UPDATE: Plaintiff’s Reply Brief Filed with SCOTUS in NYC Gravity Knife Case

In response to New York City’s and District Attorney Cyrus Vance’s opposition briefs filed last week, Plaintiffs submitted their Reply Brief today.  CLICK HERE to read the Reply Brief.

The Reply Brief points out to the Court that the City and DA take the same approach in their opposition briefs that they have taken through this lawsuit. They ignore the substance of the case and instead employ misdirection to distract from review of the actual issues. None of it contradicts the clear fact that the court of appeals misapplied the Supreme Court’s controlling precedent in order to prevent review of a law that puts millions of New Yorkers at risk of arrest and prosecution merely for carrying an ordinary pocket knife.

They argue that the circuit split is not real when it plainly is.  Moreover, two more circuits have recently decided cases that increases the split; it is now four circuits to one with the Second Circuit’s flawed interpretation now an even more obvious outlier. They argue that the issue presented in the Petition was not preserved when it was plainly passed on by the court of appeals. And, they disregard the actual record — all of this in an effort to get this Court to “pay no attention to that man behind the curtain,” the very real issue of vagueness at the heart of this case.

This reply brief is the last filing normally provided prior to the Court’s conference, which is scheduled for June 13. At that time the Justices would be expected to decide whether or not to grant the petition and hear the case. It will be Monday, June 17, before they will post the results of the conference.

UPDATE: NYC & DA Respond to Cert Petition in Knife Rights’ NYC Gravity Knife Case

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.

Both briefs continue the Defendants’ campaign of misdirection and obfuscation. They repeatedly mischaracterize the nature of the claim and draw upon irrelevancies to raise alleged defects in the petition that are not there.

Read the two briefs:

New York City Opposition Brief
DA Vance Opposition Brief

After review of the two briefs, we are more confident than ever that our petition has merit and that there are constitutional issues of significant consequence in this case that the Court should hear.

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.

Three amicus curiae (friend of the court) briefs have been filed in support of plaintiffs’ petition.

Meanwhile, the New York legislature has passed a bill that would repeal the ban on gravity knives, but the question is, will Governor Cuomo sign it? He has vetoed two bills previously passed in 2016 and 2017.

SCOTUS Directs NYC & DA to Respond to Plaintiffs’ Cert Petition

The U.S. Supreme Court has directed New York City and District Attorney Cyrus Vance, Jr. to respond to plaintiffs’ petition for Writ of Certiorari in Knife Rights’ nearly eight-year-old civil rights lawsuit over New York City’s persecution of pocket knife owners.

The City and DA had waived their response, but at least one Justice has indicated a desire to hear from the Respondents before the petition is considered by the full court at a conference of the Justices. They have until March 29th to file their response, unless extended by the Court.

Earlier this month, three amicus curiae (friend of the court) briefs were filed in support of plaintiffs’ petition.

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