Hi folks,
I sent a very friendly and respectful email to Senator Avella last night regarding this issue and received the following response back today. I guess I am a bit confused, as I thought assault with a machete (or any instrument) is against the law? Does the law need to spell out machete? Though I disagree with him, it was nice of his office to reply.
February 23, 2015
Thank you for contacting my office regarding my recent bill that will amend
the New York State Penal Law to include a machete within the definition of
Deadly Weapon. ( See
http://open.nysenate.gov/legislation/bill/S3199-2015)
Unfortunately, there has been some confusion in the media that has
improperly characterized this bill as a ban on machetes. In fact, the
bill only includes machetes in the Penal Law definition of a Deadly
Weapon pursuant to subdivision 12 of Section 10.00. The effect of this
definitional change is to mandate that when a person causes physical injury
by using a machete and did so either intentionally, recklessly or with
criminal negligence they can be charged accordingly pursuant to the Penal
Law provisions covering Assault Offenses (Article 120).
I purposely did not include machete in the other Dangerous Weapons
offense categories within the Penal Law including criminal possession of
weapons or manufacture, transport, disposition and defacement of weapons
and dangerous instruments and appliances. The specific reason for this is
because machetes, as opposed to other Deadly Weapons do have a functional
use for many people throughout the state including farming, hunting,
landscaping, etc. Therefore, I chose to solely amend Section 10.00 of the
Penal Law so that only those persons who use machetes with the intent to
harm or harm someone recklessly or with criminal negligence can be charged
accordingly.
I hope that this has clarified any confusion or concerns you have about my
legislation.
Sincerely,
Tony Avella
State Senator
11th Senatorial District