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In a remarkably commonsense decision, a New York court has set aside a Gravity Knife prosecution "in the interest of justice." You can read the decision here: http://nylawyer.nylj.com/adgifs/decisions14/072414webber.pdf This decision is getting a lot of attention, which is good, however...WARNING! Residents of New York City and those traveling there should NOT take this as meaning that they can now carry any folding knife they want (see more below).
This is a positive outcome for a number of reasons, but most importantly because, while it unfortunately affirms the so-called "wrist flick test" as a means of identifying a Gravity Knife in New York, which we assert in our Federal Civil Rights Lawsuit as being an unconstitutionally vague test, it recognizes that a great many people carry and use such knives for lawful purposes, both throughout the U.S. as well as in New York. Further, the court acknowledged that the law has been criticized for its harsh impact on the law abiding citizen and specifically cites the case of Knife Rights' plaintiff John Copeland as one example. The court then goes on to note that the legislature has made several attempts to try and ameliorate the harsh nature of the law by making intent to use for a criminal purpose an element of the offense, rather than mere possession. Finally, the court found that the fact that the defendant had no criminal intent was, in part, a basis for dismissing his indictment, "in the interest of justice."
Residents of New York City and those traveling there should NOT take this as meaning that they can now carry any folding knife they want that is otherwise carried in compliance with NYC rules (under 4-inches and carried concealed). In New York the "Supreme Court" is something of a misnomer and this is not an appeals level court. We have no expectation that the New York City Police Department or District Attorney Cyrus Vance, Jr, will suddenly stop arresting anyone who they can allege to have a gravity knife based on the "wrist flick test." We continue to provide the same cautions for NYC knife carriers that we have given for some time:
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Indeed a step in the right direction though Doug. Thank you for your tireless efforts to keep us informed and on the right side of the law Until we can get the laws changed, this common sense finding is at least a small ray of sunshine!
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