1. **ATTENTION ALL DEVILS** If you are still having trouble logging in, (Resetting your password should do "the trick") Optimum Online is blocking JD emails for some reason*, OR if you are not technically capable of doing this; use the "Contact Us" form utilizing your current, valid email address. If your email address is 'lost' to you, simply providing some account details will get us on the correct path together. THERE IS NO NEED TO CREATE SECONDARY ACCOUNTS, STOP BEING SO LAZY! YOU WILL BE BANNED! (Yelling/impolite voice implied there for *maximum effect*)
    Dismiss Notice

Knife Rights’ Plaintiffs Respond to DA & NYC SCOTUS Mootness Argument

CRitter Jun 11, 2019

  1. CRitter

    CRitter Knife Rights Knife Maker or Craftsman

    As expected, shortly after NY Governor Cuomo signed A5944 into law repealing NY's gravity knife bans, New York City and DA Vance submitted a letter to the U.S. Supreme Court claiming that the new law mooted the case. They claim that the new law removing the gravity knife bans means that our case is no longer relevant and therefore should not be considered by the Court.

    As previously noted, a prime motivation for Cuomo signing the bill was to avoid the possibility of losing in our case on an issue that would negatively affect his and other politicians' efforts to continue their unconstitutional actions by eliminating a common means by which the Second Circuit avoids ruling on the actual merits of cases.

    Plaintiffs have submitted a brief in response that details exactly why we believe case is not moot. As previously noted, but about which the letter was conspicuously silent, NY Mayor de Blasio's New York Police Department has clearly indicated that they intend to continue to enforce a ban on gravity knives in the subways relying on an old Metropolitan Transportation Authority code.

    They will do so using the same unconstitutionally vague "wrist flick" test applied to common folding knives that is the critical vagueness element of the case. For the over 5 million daily riders of the subway and nearly 2 million daily bus riders, nothing has changed except the degree of punishment to which they may be subject, but still up to 30 days in jail in some cases.

    Moreover, despite the new law, people, including retailer Plaintiff Native Leather, may still be prosecuted for conduct that would have been illegal under the old law, such as selling a knife that fails the "wrist flick" test, prior to the new law going into effect and going back two years. So they remain in jeopardy of serious criminal charges being brought against them.

    An excellent summation of the entire case and the vagueness issue central to this case at the Supreme Court has been published by legal scholar David Kopel: https://reason.com/2019/06/10/knife-ban-and-vagueness-case-at-supreme-court-conference

    The Supreme Court is scheduled to take up the case in conference this coming Thursday, the 13th. At that time they will decide to take the case, decline the case or put off a decision.

    Knife Rights is Rewriting Knife Law in America!™ with your help. 31 bills enacted in 22 states since 2010! Support Knife Rights' efforts to Forge a Sharper Future™ with a donation in the Ultimate Steel™ Spectacular and get a chance to WIN from OVER $160,000 in Custom Knives, Guns & More! Thousands of Dollars of TAIL END BONUS Prizes Received at BLADE Show will be Added Shortly. DONATE NOW to ALSO get in the TAIL END BONUS DRAWING! www.UltimateSteel.org
    BennytheBlade likes this.

Share This Page