Fair notice, I'm a Knife Rights affiliate (as if most of you didn't know that already).
After NYC started charging anyone carrying standard pocket knives that can be opened one handed as "gravity knives" (crazy) the knife-focused 2A group Knife Rights filed suit against the City and their DA. They've gone through a lot trying to right this distortion of the law and have even been successful in passing legislation in the state that would have prevented NYC and Vance from continuing to persecute knife owners, but the Governor has twice vetoed the overwhelmingly D and R supported bills and the NY courts continue to oppose the legal efforts.
After NYC started charging anyone carrying standard pocket knives that can be opened one handed as "gravity knives" (crazy) the knife-focused 2A group Knife Rights filed suit against the City and their DA. They've gone through a lot trying to right this distortion of the law and have even been successful in passing legislation in the state that would have prevented NYC and Vance from continuing to persecute knife owners, but the Governor has twice vetoed the overwhelmingly D and R supported bills and the NY courts continue to oppose the legal efforts.
Oral Argument will be held this Thursday in our long-running Federal civil rights lawsuit against New York City and District Attorney Cyrus Vance, Jr., which is currently under appeal.
Knife Rights members and supporters are welcome to attend the Oral Argument in New York City. Oral Argument before a three-judge panel of the United StatesCourt of Appeals for the Second Circuit is the next step in the appeal of U.S. District Court Judge Katherine B. Forrest's tortured decision against the plaintiffs. That decision fundamentally re-characterized the case in a way that did not reflect the case presented.
The lawsuit challenges the City's practice of treating common folding knives as prohibited "gravity knives," then arresting and prosecuting law-abiding knife owners at the current rate of approximately 6,000 per year and intimidating retailers into paying large cash sanctions to avoid prosecution. Under the City's vague and subjective "wrist flick" test, it is impossible to know what knives will be treated as legal.
The hearing is scheduled for Thursday, January 18, 2018 at 10:00 AM in Courtroom 1703 at the Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York City. (Click here for the Court's map and subway directions or Click here for Google Maps).
Although the 10:00 AM calendar has our case listed first, there are other cases on the calendar as well and they are not always heard in order of listing. So, there is no way to predict exactly when our case will be heard that morning.
Please note that this is not a trial court and the format of the hearing may be unfamiliar. This is a very formal proceeding in front of a Federal Appeals Court, just one step below the U.S. Supreme Court. The attorneys from each side present their arguments and will be grilled by the three Appeals Court Judges on the panel as to the fine points of their legal arguments and the law. The actual hearing can be expected to last as few as 30 minutes up to an hour at the most.
If you come to watch, you should allow time to clear security. It should come as no surprise that you will have to leave your pocketknife at home and you will have to pass through a metal detector and screening area. You may not be allowed to bring a cell phone, tape recorder or photographic equipment into the court house, so be prepared for that. Again, allow extra time to get through security.
While it isn't required that you "dress up" in a suit and tie, please do respect the Court and dress appropriately. While in attendance, please remember that your actions will reflect on Knife Rights. You are there only to respectfully and courteously witness the proceedings.
Click here to review the full appeal record including Plaintiff's Appeal Brief and the two Amicus Briefs in support.
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