N.Y. Education Law § 216-c: Special provisions for cutlery and knife museums that exhibit automatic knives

§ 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.