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Knife-Lovin' Patriots Sue City Over Gravity Knife Arrests

060111knife.jpg

Not long after a man stabbed two men to death on the No. 2 train with a kitchen knife last year, the NYPD stepped up its enforcement of the city's illegal knife ban, and Manhattan DA Cyrus Vance got Paragon and Home Depot to stop selling illegal switchblades. Former Pulino's chef Nate Appleman was caught up in the crackdown, as was artist John Copeland, who was arrested in October for allegedly carrying a gravity knife in a belt clip as he walked home in the East Village. Now Copeland has filed a lawsuit to block these kinds of arrests, and he's teamed up with the Arizona-based group Knife Rights. Their slogan: Sharper Future™.

061011knife.jpg While the rest of us are passively following the herd to a knife-free slaughter, a small but dedicated group of knife lovers are on the front lines fighting for your right to own one-hand opening pocket knives. New York State law prohibits knives that open via centrifugal force and have a blade that locks automatically in place. The Knife Rights lawsuit defends these blades as "legal tools, used and carried every day by millions of law-abiding citizens for work, recreation and self-defense." Who doesn't enjoy a nice recreational afternoon in the park with a razor sharp gravity knife?

Copeland's lawsuit argues that he showed same knife to other cops "on two separate occasions" and he says they told him it was legal after they they tried and failed to open it "using a 'flicking motion," the Post reports. Copeland got off with a conditional discharge after his arrest. Reached for comment about his lawsuit, city lawyer Gabriel Taussig said the suit "has no merit. We are confident that the court will find no constitutional violations." Tell that to Ted Nugent, pal—the gun toting musician has also thrown his weight behind Knife Rights. On the group's website he's prominently quoted declaring, "God Bless knife rights!"

But the whole thing makes Knife Rights Chairman Doug Ritter see red; in a press release he eviscerates District Attorney Vance for "trying to advance his political career by exploiting a vague state law to demonize common pocket knives. One-hand opening pocket knives are legal tools, used and carried every day by millions of law-abiding citizens for work, recreation and self-defense. Shame on D.A. Vance for demonizing common tools and turning honest citizens into criminals for purely political ends."

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Comments [rss]

  • I would feel naked walking around the city without a knife. Never got stopped by a cop.

  • The line between what does and doesn't constitute a knife would not be so blurry were Crocodile Dundee still in town.

  • Peanut_Butter

    Don't fuck with my katana.

  • There's no such thing as a centrifugal force, so I reckon they're all fine anyway.

  • I've been hassled more times than I'd care to count over knives lately...twice for a legal, non-switchblade, non-gravity knife that earned me a summons (which was overturned in court); once for a Leatherman (which earned me no ticket nor summons, but a lot of needless harassment from one particularly boneheaded cop and his partner); and most recently, for a flashlight in my pocket which the cop decided was a knife. In all of these cases, the cops did not obtain my consent for a search, but rather ordered me to put my hands up while they fished into my pocket.

    I don't have a problem with enforcing actual laws in a legal fashion, but as with many things these days, the problem is cops illegally enforcing laws that don't exist, at least not as they understand them.

  • edgie168

    Better shave your beard and wear a neon pink hat from now on.

  • ONE_LESS_FIXED_GEAR

    Four stop and frisks?  That's somewhat out of the ordinary.  But at the very least, a cop doing SAF's should know what the hell the laws are.  He's going to get nothing but problems if he doesn't know what constitutes a violation.

  • Bernie_Geotz_Squirrel_Luv

    damn, you're a cop magnet.
    but you're right about that "consent to search" BS.

  • jaycjay

    Sounds from the above account that NYS law on gravity knives was irrelevant to his arrest. If he had the knife in a belt clip, that itself is a violation in NYC (though not in the rest of the state). It doesn't matter what kind of knife if is... technically, you can be ticketed in NYC for carrying a leatherman-type tool if it is not concealed from view.

    Keep it in your pocket, or in a bag, and you're fine. "No open carry," to use the term usually used in the handgun context.

  • not entirely accurate....the civil code pretty clearly lists a huge number of exceptions to that rule, the one of most interest being if you're carrying it to or from any kind of job, occupation or hobby that traditionally requires a knife.

  • jaycjay

    Right, carrying it "immediately to or from" certain places is exempt. I wouldn't go as far as to say "any hobby" as the list is specific: "hunting, fishing, camping, hiking, picnicking or any employment, trade or occupation customarily requiring the use of such knife." There are also further exemptions for Boy Scouts and similar organizations and for theatrical use.

    This is all, for those interested, in NYC Administrative Code
    Section 10-133:http://codes.lp.findlaw.com/ny...

  • apparently bad summonses for this particular violation are common enough that the courts have a boilerplate document to hand out if, at your arraignment, you claim to need the knife for work. they hand you a copy, you get it signed by someone at your job, and the charge is overturned. that's exactly what happened to me.

    and you're right, I thought the word "hobby" was in the list of exemptions, but I must have been thinking of "trade".

  • Guest

    are you sure? if you have a legal knife (unfixed blade under 4") in your pocket isn't that considered a concealed weapon?

    it seems they would want you to have it in view. i'm merely using the logic of pistols, concealed carry is the hardest permit to acquire so it would seem that other weapons would be treated the same by the NYC nannystate.

  • jaycjay

    " if you have a legal knife (unfixed blade under 4") in your pocket isn't that considered a concealed weapon? "

    Generally, no. There's nothing in the state law that says you can't carry a "concealed weapon." Possession of certain weapons is prohibited; the issue of concealment isn't addressed. It's the city administrative code that takes it further in addressing unconcealed knives.

    " i'm merely using the logic of pistols, concealed carry is the hardest permit to acquire so it would seem that other weapons would be treated the same"

    "Concealed" is the only type of pistol permit there is in NYS. There is no "open carry" permit. In fact, the state law doesn't address that topic at all; unless you are in a locality that does specifically forbid it, a permit to carry a concealed handgun likely also allows you to carry it openly in a holster. Though you may expect, in most places, to be approached by police if you do so.

    Anyway, on the logic regarding concealed knives: "It is... found that the wearing or carrying of knives in open view in public places... is unnecessary and threatening to the public."

  • jaycjay

    By the way, here's a recent Philadelphia story a guy with a pistol permit who has been stopped  a couple of times for wearing a gun openly in a holster. Basically, local police say they're going to keep doing that:
    http://www.foxnews.com/politic...

    But if he just conceals the gun, he'll have no problems at all.

  • Guest

    man, that is a messed up story. sounds like Officer Dougherty needs a refresher class in the laws he's sworn to uphold and some anger management.

  • Guest

    thanks, i knew you'd come through.

  • edgie168

    wait, so my emerson karambit is illegal? the one i keep in a different location in, uh.. new jersey.

  • BottomlessChips

    JDS, you of anyone should know that the NYPD won't always be there to protect you in times of need. You have a right to protect your life. 

  • ONE_LESS_FIXED_GEAR

    Yep...no knives, no guns, no mace, nada.  Almost makes me wish I were the criminal type, this city would be mine for the taking, 

    No one seems to get this.  Criminals do not give a f*** about laws against weapons.  So they have them, and we do not.  Not really an equitable arrangement.

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