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Gilbert, AZ –-(Ammoland.com)- In a serious blow to the attempts by New York City and NYC District Attorney Cyrus Vance, Jr. to derail Knife Rights’ federal civil rights lawsuit against them, U.S. District Judge Barbara S. Jones on September 10 denied their motions for judgment on the pleadings and to dismiss the case.
The ruling comes on the heels of a decision by Federal Magistrate Judge Ronald Ellis on September 7 allowing victimized NYC retailer Native Leather to join the case as a plaintiff (announced yesterday).
Download Judge Jones’ opinion and order here: https://bit.ly/ODNGi4
Together, these rulings affirm that Knife Rights’ lawsuit is valid on its face and will proceed to trial.
“Despite their attempts to make this case go away, NYC and DA Vance will now be held fully accountable in federal court by Knife Rights for their disgraceful attempts to demonize the most widely-owned pocket knives in America as contraband, and to intimidate honest knife retailers into making six-figure forced ‘contributions‘ to the City, under threat of criminal penalty, in order to avoid prosecution,” said Knife Rights Chairman Doug Ritter.
The case seeks a judicial determination that the New York State laws regarding “switchblades” and “gravity knives” are unconstitutionally vague as applied to common pocket knives with a bias towards closure, including one-hand opening and assisted-opening folding knives.
Ritter continued, “The dismissal of these motions vindicates our position that there are real constitutional issues involved. The City cannot simply expand the state law to persecute knife owners and retailers to suit their own ends.”
“Suing the largest city in the U.S. is not something to be done lightly, but it is essential to our freedoms that New York not be allowed to trample on our rights, and Knife Rights has stepped up to the plate to defend freedom,” said Ritter.
“Perhaps now DA Vance will recognize that this lawsuit is not going away and come to his senses instead of continuing to waste taxpayer resources victimizing law-abiding citizens who simply possess a practical tool (a common pocket knife), and the honest retailers who sell these tools.”
Plaintiffs in the case are Knife Rights, Inc., Knife Rights Foundation, Inc., Native Leather, Ltd., and 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 the New York County DA and the City of New York itself. Knife Rights is represented by attorney David D. Jensen, Esq. of New York.
About Knife Rights
Knife Rights is America’s Grassroots Knife Owners Organization, working towards a Sharper Future for all knife owners. Knife Rights is dedicated to providing knife owners an effective voice in public policy. Become a Knife Rights member and make a contribution to support the fight for your knife rights. Visit www.kniferights.org
States Breaking Federal Law are the same as Criminals: Local or State laws on guns, can not over rule the nation law up held by the supreme court that all Americans who are law abiding have the right to own weapons to protect themselves. We have state like CA & NY, that take away this right from the citizens of their state and will continue to do so as long as they are not challenged. They will break the law as long as they can get away with it. Sounds like the same kind of logic that criminals use, to… Read more »
It is a shame that the city that I learned to carry in has become such a hostile place for knives. I began carrying with my dads permission, encouragement and training when I was all of 11 years old in the tumultuous Brooklyn 70's. Glad I did, that knife prevented many opportunities for my victimization. New York City back then was a very different place from the clean, relatively safe place we see today. I recall the shops along the old 42nd street carrying all sorts of bladed and martial arts weapons. Today it is Disney North. Times change, however… Read more »