§ 216-C — Special provisions for cutlery and knife museums that exhibit automatic knives

§ 216-c. Special provisions for cutlery and knife museums that exhibit\nautomatic knives. 1. For the purposes of this section:\n a. "automatic knife" has the meaning defined therefor in subdivision\nfive-c of section 265.00 of the penal law.\n b. "cutlery and knife museum" means either: (i) a cutlery and knife\nmuseum or institution that is located in Orange, Sullivan, or Ulster\ncounty which is devoted to the public exhibition, display, or\ndemonstration of cutlery and knives, including an automatic knife\ncollection, and is incorporated for the promotion of art, education,\nhistory, and science, or for preserving the cultural significance of the\nmanufacture of knives and cutlery in the Hudson valley and throughout\nthe United States, or (ii) any other museum or institution, which is not\nlocated in a city having a population of one million or more, that is\nincorporated for the promotion of art, education, history, and science\nand which offers for public display or exhibition an automatic knife\ncollection.\n 2. A cutlery and knife museum that wishes to exhibit, show, or\ndisplay, in whole or in part, an automatic knife collection may be\nchartered, established, or otherwise permitted to operate and conduct\nits business pursuant to the provisions of this section and section two\nhundred sixteen of this part. Any such museum shall also be subject to\nthe other sections of this part applicable to museums or institutions;\nprovided that this section shall supersede any inconsistent provision of\nany other section of this part applicable to museums or institutions,\nexcept section two hundred sixteen of this part.\n 3. All applicants for a cutlery and knife museum subject to the\nprovisions of this section, who plan to exhibit, show, or display\nautomatic knives, shall be fingerprinted. Any other person thereafter\nseeking to become a director, officer, employee, or agent of such museum\nshall be fingerprinted. Such fingerprints shall be submitted to the\ndivision of criminal justice services for a state criminal history\nrecord check, as defined in subdivision one of section three thousand\nthirty-five of this chapter, and may be submitted to the federal bureau\nof investigation for a national criminal history record check.\n 4. Every museum that contains, displays, exhibits or demonstrates\ncutlery, knives and/or automatic knives that are unlawful to possess in\nthis state shall implement and submit for approval a security plan for\nsecuring such cutlery, knives and automatic knives to the division of\nstate police or police department or sheriff's office having\njurisdiction over the museum. The security plan will detail specific\nmeasures that would be used to prevent the unlawful use of such items.\nThe division of state police or police department or sheriff's office\nhaving jurisdiction over the museum shall review the plan and certify\nwhether it meets statutory requirements. Such plan must satisfy at least\nthe following requirements:\n a. The building in which all cutlery, knife and automatic knife\ncollections are housed shall be secured against unauthorized entry,\nusing heavy duty locks and doors that are resistant to damage, and\nwindows shall be resistant to breakage.\n b. The display and exhibition cases shall be securely locked at all\ntimes except when removing a single cutlery, knife or automatic knife\nitem to be placed in storage or on display; and\n c. When not displayed, all cutlery, knives and automatic knives shall\nbe secured in a locked fireproof safe or vault on the premises or in a\nsimilar secured and locked area.\n 5. All cutlery and knife museums subject to the provisions of this\nsection that wish to ship or loan cutlery, knives or automatic knives to\nother licensed museums shall notify in writing and obtain approval from\nthe division of state police. Additionally, any museum that does not\ncontain, display, exhibit or demonstrate cutlery, knives or automatic\nknives that are unlawful to possess prior to the effective date of this\nsection shall implement and submit for approval a security plan pursuant\nto subdivision four of this section prior to obtaining such items.\n 6. No cutlery and knife museum, subject to the provisions of this\nsection, may introduce automatic knives into its premises until the\ndivision of state police or police department or sheriff's office having\njurisdiction over the museum has inspected the equipment and building\nfeatures specified in subdivisions four and five of this section and\ncertified in writing that all of them are in compliance with their\nstatutory requirements.\n 7. All cutlery and knife museums, subject to the provisions of this\nsection, shall be allowed to possess, own, collect, accept, and purchase\nautomatic knives to further their activities to promote art, education,\nhistory, and science, and for the preservation of the cultural\nsignificance of the manufacture of cutlery and knives in New York state.\n