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Knife Rights has filed its petition for a rehearing by the full Court, known as “en banc,” after a three judge panel of The United States Court of Appeals for the Second Circuit ruled in favor of New York City and District Attorney Cyrus Vance, Jr. in Knife Rights’ long-running federal civil rights case. At issue is the City’s policy of treating any locking blade folding knife that can be “wrist flicked” open as a prohibited gravity knife.
The Plaintiff-Appellants’ Petition for Panel Rehearing or Rehearing En Banc (Click to read the petition), makes four key arguments for re-hearing where the panel’s decision is in conflict with well-establish U.S. Supreme Court and Second Circuit precedent. Every one or any single one of these issues turns precedent on its head, and as such, the petition argues the panel decision ought to be reheard by the full court.
There is no deadline for a decision on this petition. Knife Rights Chairman Doug Ritter said, “We hope that the full Court of Appeals for the Second Circuit will recognize the errors made by this three judge panel and that they will rehear the case en banc.”
Any knife owner in New York City or traveling through New York City, must remain cautious about possessing and carrying any lockblade common folding knife, lest they be arrested and prosecuted for possession of an illegal gravity knife. Click here for more information on New York City’s odd laws regarding carry of knives.