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DA & NYC Appeal Briefs Filed in Knife Rights’ New York City Gravity Knife Lawsuit

CRitter Sep 6, 2017

  1. CRitter

    CRitter Knife Rights Knife Maker or Craftsman

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    The Defendants have filed their appeal briefs in our federal civil rights lawsuit against Manhattan District Attorney Cyrus R. Vance, Jr. and the City of New York. The Defendants once again attempt to steer the Court away from the main issue in the case, which is that no one can ever test a knife using the challenged “wrist flick test” and conclude that it is legal.

    This is because the Wrist Flick Test only identifies an illegal knife. It cannot ever identify a legal knife, which is essential if the Plaintiffs, John Copeland, Pedro Perez, or retailer Native Leather (or anyone else for that matter), want to ever purchase and carry a common folding knife in New York City without risking arrest and prosecution. This is the essential constitutional vagueness problem at issue and neither the DA nor the City ever engage this point in their briefs.

    Once again the Defendants are grasping at straws because they have no real response to the key issue in the case. Hopefully the Court will not be misled and will recognize the real issue before them, just as they understood in the first appeal in this case when they unanimously reversed the previous erroneous ruling of the District Court.

    Click here to read the City’s Brief

    Click here to read the DA’s Brief

    Click here to review the full appeal record including Plaintiff’s Appeal Brief and the two Amicus Briefs in support.

    Meanwhile, Knife Rights’ Gravity Knife Law Reform Bill passed in June with only a single “nay” vote in either house. It should be transmitted to Governor Cuomo shortly. This bill attempts to solve the problem of the continuing arrests and prosecutions on bogus Gravity Knife charges in New York City by removing “centrifugal force” from the definition of a gravity knife. That should stop the use of the unconstitutional “wrist flick test” that is the source of the problem and target of our lawsuit.

    “We will continue to pursue both tracks towards a solution until we are victorious and New Yorkers can carry a common folding knife without fear of arrest and prosecution,” said Knife Rights Chairman Doug Ritter.

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    Enixxi likes this.
  2. Enixxi

    Enixxi Tiny Member

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    The only knives that seem to be legal as of now are balis. Since they don't lock open when flicked, they don't qualify under the gravity knife law in NY.
     
    begreen61 likes this.
  3. desmodus

    desmodus Arc Sodium Administrator Lady Devil JDBA Official Member Brigade Member

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    i'm still scared to use my bali openly in public.

    i use them at work regularly though.
     
    begreen61 likes this.
  4. Enixxi

    Enixxi Tiny Member

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    Smart move. Even though they're not technically illegal, there is a portion of knife law that states that dirks, daggers, etc and "dangerous knives" cannot to carried with the intent to do something unlawful. Later on it states that and officer that sees any knife can operate with the presumption that unlawful intent is present. Basically allows any officer to arrest any person for carrying any knife at all without having to prove anything. That usually gets down to the individual cop though. There was another case where a "dangerous knife" could be considered anything. Guy got sent to jail for having a steak knife in his possession.
     
  5. buddy

    buddy Slide to unlock JDBA Official Member

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    Well a dirk or dagger here in california is basically any fixed blade (or folder carried open) carried on your person. So yes you carry a steak knife in your jacket and you are going to jail. Yet you can have a 12 inch folder just fine and dandy. Balis count as gravity knives though unfortunately here.
     
  6. Enixxi

    Enixxi Tiny Member

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    N.Y. Is different. With the nypd flick test I've had friends arrested for boxcutters and leathermans coming home from work. It's a little ridiculous.
     
  7. Enixxi

    Enixxi Tiny Member

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    Wonder what would happen in cali with a cable splicing knive? Technically a fixed blade. Could look up the klein tools one for reference
     
  8. begreen61

    begreen61 Deadicated JDBA Official Member Brigade Member

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    are you upstate NY or a NYC' NY there are 2 different worlds when it comes to laws ,,I'm upstate near Saratoga .
     
  9. Enixxi

    Enixxi Tiny Member

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    This all happened in NYC area. Living in brooklyn now.
     
  10. Enixxi

    Enixxi Tiny Member

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    And from my understanding rochester actually has the worst knife laws in all of NY. NYC blade length is still 4". Rochester is 3"
     

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