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NY: Reform of 'Gravity Knife' law introduced in New York
A bill to reform the much abused 'gravity knife' law in New York has been introduced into the Assembly by Member of the Assembly Quart. From the state.ny.us:
Provides that possession of a gravity knife shall constitute criminal possession of a weapon in the fourth degree only if the defendant has intent to use the same unlawfully against another.
The actual text of the bill only shows that the term 'gravity knife ' is removed from one paragraph. It is a minor change, but it stops prosecutors from abusing the law as they have been. From the proposed bill:
(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
The square brackets indicate words to be removed in the bill.
The Village Voice is helping to champion this bill by exposing the excessive prosecutions by the New York City DA. Over 60,000 people have been arrested for the possession of common pocket knives in the last decade. From the Village Voice:
Assemblyman Dan Quart will introduce a bill today to adjust the language of the state law, which was originally passed in the 1950s and was aimed at a switchblade-like weapon called a “gravity knife.” In recent years the law has been enforced almost exclusively in New York City, where it has been used to arrest thousands of suspects carrying commonly available pocketknives. Construction workers, artists, and many others who use pocketknives for work have found themselves caught up in the aggressive enforcement.
Quart's bill would allow criminal penalties only when a suspect has “criminal intent” for the knife in his or her possession; currently, simply possessing a knife that can be opened with the flick of a wrist, the legal standard long accepted by the courts, can land you in jail, or even draw significant prison time. Amanda Wallwin, Quart's chief of staff, said “we expect it to pass easily…the real battle is in the senate.”
Knife Rights is calling for people to write the members of the committee to ask for their support. From a Knife Rights email:
The bill to “fix” New York state's gravity knife statute in an effort to protect New York City knife owners, A4821, has been assigned to the Assembly Committee on Codes. This bill would require that prosecutors prove “unlawful intent” in order for someone to be prosecuted for possessing a “gravity knife.”If you live, work or travel in New York, please contact the members of the Committee and politely ask them to support A4821. CLICK HERE for emails and phone numbers for the committee members.
New York Assemblyman Dan Quart's bill would significantly narrow the opportunity for New York City to abuse citizens carrying common locking-blade pocket knives. This is certainly not a complete solution, but it would be a big step in the right direction. After six years of passing pro-knife bills in 11 states, Knife Rights knows that many times complete success is a multi-year, multi-step endeavor.
Knife Rights notes that with the Village Voice support, and an improved Senate structure after the last election, the bill has a much better chance of passage. Last year it passed the Assembly, but did not get a vote in the Senate.
©2015 by Dean Weingarten: Permission to share is granted when this notice is included.
Link to Gun Watch
Source: http://gunwatch.blogspot.com/2015/02/ny-reform-of-gravity-knife-law.html
