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National 2nd Amend. Political & Legal Discussion Discuss national gun rights and 2A related political topics here. All advice given is NOT legal counsel.

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  #1  
Old 01-16-2019, 8:45 PM
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Thumbs up Petition for Writ of Cert. filed with SCOTUS in Knife Rights’ NYC Gravity Knife Case

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Plaintiffs’ petition for Writ of Certiorari to the Supreme Court of the United States in Knife Rights’ nearly eight-year-old civil rights lawsuit over New York City’s persecution of pocket knife owners was filed today. The petition requests that the Supreme Court review the Second Circuit’s decision against our plaintiffs in this case.

Knife Rights Chairman Doug Ritter said, “It is unfortunate that we are forced to appeal to the Supreme Court in order to gain justice for knife owners in, and travelers to, New York City. These tens of thousands of unconstitutional arrests and prosecutions are an affront to the most basic concept of justice and simple common sense. Even the New York legislature recognized this by twice overwhelmingly passing bills that would address the issue in New York City, only to be vetoed by Governor Cuomo supporting his cronies in the City. This ongoing persecution cannot stand.”

While our lawsuit against New York City and District Attorney Cyrus Vance, Jr. centers on their abusive enforcement of New York State’s gravity knife ban against owners of common pocket knives as being constitutionally void for vagueness, the focus of the petition is on the larger constitutional issues surrounding vagueness and how it is applied in the different circuits....
More at: https://kniferights.org/legislative-...ty-knife-case/

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  #2  
Old 01-22-2019, 9:19 PM
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Here's a link to SCOTUS' docket page for this case, Copeland:
https://www.supremecourt.gov/search....ic/18-918.html
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Old 03-05-2019, 1:48 PM
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On February 27, the Court called for a response from New York City to be filed by March 29, 2019.

Can we move this thread to the Second Amendment litigation forum? The petition doesn't actually cite the Second Amendment, but I'd prefer to have all the Second Amendment litigation cases in one location.
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Old 05-16-2019, 8:08 AM
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In conformity with the U.S. Supreme Court’s direction that they respond to Plaintiff’s Petition for Writ of Certiorari in our long-running Gravity Knife case, New York City and DA Cyrus Vance, Jr. filed opposition briefs Monday, May 13.

<snip>

Petitioner’s response to the NYC and DA briefs is due May 28. That would be expected to put us on schedule for a June conference where the Justices will decide whether or not to grant the petition and hear the case.
More at:
https://kniferights.org/legislative-...da-to-respond/
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Old 05-16-2019, 10:28 AM
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It looks like that case is turning on vagueness, not on 2A issues.

The law is crazy vague, with different results depending on the wrist flipping technique used, different opinions on whether a certain style of wrist flick is normal or "exaggerate" (yes, that's the word NY used in its brief). Different results depending on if the knife has come lose / smooth with time or not. Is my knife a "gravity knife" depends on the wrist technique and strength of someone testing it. Pretty sure that nearly any knife in existence could be flicked open somehow by someone.

It would be cool though to see SCOTUS rule that knives are, indeed, protected arms. They already said that stun guns are, so surely knives must be.
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Old 05-16-2019, 10:35 AM
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Originally Posted by CCWFacts View Post
It looks like that case is turning on vagueness, not on 2A issues.
Yes, I had posted this thread in the Blades forum, but since Kuku asked for it to be moved to the 2nd A forum (since it's dealing with weapons), I agreed.
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Old 05-16-2019, 11:25 AM
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Quote:
Originally Posted by Paladin View Post
Yes, I had posted this thread in the Blades forum, but since Kuku asked for it to be moved to the 2nd A forum (since it's dealing with weapons), I agreed.
Thank you.
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Old 05-16-2019, 11:34 AM
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But it's not a CA case, or originally filed in CA courts, so moved to National.
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Old 05-16-2019, 11:36 AM
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But it's not a CA case, or originally filed in CA courts, so moved to National.
Still thank you.
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Old 05-16-2019, 12:07 PM
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Still thank you.
Don't feel bad: we'll make Librarian move it back to Litigation once it's been granted cert.
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