Knife Rights has announced that they will appeal their long-running case against New York over the definition of gravity knives to the Supreme Court. The case centers around common folding knives that have been the target of enforcement by the NYPD and the Manhattan District Attorney. The victims of this unjust definition have usually been trades people and minorities.
From Knife Rights on their plan to appeal:
Knife Rights’ NYC Gravity Knife Case Appeal Headed To U.S. Supreme CourtKnife
Rights is going forward with an appeal to the Supreme Court of the
United States of the Second Circuit’s decision in favor of New York City
and District Attorney Cyrus Vance, Jr. in our long running civil rights
lawsuit over their persecution of pocket knife owners.
Justice Ruth Bader Ginsberg last week granted us a 60-day extension
until January 13th, 2019, for submission of our petition for a writ of
certiorari asking the Court to hear our appeal.
lawsuit against New York City and DA Vance centers on their abusive
enforcement of New York State’s gravity knife ban against owners of
common pocket knives, the focus changes somewhat as it moves to the
Supreme Court. Keep in mind that the Supreme Court does not generally
agree to hear a case just because any particular decision in a case is
unjust, irrational or just plain terrible, all of which describe this
ruling in spades.
Beyond settling major constitutional issues,
the Court will sometimes choose to resolve differences in the
application of Federal law among different Federal circuit courts when
its decisions are not applied the same throughout the U.S. The Second
Circuit panel’s ruling regarding our constitutional vagueness claim in
this case opens up that possibility with starkly split decisions between
it and other circuits, as well as splits between a number of state
courts. The writ explains why this case is important and worthy of the
Court’s limited time.
A Supreme Court decision to hear the case
could affect the implementation and enforcement of a wide spectrum of
laws to persons throughout the U.S. It is no longer just about these
common folding knives. New York City’s enforcement of the state’s
gravity knife law against common folding knives is now the vehicle to
answer the bigger constitutional question at issue. Only if the Supreme
Court accepts the case do we get to argue the merits of our particular
case as it reflects this bigger issue.
It’s always long odds for
any case to be accepted by the Supreme Court. However, not making the
attempt ensures we lose. And, that would allow very bad precedent to be
set in stone.
Taking a case to Supreme Court is an expensive
proposition, more so for a small organization like Knife Rights. We
still need to raise significant funds for this effort if we don’t want
to hand a victory to New York Governor Cuomo, DA Vance andr New York
City Mayor de Blasio