Knife Rights Sues New York City

Critter

Critter

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June 9, 2011: Knife Rights has filed a federal civil rights lawsuit to stop New York City from arresting law-abiding citizens carrying common pocket knives.

The lawsuit challenges New York State law on "gravity knives" and switchblades, and New York City District Attorney Cyrus Vance's attempt to mischaracterize the most widely-owned pocket knives in America as contraband. The case seeks a judicial determination that the law is unconstitutionally vague as applied to these ordinary pocket knives.

"District Attorney Vance is trying to advance his political career by exploiting a vague state law to demonize common pocket knives," said Knife Rights Chairman Doug Ritter. "In the process, hundreds of law abiding knife owners are being arrested and Vance has extracted nearly $2 million from retailers to avoid prosecution on bogus charges. This lawsuit intends to put a stop to Vance's abusive and unconscionable civil rights violations."

"One-hand opening pocket knives are legal tools, used and carried every day by millions of law-abiding citizens for work, recreation and self-defense," said Ritter. "Shame on D.A. Vance for demonizing common tools and turning honest citizens into criminals for purely political ends."

If you are a retailer or individual who has been targeted for the sale or possession of so-called illegal knives (one-hand opening and assisted opening knives inappropriately claimed to be gravity knives or switchblades), we urge you to immediately contact Knife Rights at: email nycity@KnifeRights.org or call toll-free: 1-866-889-6268.​

Joining Knife Rights as plaintiffs are two private citizens, John Copeland, an internationally acclaimed artist, and Pedro Perez, an artist and fine art dealer, both New York City residents. The defendants are New York County District Attorney Cyrus Vance, Jr., the New York State Attorney General, and the City of New York. Knife Rights is represented by attorney David Jensen. The lawsuit was filed in U.S. District Court for the Southern District of New York.

Click here to download the Federal Complaint as filed.

Knife Rights is supported in this lawsuit by the Knife Rights Foundation Sharper Future Legal Fund™ whose major donors include at Platinum level: Benchmade Knife Co., Blue Ridge Knives, Buck Knives, Columbia River Knife & Tool, Taylor Brands and United Cutlery; Silver level: KnifeWorks.com and Wenger NA; Titanium level: Smokey Mountain Knife Works; Bronze level: Ethan Becker and KA-BAR Knives. Please support those who support your knife rights.

ABOUT KNIFE RIGHTS AND THE KNIFE RIGHTS FOUNDATION

Knife Rights is America's grassroots knife owners organization and supports legislative initiatives to eliminate irrational restrictions on one of man's oldest and most common tools, decriminalize knife possession and advance the civil rights of America's knife owners.

The Knife Rights Foundation works to educate, inform and protect knife owners, pursuing litigation in support of knife owners' civil rights when necessary.

Both Knife Rights and the Knife Rights Foundation (www.KnifeRights.org) are dedicated to a Sharper Future for all Americans.

We need your help to fight DA Vance. Donate today to support Knife Rights Sharper Future™ Legal Fund.

Join Knife Rights and help us fight for you. Only a few days left for you to win big if you join or renew now.

(Please note that I am traveling to BLADE Show and may not be able to quickly respond to any replies to this post.)
 
It's precisely for reasons such as this that I am happy to support knife rights! Go get 'em!
 
Congratulations Sir,

A proud moment indeed, I watch on admirably as you take your(Knife Rights) case forward.

I know that many around the world will be watching how this case gains momentum. From South Africa I salute you.

Cheers,
Guy
 
Outstanding. This POS DA Vance needs to be dealt with as the extortionist that he is. Here is to a swift and resounding victory!
 
AS a NYC civilian.. this really put a smile on my face..

now if the knife-rights people win.. what does it mean for us..?

Can we then carry knives that can "flick" open, like a sebenza! =D?

(mine is coming tomorrow) =D!
 
Interesting approach to take. The city and state criminal courts have upheld the type of definition that Vance has been enforcing. It is possible to prove that the law when created was targetting a more specfic type of knife ( a real gravity knife), but my fear is the courts have for years interpeted the wording includes "flickable locking knives" also. As with many reviews of court decisions, the ruling court states what it feels the law means and that is what holds as law in the end reguardless of the intent when the law was written. Just look at the whole Second Amendment issue over the years and the different ways people interpet the words in it. The wording of the NY law still has me worried as to how a court will look at it. It is of course a fact that for several decades after the law was passed, these type of knives were made in NYS and sold openly every where with no action taken to indicte these were also illegal knives. I do think the fact that it is not clear how much force is needed to open the knife will help the case against the present enforcement. There are some knives that flick open instantly and other can be flicked by strong persons who know how to do it, but not opened that way by the general public. I hope this does not back fire and end up with a more restrictive law passed that clearly bans certain knives state wide due the attention this will bring, but as always that is the chance you take when you battle the dragon....

To see how complicated a court action is please take a minute to review the Judge's thinking on wheter or not a "dangerous knife" charge is justified:

http://caselaw.findlaw.com/nyc-criminal-court/1028578.html
 
Last edited:
tom19176 said:
To see how complicated a court action is please take a minute to review the Judge's thinking on wheter or not a "dangerous knife" charge is justified:

http://caselaw.findlaw.com/nyc-criminal-court/1028578.html
Click to expand...

I've come across "People vs Richards" on a bunch of legal sites, does anyone know how this case played out?

I agree with your earlier statement about what might come of this lawsuit. It could easily blow up into a situation where the rest of the state takes notice and starts to apply the more restrictive NYC interpretation after it survives this challenge. Or the judge could throw it out (that's my bet). Either way, something had to be done to clarify or scrap this law.

HH
 
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