sgt1372
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- Oct 16, 2018
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I'm surprised no one has mentioned this decision here yet. I just saw it reported on a gun owners website. Please forgive the dup thread if it has already been reported here as well.
Cracco v. Vance, Case 1:14-cv-08235-PAC, US District Court, Southern District NY (March 27, 2019)
The District Court granted plaintiff's motion for summary judgment to declare NY's statute making the possession of a "gravity knife" unconstitutional for vagueness because there Court ruled that there was no clear definition of what constitutes such a knife and no way for people to know whether they possess such a knife or not, which allows law enforcement unfettered discretion to decide whether a violation has occurred or not.
The decision certainly will be appealed by the defendant Cyrus Vance, the DA for NY County but it seems like it was a well written opinion which I (as a retired attorney) think has a good chance of being upheld on appeal. It will be interesting to see how the case is handled and whether it will make its way to the Supreme Court or not.
Cracco v. Vance, Case 1:14-cv-08235-PAC, US District Court, Southern District NY (March 27, 2019)
The District Court granted plaintiff's motion for summary judgment to declare NY's statute making the possession of a "gravity knife" unconstitutional for vagueness because there Court ruled that there was no clear definition of what constitutes such a knife and no way for people to know whether they possess such a knife or not, which allows law enforcement unfettered discretion to decide whether a violation has occurred or not.
The decision certainly will be appealed by the defendant Cyrus Vance, the DA for NY County but it seems like it was a well written opinion which I (as a retired attorney) think has a good chance of being upheld on appeal. It will be interesting to see how the case is handled and whether it will make its way to the Supreme Court or not.
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