Res. No. 163
Title
Resolution urging the Governor to sign into law A5667A/S4769A, in relation to gravity knives.
Body
By Council Member Gibson
Whereas, Major retailers throughout New York State such as Walmart, Lowes, Ace Hardware, AutoZone, Benjamin Moore Paint, Dicks Sporting Goods, and Paragon Sports, as well as smaller local hardware stores sell thousands of folding knives that are designed and marketed as tools, not as illegal gravity knives; and
Whereas, Pursuant to Penal Law ? 265.01(1), possessing a "gravity knife" is a Class A misdemeanor that carries a penalty of up to one year in jail; and
Whereas, Under P.L. ? 265.02(1) if an alleged possessor of a gravity knife has ever previously been convicted of any felony or misdemeanor, possession is deemed a Class D felony, punishable by up to 7 years in prison; and
Whereas, While gravity knives are illegal under the current law, the NYPD does not arrest retailers who possess and sell folding knives, but have arrested tens of thousands of New Yorkers who purchase them; and
Whereas, In 2010 the New York County District Attorney's Office (DANY) entered into deferred prosecution agreements with New York County retailers that were selling common folding knives that DANY claimed were illegal gravity knives; and
Whereas, Although the retailers were selling folding knives, not the gravity knives originally banned by the New York State Legislature, the retailers agreed to pay a total of 1.9 million dollars to defer prosecution; and
Whereas, None of the store managers or owners were arrested for possessing and selling what prosecutors and the NYPD considered illegal weapons; and
Whereas, Common folding knives continue to be available at major retailers and local hardware stores throughout New York City; and
Whereas, According to NYPD data, 86% of those arrested for possessing folding knives and charged with gravity knife possession in violation of Penal Law ? 2...
Click here for full text