S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         3686
                              2013-2014 Regular Sessions
                                   I N  S E N A T E
                                   February 11, 2013
                                      ___________
       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 possession  of  a  gravity
         knife  for  purposes  of criminal possession of a weapon in the fourth
         degree
         THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section  1.   Section 265.01 of the penal law, as amended by chapter 1
    2  of the laws of 2013, is amended to read as follows:
    3  S 265.01 Criminal possession of a weapon in the fourth degree.
    4    A person is guilty of criminal possession of a weapon  in  the  fourth
    5  degree when:
    6    (1)  He  or she possesses any firearm, electronic dart gun, electronic
    7  stun gun, [gravity knife,] switchblade  knife,  pilum  ballistic  knife,
    8  metal  knuckle  knife,  cane  sword, billy, blackjack, bludgeon, plastic
    9  knuckles, metal knuckles, chuka stick, sand bag,  sandclub,  wrist-brace
   10  type slingshot or slungshot, shirken or "Kung Fu star"; or
   11    (2)  He  OR  SHE  possesses  any dagger, dangerous knife, dirk, razor,
   12  stiletto, GRAVITY KNIFE, imitation pistol, or  any  other  dangerous  or
   13  deadly  instrument  or  weapon  with  intent  to use the same unlawfully
   14  against another; or
   15    [(3); or
   16    (4)] (3) He possesses a rifle, shotgun, antique firearm, black  powder
   17  rifle, black powder shotgun, or any muzzle-loading firearm, and has been
   18  convicted of a felony or serious offense; or
   19    [(5)]  (4)  He  possesses  any dangerous or deadly weapon and is not a
   20  citizen of the United States; or
   21    [(6)] (5) He is a person  who  has  been  certified  not  suitable  to
   22  possess a rifle or shotgun, as defined in subdivision sixteen of section
   23  265.00,  and  refuses  to yield possession of such rifle or shotgun upon
   24  the demand of a police officer. Whenever a person is certified not suit-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05052-02-3
       S. 3686                             2
    1  able to possess a rifle or shotgun, a member of the police department to
    2  which such certification is made, or of the state police,  shall  forth-
    3  with  seize  any  rifle  or shotgun possessed by such person. A rifle or
    4  shotgun  seized  as herein provided shall not be destroyed, but shall be
    5  delivered to the  headquarters  of  such  police  department,  or  state
    6  police,  and  there  retained  until  the aforesaid certificate has been
    7  rescinded by the director or physician in charge, or  other  disposition
    8  of  such  rifle  or shotgun has been ordered or authorized by a court of
    9  competent jurisdiction.
   10    [(7)] (6) He knowingly possesses  a  bullet  containing  an  explosive
   11  substance designed to detonate upon impact.
   12    [(8)]  (7)  He  possesses any armor piercing ammunition with intent to
   13  use the same unlawfully against another.
   14    Criminal possession of a weapon in the fourth  degree  is  a  class  A
   15  misdemeanor.
   16    S 2. This act shall take effect on the first of November next succeed-
   17  ing  the  date  on  which it shall have become a law; provided, however,
   18  that if section 40 of chapter 1 of the laws of 2013 shall not have taken
   19  effect on or before such date then the amendments made to section 265.01
   20  of the penal law by section 1 of this act shall take effect on the  same
   21  date  and  in  the same manner as section 40 of chapter 1 of the laws of
   22  2013, takes effect.