Gov. Andrew Cuomo recently signed legislation prohibiting the manufacture, transport, shipment and possession of knives that are undetectable by a metal detector.

Possession of such weapons will now be considered a Class A misdemeanor and is punishable by up to a year in jail. The legislation, S.4202/A.4816-A, passed the state Assembly 137-11 and the state Senate, 44-18. Assemblyman Andrew Goodell, R-Jamestown, and Joe Giglio, R-Gowanda, both voted in favor of the legislation in the state Assembly. Similar legislation had been proposed in the 2009-10 and 2013-14 legislative sessions but had not been enacted.

“Undetectable knives are meant to be used by trained members of our police and military forces for covert operations — not regular civilians attempting to sneak weapons past metal detectors,” Cuomo said in a news release. “By signing this measure into law, we will keep these deadly knives out of dangerous hands and help ensure our airports, courtrooms and other public buildings are safe.”

Recent technological developments, such as laser cutting machines, have led to the fabrication of knives using materials that are undetectable by metal detectors. The legislation amends the state Penal Law to add a new subdivision titled “Undetectable Knife.” Any person who possesses an undetectable knife with the intent to use unlawfully against another will be charged with a class A misdemeanor. The Penal Law is also amended to make the making the manufacture, transportation or shipment of an undetectable knife a class A misdemeanor.

Assemblyman Andrew Raia, R-Northport, said during a floor debate on the legislation in June that he had concerns about the law’s definition that states the banned knives have to be commercially manufactured to be a weapon. Raia said that while some may know that an undetectable knife was manufactured to be used as a weapon, law enforcement officers may not necessarily know that and could charge someone with violating the law for possessing a ceramic knife that is made for kitchen or other uses.

“I understand what you’re saying, but that is apparently in the eyes of the beholder,” Raia said. “A fisherman that gets approached by law enforcement on the water, maybe they’re not having a good day and all of a sudden somebody’s handcuffed and maybe the police officer thought it could be used as a weapon. And now, yeah, the charge will probably be kicked out, but you just cost somebody a day out on the water. I’m very concerned about the stagehands, the folks in the entertainment industry. I know there’s an exemption for them. But our well-meaning police offices and law enforcement officers have discretion, and if I’m carrying a normal ceramic knife and it’s used in a threatening manner then that’s considered a weapon, so I am a little concerned. I know this hasn’t become law in the past, it probably will this year, and I would hope you would consider some chapter amendments to refine it even further. I’d like to see a picture of what you’re talking about, quite honestly. I understand there are some things that you’re going to hold in your hand that you’re not going to cut a fish with. Those are easy. But the actual language you’re using can apply to any knife, and that concerns me.”

Assemblyman William Colton, D-Kings County, said the law refers specifically to knives that are being advertised on the internet as being non-metallic, strong enough to penetrate steel drums, car doors or wood planks without damage to the knife. Colton said the weapons are serrated and can be sharpened with standard sharpening devices used for metal knives. The advertisements he cited also state the knives are non-magnetic and can escape detection. During his discussion with Raia, Colton mentioned an instance in which an undetectable knife was used in a Compton, Calif., courtroom, where a person smuggled a 10-inch non-metallic knife past metal detectors and stabbed two bailiffs.

(Ceramic knives) would not come under this section because it specifically by definition has to be commercially manufactured for use as a weapon,” Colton said. “It has to be the intent of the manufacturer to make a weapon. For example, in the internet ads, you will find that the advertisement says specifically these are used for weapons, covert weapons, covert razor sharp, no metal in it. It’s obvious there is no use other than a weapon. That’s why it was manufactured.”

Assemblyman Brian Mantkelow, R-Lyons, asked if manufacturers of such knives will be able to continue making them in New York state. He said he didn’t want to see a manufacturer hurt by the law. Colton replied that as long as the knife isn’t being manufactured as a weapon it can be made in New York state. The legislation also specifically exempts knives that are being used by law enforcement or the military.