216-c. Special provisions for cutlery and knife museums that exhibit automatic knives. 1. For the purposes of this section:
a. "automatic knife" has the meaning defined therefor in subdivision five-c of section 265.00 of the penal law.
b. "cutlery and knife museum" means either: (i) a cutlery and knife museum or institution that is located in Orange, Sullivan, or Ulster county which is devoted to the public exhibition, display, or demonstration of cutlery and knives, including an automatic knife collection, and is incorporated for the promotion of art, education, history, and science, or for preserving the cultural significance of the manufacture of knives and cutlery in the Hudson valley and throughout the United States, or (ii) any other museum or institution, which is not located in a city having a population of one million or more, that is incorporated for the promotion of art, education, history, and science and which offers for public display or exhibition an automatic knife collection.
2. A cutlery and knife museum that wishes to exhibit, show, or display, in whole or in part, an automatic knife collection may be chartered, established, or otherwise permitted to operate and conduct its business pursuant to the provisions of this section and section two hundred sixteen of this part. Any such museum shall also be subject to the other sections of this part applicable to museums or institutions; provided that this section shall supersede any inconsistent provision of any other section of this part applicable to museums or institutions, except section two hundred sixteen of this part.
3. All applicants for a cutlery and knife museum subject to the provisions of this section, who plan to exhibit, show, or display automatic knives, shall be fingerprinted. Any other person thereafter seeking to become a director, officer, employee, or agent of such museum shall be fingerprinted. Such fingerprints shall be submitted to the division of criminal justice services for a state criminal history record check, as defined in subdivision one of section three thousand thirty-five of this chapter, and may be submitted to the federal bureau of investigation for a national criminal history record check.
4. Every museum that contains, displays, exhibits or demonstrates cutlery, knives and/or automatic knives that are unlawful to possess in this state shall implement and submit for approval a security plan for securing such cutlery, knives and automatic knives to the division of state police or police department or sheriff's office having jurisdiction over the museum. The security plan will detail specific measures that would be used to prevent the unlawful use of such items. The division of state police or police department or sheriff's office having jurisdiction over the museum shall review the plan and certify whether it meets statutory requirements. Such plan must satisfy at least the following requirements:
a. The building in which all cutlery, knife and automatic knife collections are housed shall be secured against unauthorized entry, using heavy duty locks and doors that are resistant to damage, and windows shall be resistant to breakage.
b. The display and exhibition cases shall be securely locked at all times except when removing a single cutlery, knife or automatic knife item to be placed in storage or on display; and
c. When not displayed, all cutlery, knives and automatic knives shall be secured in a locked fireproof safe or vault on the premises or in a similar secured and locked area.
5. All cutlery and knife museums subject to the provisions of this section that wish to ship or loan cutlery, knives or automatic knives to other licensed museums shall notify in writing and obtain approval from the division of state police. Additionally, any museum that does not contain, display, exhibit or demonstrate cutlery, knives or automatic knives that are unlawful to possess prior to the effective date of this section shall implement and submit for approval a security plan pursuant to subdivision four of this section prior to obtaining such items.
6. No cutlery and knife museum, subject to the provisions of this section, may introduce automatic knives into its premises until the division of state police or police department or sheriff's office having jurisdiction over the museum has inspected the equipment and building features specified in subdivisions four and five of this section and certified in writing that all of them are in compliance with their statutory requirements.
7. All cutlery and knife museums, subject to the provisions of this section, shall be allowed to possess, own, collect, accept, and purchase automatic knives to further their activities to promote art, education, history, and science, and for the preservation of the cultural significance of the manufacture of cutlery and knives in New York state.
Last modified: February 3, 2019