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UPDATE: NY Senate Unanimously Passes Bill to Stop Arrests in NYC – But, Will Gov Sign it?

Is the third time the charm? The New York State Senate has unanimously passed A5944, in a floor vote that substituted the already unanimously passed companion Assembly bill for S4863. These Gravity Knife Ban Repeal bills were sponsored by our longtime allies Assemblyman Dan Quart and Senator Diane Savino. This is yet another “stab” by our friends in the NY legislature  to address the bogus arrests and prosecutions on unconstitutionally vague Gravity Knife charges of knife owners carrying common folding knives in New York City. Governor Cuomo has twice vetoed similar bills.

A5944 would remove “gravity knife” from all New York criminal statutes, while leaving the existing definition of a Gravity Knife intact. While Cuomo admitted in one veto message that, “[New York City’s] interpretation of the “gravity knife” has resulted in a definition that is both amorphous, subject to abuse and could include nearly any pocket knife,” it didn’t stop him from vetoing both previously overwhelmingly passed bills.

While the legislature attempts again to address this issue, in New York City the arrests continue, even after a lower court ruled the arrest unconstitutional in limited circumstances.

Gov. Cuomo will now have another opportunity to do the right thing and sign or  allow this unanimously passed bill to become law without his signature. There is no set timetable for when the bill will be transmitted to the governor. He will have 10 days to act once it is transmitted.

Knife Rights will let you know when this bill is transmitted to Gov. Cuomo and it’s time to contact him to ask him to sign this bill

Meanwhile, Knife Rights’ federal civil rights case that is attempting to rid the city entirely of its infamous “wrist flick test” is on petition to the U.S. Supreme Court. Three strong amicus briefs have been filed and the Court directed the City and DA Vance to respond to plaintiff’s petition for Writ of Certiorari. Those were filed late Monday. We have until May 28th to file a response to NYC’s and DA’s briefs. 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.

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UPDATE: NY Assembly Passes Bill to Stop Unconstitutional Arrests in NYC

The New York State Assembly unanimously passed Assemblyman Dan Quarts’ bill, A5944, another effort by our longtime ally to address the bogus arrests and prosecutions on illegal Gravity Knife charges of knife owners carrying common folding knives in New York City. Governor Cuomo has twice vetoed similar bills.

A5944 would remove “gravity knife” from all New York criminal statutes, while leaving the existing definition of a Gravity Knife intact. While Cuomo admitted in one veto message that, “[New York City’s] interpretation of the “gravity knife” has resulted in a definition that is both amorphous, subject to abuse and could include nearly any pocket knife,” it didn’t stop him from vetoing both previously overwhelmingly passed bills. Cuomo seems bound and determined to see these arrests continue, even in the face of recognition by virtually every legislator in Albany that these unjust arrests must stop.

Having passed the Assembly, Senator Robert Jackson’ companion bill, S3898, will now be the focus of attention.

While the legislature attempts again to address this issue, in New York City the arrests continue, even after a lower court ruled the arrest unconstitutional in limited circumstances.

Knife Rights will monitor this legislation and let you know if you need you to act to support this bill.

Meanwhile, Knife Rights’ federal civil rights case that is attempting to rid the city entirely of its infamous “wrist flick test” is on petition to the U.S. Supreme Court  Three strong amicus briefs have been filed and the Court has directed the City and DA Vance to respond to plaintiff’s petition for Writ of Certiorari.


Tenacious Dems in NY Again Working to Stop Arrests in NYC – Gov Shows No Inclination to Alter Opposition

Longtime Knife Rights friend New York State Assembly Member Dan Quart and Senator Robert Jackson have introduced companion bills, A5944 and S3898, in another effort to address the bogus arrests and prosecutions on illegal Gravity Knife charges of knife owners carrying common folding knives in New York City. Governor Cuomo has twice vetoed similar bills.

A5944/S3898 would remove “gravity knife” from all New York criminal statutes, while leaving the existing definition of a Gravity Knife intact. While Cuomo admitted in one veto message that, “[New York City’s] interpretation of the “gravity knife” has resulted in a definition that is both amorphous, subject to abuse and could include nearly any pocket knife,” it didn’t stop him from vetoing both previously overwhelmingly passed bills. Cuomo seems bound and determined to see these arrests continue, even in the face of recognition by virtually every legislator in Albany that these unjust arrests must stop.

Meanwhile, another longtime Knife Rights friend New York State Senator Diane Savino has once again introduced a “Bias Toward Closure” bill, S 3422, to address these bogus arrests. This is the exact same Knife Rights-requested bill that was passed overwhelmingly by the legislature in 2016 but was vetoed by Governor Cuomo.

S 3422 adds clarifying bias towards closure exception language to the definitions of a switchblade and a gravity knife in NY statutes. Common folding knives have this bias to keep them safely closed in a pocket, while true switchblades and gravity knives do not.

Knife Rights will monitor this legislation and let you know if you need you to act to support this bill.

Meanwhile, as noted above plaintiffs’ petition for Writ of Certiorari to the Supreme Court of the United States is moving through the process at the Court. This Knife Rights case also aims to stop the persecution of knife owners in New York City.