutional and practical concerns raised by civil liberties groups and affected communities.
Albany, before your first meeting.
Every bill that moved yesterday, summarized in a sentence and ranked by impact. The Albany Scorecard follows on Sundays.
Free. Unsubscribe in one click. Want alerts on specific bills? Create an account.
Who cares
Headline styles
Remove Gravity Knives Ban
Plain English, a few words. Used as the page title.
Sponsors
2 Co-sponsors
History
- Recommit, enacting clause stricken
- Referred to codes
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
S. 3898 A. 5944
2019-2020 Regular Sessions
SENATE - ASSEMBLY
February 20, 2019
IN SENATE -- Introduced by Sen. JACKSON -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
IN ASSEMBLY -- Introduced by M. of A. QUART -- read once and referred to the Committee on Codes
AN ACT to amend the penal law, in relation to gravity knives
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Subdivision 1 of section 265.01 of the penal law, as amended by chapter 1 of the laws of 2013, is amended to read as follows:
(1) He or she possesses any firearm, electronic dart gun, electronic stun gun, [gravity knife,] switchblade knife, pilum ballistic knife, metal knuckle knife, cane sword, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, chuka stick, sand bag, sandclub, wrist-brace type slingshot or slungshot, shirken, or "Kung Fu star"; [or]
§ 2. Subdivision 12 of section 10.00 of the penal law, as amended by chapter 257 of the laws of 2008, is amended to read as follows:
12. "Deadly weapon" means any loaded weapon from which a shot, readily capable of producing death or other serious physical injury, may be discharged, or a switchblade knife, [gravity knife,] pilum ballistic knife, metal knuckle knife, dagger, billy, blackjack, plastic knuckles, or metal knuckles.
§ 3. Subdivision 5-c of section 265.00 of the penal law, as added by chapter 510 of the laws of 2007, is amended to read as follows:
5-c. "Automatic knife" includes a stiletto, a switchblade knife, [a gravity knife,] a cane sword, a pilum ballistic knife, and a metal knuckle knife.
§ 4. 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:
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD08025-02-9
S. 3898 2 A. 5944
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, 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 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, billy, blackjack, bludgeon, plastic knuckles, metal knuckles, Kung Fu star, chuka stick, sandbag or slungshot is guilty of a class A misdemeanor.
§ 5. Subdivision 3 of section 265.15 of the penal law, as amended by chapter 257 of the laws of 2008, is amended to read as follows:
3. The presence in an automobile, other than a stolen one or a public omnibus, of any firearm, large capacity ammunition feeding device, defaced firearm, defaced rifle or shotgun, defaced large capacity ammunition feeding device, firearm silencer, explosive or incendiary bomb, bombshell, [gravity knife,] switchblade knife, pilum ballistic knife, metal knuckle knife, dagger, dirk, stiletto, billy, blackjack, plastic knuckles, metal knuckles, chuka stick, sandbag, sandclub or slungshot is presumptive evidence of its possession by all persons occupying such automobile at the time such weapon, instrument or appliance is found, except under the following circumstances: (a) if such weapon, instrument or appliance is found upon the person of one of the occupants therein; (b) if such weapon, instrument or appliance is found in an automobile which is being operated for hire by a duly licensed driver in the due, lawful and proper pursuit of his or her trade, then such presumption shall not apply to the driver; or (c) if the weapon so found is a pistol or revolver and one of the occupants, not present under duress, has in his or her possession a valid license to have and carry concealed the same.
§ 6. Paragraphs 2 and 6 of subdivision a of section 265.20 of the penal law, paragraph 2 as amended by chapter 189 of the laws of 2000 and paragraph 6 as amended by chapter 1041 of the laws of 1974, are amended to read as follows:
2. Possession of a machine-gun, large capacity ammunition feeding device, firearm, switchblade knife, [gravity knife,] pilum ballistic knife, billy or blackjack by a warden, superintendent, headkeeper or deputy of a state prison, penitentiary, workhouse, county jail or other institution for the detention of persons convicted or accused of crime or detained as witnesses in criminal cases, in pursuit of official duty or when duly authorized by regulation or order to possess the same.
6. Possession of a switchblade [or gravity knife] for use while hunting, trapping or fishing by a person carrying a valid license issued to him pursuant to section 11-0713 of the environmental conservation law.
§ 7. This act shall take effect immediately.
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 gravity knives
Purpose or general idea of bill
This bill will remove provisions of the penal code used to criminalize basic utility knives
Summary of specific provisions
Section 1 removes "gravity knife" from subsection 1 of section 265.01 of the penal law.
Read the full memo (660 words)
Section 2 removes "gravity knife" from subdivision 12 of section 10.00 of the penal law.
Section 3 removes "gravity knife" from subdivision 5-c of section 265.00 of the penal law.
Section 4 removes "gravity knife" from subdivisions 1 and 2 of section 265.10 of the penal law.
Section 5 removes "gravity knife" from subdivision 3 of section 265.15 of the penal law.
Section 6 removes "gravity knife" from paragraphs 2 and 6 of subdivision a of section 265.20 of the penal law.
Section 7 sets the effective date.
Justification
In the 1950's, amid a widespread fear of knife crime, the legislature enacted a sweeping ban of switch blades and gravity knives. Decades later, coinciding with the rise of stop and frisk policing in New York City, the application of this law spread to any common pocket knife, resulting in thousands of arrests.
Those who have been arrested include:
Manhattan artist John Copeland, arrested in the East Village after having been previously assured by officers that his knife was legal. He was offered an ACD.
Bernard Perez, an electrician who used his knife to strip wire, cut fruit and clean his fingernails. Perez sued the city for false arrest and won $57,000.
Carsten Vogel, who was a staunch NYPD supporter until he overheard a conversation between the officers who arrested him for gravity knife possession. Their casual references to arrests in pursuit of promotions made Vogel feel like "a pawn."
Bed-Stuy folk singer and record label owner Christopher Stelling was arrested for possession of a gravity knife that he used to open boxes in his home office. Stelling is suing for violations of his 4th and 14th Amendment rights and litigation is ongoing.
Jonathan Worthley, a sculptor who uses his knife in his work, had his case dismissed and was awarded $7500 after suing.
Richard Neal, who had prior convictions, served 6 years in prison after he was stopped for gravity knife possession.
Richard Neal is Black. John Copeland, Carsten Vogel, Christopher Stell- ing and Jonathan Worthley are all White. At every step in the process of gravity knife arrests, Black and Hispanic people fare worse than white people. 86% of all arrests for gravity knife possession are of Black or Hispanic suspects. 35% of White suspects stopped for a gravity knife are arrested while 56% of Black or Hispanic suspects are.
Beyond the inequities that are clearly replicated in prosecutions of gravity knife possession cases, there is a larger question of whether these knives pose a threat to public safety. A widely reported increase in slashings in 2016 in New York City, proved to be statistically insig- nificant natural variation, not the beginning of an uptick in violent crime. What's more, the only difference between an illegal gravity knife and a legal fixed-blade knife is a gravity knife's folding mechanism. The idea that a folding knife is somehow more dangerous than a knife that doesn't fold is patently absurd. It is clear from the data that stopping thousands of law-abiding New Yorkers for carrying common pocket knives cannot contribute to public safety. Rather, these stops distract officers from doing the work of keeping New York safe while unfairly pushing New Yorkers with no unlawful intentions into the criminal justice system.
This bill solves this problem by clarifying that the Legislature's intent is not to ban pocket knives. Many states have repealed knife bans, including New Hampshire, Missouri, Alaska, Indiana, Tennessee and Maine with no accompanying increase in crime. It's time for New York to join them.
Prior legislative history
This is a new bill.
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.