Knife Rights: Plaintiff’s Reply Brief Filed with SCOTUS in NYC Gravity Knife Case

[Critter]

[Post in General approved by Spark]

In response to New York City’s and District Attorney Cyrus Vance’s opposition briefs filed last week, Plaintiffs submitted their Reply Brief today. CLICK HERE to read the Reply Brief.

The Reply Brief points out to the Court that the City and DA take the same approach in their opposition briefs that they have taken through this lawsuit. They ignore the substance of the case and instead employ misdirection to distract from review of the actual issues. None of it contradicts the clear fact that the court of appeals misapplied the Supreme Court’s controlling precedent in order to prevent review of a law that puts millions of New Yorkers at risk of arrest and prosecution merely for carrying an ordinary pocket knife.

They argue that the circuit split is not real when it plainly is. Moreover, two more circuits have recently decided cases that increases the split; it is now four circuits to one with the Second Circuit’s flawed interpretation now an even more obvious outlier. They argue that the issue presented in the Petition was not preserved when it was plainly passed on by the court of appeals. And, they disregard the actual record — all of this in an effort to get this Court to “pay no attention to that man behind the curtain,” the very real issue of vagueness at the heart of this case.

This reply brief is the last filing normally provided prior to the Court’s conference, which is expected to be held either June 13 or 20. At that time the Justices would be expected to decide whether or not to grant the petition and hear the case.

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[slyraven]

Sometimes, you can't leave it up to the judges. Patriots must bring the issue to the governments faces en masse and demand change. Hopfully, the courts do the right thing, but it is New York and New York has been compromised by freedom hating opposition.

 

[Critter]

Hopfully, the courts do the right thing, but it is New York and New York has been compromised by freedom hating opposition.

It is the Supreme Court of the United States, not NY.

 

[slyraven]

It is the Supreme Court of the Untied States, not NY.

Oh, ok, well they have been compromised long ago. Lets hope they do the right thing this time. But my comment still stands that patriots need to start defending these most basic rights. Too many places act like knives are not protected under the 2nd amendment!

 

[GermanyChris]

Why let facts get in the way when you have an axe to grind

I don't have much faith SCOTUS is going to take the case they really have better things to do than smack NYC over something that's not all that consequential and is within the states and localities right to regulate even if it's vaguely worded and interpreted.

The only way I see this being killed by SCOTUS is if the law is being used to Target a protected class.

I'd love to be wrong but I just don't see it

 

[Critter]

Why let facts get in the way when you have an axe to grind

I don't have much faith SCOTUS is going to take the case they really have better things to do than smack NYC over something that's not all that consequential and is within the states and localities right to regulate even if it's vaguely worded and interpreted.

The only way I see this being killed by SCOTUS is if the law is being used to Target a protected class.

I'd love to be wrong but I just don't see it

Thankfully, all your assumptions are wrong. There's a clear circuit split on an important constitutional issue and 85% of the tens of thousands of arrests and prosecutions are of persons of color, even in white majority neighborhoods.

 

[slyraven]

Why let facts get in the way when you have an axe to grind

I don't have much faith SCOTUS is going to take the case they really have better things to do than smack NYC over something that's not all that consequential and is within the states and localities right to regulate even if it's vaguely worded and interpreted.

The only way I see this being killed by SCOTUS is if the law is being used to Target a protected class.

I'd love to be wrong but I just don't see it

You are wrong in many ways, one of which Critter addressed, and the other is that you say states and localities have the right to make laws against our constitutional rights. Your apathy and incorrect facts is exactly why these over reaching politicians are able to do as they please.

Please see:

"Article VI of The United States Constitution states that the "Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all treaties made or shall be made, under the Authority of the United States, shall be the Supreme Law of the Land." This is commonly referred to as the Supremacy Clause. Furthermore, all federal, state, and local officials must take an oath to support the Constitution. This means that state governments and officials cannot take actions or pass laws that interfere with the Constitution, laws passed by Congress, or treaties. The Constitution was interpreted, in 1819, as giving the Supreme Court the power to invalidate any state actions that interfere with the Constitution and the laws and treaties passed pursuant to it."


As you can see, the constitution and bill of rights is to supersede all laws, as it is the law of the land, the land which goes from coast to coast and border to border. No state or government shall ever invalidate our NATURAL rights. These rights are not GIVEN to us, or RENTED to us, or ALLOWED for us to have, they are simply there.

States cannot legislate our rights away at their whimsy, despite what you may have heard or believed.

So, what Critter and kniferights.org does is extremely important, taking a stand where people with your attitude do nothing.


Where you are right, is having little faith in SCOTUS, as they have on a continual basis, stepped all over our rights and the constitution in order to please states, powerful political groups and corporations.

 

[Critter]

Hey, guys, let's please focus on the NYC issue and not get bogged down in politics, please. I don't want to have to shut down this thread. Thanks!