Good questions. Under the Penal Law "older" or antique knives don't
have any special exempt status. Knives are knives; they still cut.
Older firearms, however, the law's thinking goes, are "antique" if they
use an ammunition that is no longer manufactured, seemingly making them
more safe.
The law provides that a person is in compliance if they turn in such a
prohibited weapon to the county sheriff or the State Police. Where it
will probably be destroyed, not put on display.
David Palmquist
>>> [log in to unmask] 10/28/03 05:42PM >>>
First note i see is you say "older knives" this would classify it as
antique, wouldn't it? Why call the sherriff?
I'm loost on this one.
----- Original Message -----
From: "David Palmquist" <[log in to unmask]>
To: <[log in to unmask]>
Sent: Tuesday, October 28, 2003 12:25 PM
Subject: Museums and historical societies possessing weapons
> Our AG is asking what authority a museum or historical has to own
and
> display certain weapons whose possession is outlawed by New York
Penal
> Law sec. 265.01, including switchblade knives, machine guns, etc.
There
> is no applicable exception provided in Penal Law sec. 265.20. Note,
> "antique firearms" are exempted by sec. 265.00.
>
> The question came to the AG from a Village Board concerning a
> historical society which owns and has a display of older knives
produced
> by the local cutlery industry, including at least one switchblade.
>
> Does anyone know of any circumstance that might allow a museum to
> possess and/or display such weapons? Can anyone suggest how the
> historical society might handle this material, short of turning it
over
> to the local sheriff or State Police, such as disarming the knife?
>
>
>
>
> David W. Palmquist
> Head, Chartering Program
> NY State Museum
> NY State Education Department
> 3097 Cultural Education Center
> Albany NY 12230
> 518-473-3131
> FAX 518-473-8496
> e-mail: [log in to unmask]
> web site: www.nysm.nysed.gov/charter/
>
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