S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                        2259--A
                              2013-2014 Regular Sessions
                                 I N  A S S E M B L Y
                                      (PREFILED)
                                    January 9, 2013
                                      ___________
       Introduced  by M. of A. QUART -- read once and referred to the Committee
         on Codes -- committee discharged, bill amended, ordered  reprinted  as
         amended and recommitted to said committee
       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
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD05052-03-3
       A. 2259--A                          2
    1  265.00, and refuses to yield possession of such rifle  or  shotgun  upon
    2  the demand of a police officer. Whenever a person is certified not suit-
    3  able to possess a rifle or shotgun, a member of the police department to
    4  which  such  certification is made, or of the state police, shall forth-
    5  with seize any rifle or shotgun possessed by such  person.  A  rifle  or
    6  shotgun  seized  as herein provided shall not be destroyed, but shall be
    7  delivered to the  headquarters  of  such  police  department,  or  state
    8  police,  and  there  retained  until  the aforesaid certificate has been
    9  rescinded by the director or physician in charge, or  other  disposition
   10  of  such  rifle  or shotgun has been ordered or authorized by a court of
   11  competent jurisdiction.
   12    [(7)] (6) He knowingly possesses  a  bullet  containing  an  explosive
   13  substance designed to detonate upon impact.
   14    [(8)]  (7)  He  possesses any armor piercing ammunition with intent to
   15  use the same unlawfully against another.
   16    Criminal possession of a weapon in the fourth  degree  is  a  class  A
   17  misdemeanor.
   18    S 2. This act shall take effect on the first of November next succeed-
   19  ing  the  date  on  which it shall have become a law; provided, however,
   20  that if section 40 of chapter 1 of the laws of 2013 shall not have taken
   21  effect on or before such date then the amendments made to section 265.01
   22  of the penal law by section 1 of this act shall take effect on the  same
   23  date  and  in  the same manner as section 40 of chapter 1 of the laws of
   24  2013, takes effect.