The United States Court of Appeals for the Second Circuit has rejected Plaintiff-Appellants’ petition for a rehearing by the full Court known as “en banc.” Despite conflict with four well-establish U.S. Supreme Court and Second Circuit precedents, the full court will not reconsider the badly flawed three-judge panel’s decision in favor of New York City and DA 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.
This decision means that the City and DA will continue to arrest and prosecute approximately 500 innocent knife owners per month who are carrying common folding knives that are not considered gravity knives anywhere except New York City.
The next step would be a writ of certiorari (“cert”) to the U.S. Supreme Court. We have 90 days from the date of the denial of rehearing en banc. We are currently reviewing our options in this regard.
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.