S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2092--A
                                                               Cal. No. 118
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by  M. of A. COLTON, WEPRIN, ZEBROWSKI, JAFFEE, SCARBOROUGH,
         LAVINE, HOOPER, MILLER -- Multi-Sponsored by -- M.  of  A.  MONTESANO,
         WEISENBERG  --  read  once  and  referred to the Committee on Codes --
         ordered to a third reading -- passed by Assembly and delivered to  the
         Senate,  recalled  from  the  Senate, vote reconsidered, bill amended,
         ordered reprinted, retaining its place on the order of third reading
       AN ACT to amend the penal law, in relation to prohibiting  the  manufac-
         ture, 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 ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. Section 265.00 of the penal law is amended by adding a  new
    2  subdivision 5-d to read as follows:
    3    5-D.  "UNDETECTABLE  KNIFE" MEANS ANY KNIFE OR OTHER INSTRUMENT, WHICH
    4  DOES NOT UTILIZE MATERIALS THAT ARE DETECTABLE BY A  METAL  DETECTOR  OR
    5  MAGNETOMETER  WHEN  SET  AT  A  STANDARD CALIBRATION, THAT IS CAPABLE OF
    6  READY USE AS A STABBING OR CUTTING WEAPON AND WAS COMMERCIALLY  MANUFAC-
    7  TURED TO BE USED AS A WEAPON.
    8    S  2.  Subdivision 2 of section 265.01 of the penal law, as amended by
    9  chapter 1 of the laws of 2013, is amended to read as follows:
   10    (2) He OR SHE possesses any  dagger,  dangerous  knife,  dirk,  razor,
   11  stiletto, imitation pistol, UNDETECTABLE KNIFE or any other dangerous or
   12  deadly  instrument  or  weapon  with  intent  to use the same unlawfully
   13  against another; or
   14    S 3. Subdivisions 1 and 2 of section  265.10  of  the  penal  law,  as
   15  amended  by  chapter  257  of  the  laws of 2008, are amended to read as
   16  follows:
   17    1. Any person who  manufactures  or  causes  to  be  manufactured  any
   18  machine-gun, assault weapon, large capacity ammunition feeding device or
   19  disguised gun is guilty of a class D felony. Any person who manufactures
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD04156-03-4
       A. 2092--A                          2
    1  or causes to be manufactured any switchblade knife, gravity knife, pilum
    2  ballistic   knife,  metal  knuckle  knife,  UNDETECTABLE  KNIFE,  billy,
    3  blackjack, bludgeon, plastic knuckles, metal  knuckles,  Kung  Fu  star,
    4  chuka  stick,  sandbag,  sandclub  or  slungshot  is guilty of a class A
    5  misdemeanor.
    6    2. Any person who transports or ships any machine-gun, firearm silenc-
    7  er, assault weapon  or  large  capacity  ammunition  feeding  device  or
    8  disguised  gun,  or  who transports or ships as merchandise five or more
    9  firearms, is guilty of a class D felony. Any person  who  transports  or
   10  ships  as merchandise any firearm, other than an assault weapon, switch-
   11  blade knife, gravity knife, pilum ballistic knife,  UNDETECTABLE  KNIFE,
   12  billy,  blackjack,  bludgeon,  plastic knuckles, metal knuckles, Kung Fu
   13  star, chuka stick, sandbag or slungshot is guilty of a class A misdemea-
   14  nor.
   15    S 4. This act shall take effect on the first of November next succeed-
   16  ing the date on which it shall have become a law.