Knife Rights' Latest Brief in NYC Lawsuit Cuts Through DA's Baseless Arguments

Critter

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Knife Rights filed a Reply Brief in its appeal of a U.S. District Court's absurd ruling in its ongoing Federal Civil Rights lawsuit against New York City and Manhattan District Attorney Cyrus Vance, Jr. The 30-page legal brief was filed on August 28, 2014, and can be viewed at: www.KnifeRights.org/Knife_Rights_Reply_Brief.pdf

The Reply Brief is the final document needed for the U.S. Court of Appeals for the Second Circuit to consider the appeal brought by Knife Rights. It was submitted in response to the District Attorney and City's briefs opposing the appeal. You can read the nonsensical government brief here: www.KnifeRights.org/DAoppbrief.pdf

The lawsuit challenges the City's practice of treating common folding knives as prohibited "gravity knives," then arresting and prosecuting law-abiding knife owners and intimidating retailers into paying large cash sanctions to avoid prosecution. Under the City's vague and subjective approach, it is impossible to know what knives will be treated as legal.

Knife Rights' original appeal can be read here: www.KnifeRights.org/Knife_Rights_Appeal_Brief.pdf

Last Fall, U.S. District Judge Katherine B. Forrest ruled that the case could not proceed because Knife Rights and four other plaintiffs (who were falsely arrested or threatened with prosecution for possessing common folding knives) did not identify specific knives being wrongly classified in their complaint, and therefore lacked standing to sue. Requiring identification of specific prohibited knives, in a case about the inability to know what is prohibited or permitted, turns the very idea of this lawsuit on its head.

Judge Forrest then added insult to injury by refusing a request to let Knife Rights amend the complaint to attempt to comply with her requirement that specific knives be identified.

The next step will be oral arguments in front of a panel of three Second Circuit Court of Appeals judges as early as this Fall, after which the judges will render a decision.

Knife Rights' fight to stop the persecution of knife owners in NYC and to prevent this from spreading to other cities will continue. You can support this lawsuit with a tax-deductible charitable contribution to the Knife Rights Foundation: www.KnifeRights.org/Donate
 
This thing will have to go to Federal Court if it's going to actually make a difference....
 
Serious question, what is a "large cash sanction" in this case? It sounds like a fine that is paid to the city, but usually when you pay a fine for something, you aren't supposed to do it again. This sounds like paying the city to allow the businesses to keep selling. Sort of like a license of some kind...
 
Serious question, what is a "large cash sanction" in this case? It sounds like a fine that is paid to the city, but usually when you pay a fine for something, you aren't supposed to do it again. This sounds like paying the city to allow the businesses to keep selling. Sort of like a license of some kind...

Retailers were required to make a payment to avoid prosecution and agreed to not sell the so-called "gravity knives" for a period of time, except for one retailer who was allowed to continue to sell custom knives with the exact same characteristics that supposedly made the other knives inherently illegal, including those same production knives seized from their store.

You might want to review the background and history of the NYC lawsuit at: http://www.kniferights.org/index.php?option=com_content&task=view&id=234
 
Retailers were required to make a payment to avoid prosecution and agreed to not sell the so-called "gravity knives" for a period of time, except for one retailer who was allowed to continue to sell custom knives with the exact same characteristics that supposedly made the other knives inherently illegal, including those same production knives seized from their store.

You might want to review the background and history of the NYC lawsuit at: http://www.kniferights.org/index.php?option=com_content&task=view&id=234

Thanks. It sounded almost like some kind of bribe, "pay us and we'll let you do what we don't really like you doing."
 
Thanks. It sounded almost like some kind of bribe, "pay us and we'll let you do what we don't really like you doing."
No, more like extortion if you or I did it, pay us or will will make you wish you had.
 
Doug - your's and the organizations work towards fighting these ridiculous knife regulations & laws is much appreciated. I'm sure you don't hear it often enough.

I think some times us folks out here in more rural areas perhaps do not pay too much attention to "city" stuff, but if it isn't fought there, like the virus it is, it'll eventually spread to everyone.

Thanks!
 
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