By Miguel.GFZ
Semi-retired like Vito Corleone before the heart attack. Consiglieri to J.Kb and AWA. I lived in a Gun Control Paradise: It sucked and got people killed. I do believe that Freedom scares the political elites.
Where a Redneck Jew, a Hispanic Catholic, and a Computer Geek write about Gun Rights, Self Defense and whatever else we can think about.
Semi-retired like Vito Corleone before the heart attack. Consiglieri to J.Kb and AWA. I lived in a Gun Control Paradise: It sucked and got people killed. I do believe that Freedom scares the political elites.
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To be perfectly blunt, I’ll just have to cut with my sharp wit.
From the Bill: (NY S4202)
5-d. “Undetectable knife” means any knife or other instrument, which does not utilize materials that are detectable by a metal detector or magnetometer when set at a standard calibration, that is capable of ready use as a stabbing or cutting weapon and was commercially manufactured to be used as a weapon.
So, by definition, a plastic shank is not an “undetectable knife” because it was not commercially manufactured. The ceramic kitchen knife in the drawer is not an “undetectable knife” because it was not manufactured to be used as a weapon. Same with the plastic picnic knives.
The problem is that the officer that is unhappy with the noisy BBQ is going to make the statement that the plastic knife/fork from the 100 pack is “capable of ready use as a stabbing or cutting weapon” and therefore the last of the clause doesn’t matter.
You will be arrested, made to pay bail, taken to trial, at which point your attorney will win that argument before a judge, and you will be set free. Some $20,000 poorer than when you started.
Or they will get you to plead down and take a $1,000 fine.
You get to choose how much money you lose to prove you’re right.
This is what they did with every workman that got arrested with a box cutter that the NYPD says was a gravity knife. If it went to trial, the NYPD would lose. They were banking on a workman not having the money to hire an attorney and defend themselves and opting to pay the fine and take the plea instead.
I agree with you 100% J.Kb. The language is designed to allow the cops to abuse whomever they want to abuse. They don’t like the way you gave them the stink eye? That plastic key fob on your belt is now an “undetectable knife” and after spending the night (or weekend) in lock up, you get a choice, $20K for a lawyer or $1K for a plea deal. And if you get a lawyer they are going to argue for the plea deal.
And when these things go down, the “qualified immunity” protects both the cop that did it and the department that accepts it.
I seem to recall that prisons enforce fairly draconian regulations to prevent inmates from having weapons, including bodily cavity searches. Yet somehow shanks, including those made from plastic, are fairly common.