Knife Rights To Appeal Outrageous NYC Ruling by Obama-Appointed Judge

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critter
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Knife Rights To Appeal Outrageous NYC Ruling by Obama-Appointed Judge

Postby critter » Thu Sep 26, 2013 9:22 pm

A U.S. District Court Judge has ruled that persons falsely arrested or threatened with arrest have no standing to sue in Knife Rights' Federal civil rights lawsuit against New York City and District Attorney Cyrus Vance Jr. Although every prior ruling in the case went our way under two previous judges, the case was recently reassigned to Obama appointee Katherine B. Forrest. Litigation always presents the risk that a judge (and especially a judge new to a case) will make an erroneous ruling.

On Tuesday the judge ruled that the plaintiffs in our case - who have been falsely arrested or threatened with arrest over common pocket knives - do not have standing to sue, in part because the case documents don't identify specific knives that would be illegal under New York City's interpretation of state law. The trouble is, it's nearly impossible to identify them under New York City's haphazard and inconsistent approach - which is the whole point of the case in the first place! Even the DA has admitted that different specimens of the exact same make and model knife could be simultaneously found to be both legal and illegal! Click to read the judge's ruling.

So here we have a situation where we're suing because we can't know with certainty what's legal or banned, yet the judge is saying we don't have standing to sue precisely because we haven't identified what's legal or banned in our court papers. That's simply absurd! :eek:

[BTW, just to make note of a significant escalation in the assault on knife owners of which Spydero owners should be aware. We were recently advised that a citizen carrying a Spyderco UK Pen Knife was arrested, even though that is clearly not an "illegal gravity knife" even by the absurd NYC and DA's definition because the blade does not lock open.)

But even if the judge were correct - which she is not - she was required by well-established legal principles to allow us a chance to amend our papers to "correct" the supposed "defects." Instead, she simply ignored these principles and declared the case over.

A similar situation arose in a recent lawsuit involving a U.S. District Judge in neighboring New Jersey. After straining to find supposed "defects" in the complaint that affected standing, the judge refused to allow the complaint to be amended to correct the "defects." On appeal, the ruling was reversed and the appeals court criticized the judge, saying she had abused her discretion. The same thing could happen here.

But whatever happens, this ruling forces Knife Rights to spend more time and money to appeal the judge's decision - all while Rome continues to burn. We still receive calls every week from innocent citizens whose lives have been turned upside down simply because they carried a basic tool, a pocket knife, in New York City. Thousands have been arrested on bogus illegal knife charges. In at least one instance of which we are aware, the result of the bogus arrest was that the victim's entire knife collection was confiscated from his home. Gun owners have had their firearms confiscated based on bogus knife arrests.

We cannot let New York City succeed in its attempt to redefine "gravity knife" to include ordinary folding knives. This could become a model for other cities and jurisdictions across America, resulting in knife owners throughout the country being arrested for doing nothing wrong. We cannot let that happen! And, we will not!

Knife Rights is carefully planning its response to Judge Forrest's ruling. We will never stop fighting for your rights, and neither should you. Please help us win this critical battle by contributing to Knife Rights Foundation's Legal Fund today as generously as you can. We've led the fight to defend knife rights in the legislative arena and we are pioneering it in the courts. Please help us defend freedom!

[CENTER]Make a tax-deductible donation to the Knife Rights Foundation Legal Fund TODAY! http://bit.ly/Scvp9[/CENTER]

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Postby jaybraueir » Fri Sep 27, 2013 4:49 am

Well i guess Obama does not have anything better to do.

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Postby 3rdGenRigger » Fri Sep 27, 2013 8:54 am

Edit: Did not read forum rules thoroughly enough. Post removed.
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Postby GronK » Fri Sep 27, 2013 4:24 pm

Gotta love Obama haters, even if they're from the People's Republic of Canada. So since this part of the forum seems to be open to political discussion lets get it on!!
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Postby GronK » Fri Sep 27, 2013 4:30 pm

I take that back. Rules quoted:

"• In an attempt to respect the extreme diversity of our members, we ask that you do not start or participate in any discussions relating to religion or politics."

Posts reported.
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Postby Sequimite » Fri Sep 27, 2013 6:11 pm

3rdGenRigger wrote:Sure he does...he'll probably skive off to the golf course or a night club to hang out with celebrities. He has the worst attendance record of any president in history, and all during the biggest recession since the 1930's. I'm just glad he's not my celebrity president.
Wow, what short memories the haters have.
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Postby 3rdGenRigger » Fri Sep 27, 2013 11:26 pm

GronK wrote:I take that back. Rules quoted:

"• In an attempt to respect the extreme diversity of our members, we ask that you do not start or participate in any discussions relating to religion or politics."

Posts reported.
I admit to not reading the rules thoroughly enough to remember that part. I will remove said post and remember said section of rules in the future. My apologies.
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Postby 3rdGenRigger » Fri Sep 27, 2013 11:39 pm

Further point though along said lines, if this isn't intended to be political in any way, the "Obama-Appointed Judge" part should be removed from the end of the thread title. It puts people into a political mindset (especially those of us who follow politics) before they even post.
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Postby GronK » Sat Sep 28, 2013 12:02 am

The "Obama" mention is what got my attention to begin with. Thank you for your attention to the issue. Hopefully others will follow.
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Postby The Deacon » Sat Sep 28, 2013 3:17 am

3rdGenRigger wrote:Further point though along said lines, if this isn't intended to be political in any way, the "Obama-Appointed Judge" part should be removed from the end of the thread title. It puts people into a political mindset (especially those of us who follow politics) before they even post.
True, and it's also somewhat misleading since a Federal judge appointed under almost any Democratic administration in the past 50+ years would be very likely to have/have had the same mindset.
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Postby GronK » Sat Sep 28, 2013 8:18 am

A user with the same name as the OP posted the same thing on another knife related forum and, to prevent political comment, they stickied it and locked it. . . . . .. with the Obama reference intact. When is Obama bashing not political?
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Postby Blerv » Sat Sep 28, 2013 9:05 am

Maybe people should stop bringing up Obama and focus on this specific knife legislation. Thread relevancy, etc.

Edit: I just realised critter did in the thread title. Sigh, sorry.
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Postby Sequimite » Sat Sep 28, 2013 9:55 am

"Obama" is in the title for fund raising purposes.
Our reason is quite satisfied, in 999 cases out of every 1000 of us, if we can find a few arguments that will do to recite in case our credulity is criticized by someone else. Our faith is faith in someone else's faith, and in the greatest matters this is most the case.
- William James, from The Will to Believe, a guest lecture at Yale University in 1897

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Postby GronK » Sat Sep 28, 2013 11:07 am

Sequimite wrote:"Obama" is in the title for fund raising purposes.
That makes sense. Alienate over 50% of the potential supporters right off the bat. Good move!
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Postby Blerv » Sat Sep 28, 2013 12:06 pm

GronK wrote:That makes sense. Alienate over 50% of the potential supporters right off the bat. Good move!
Yep. Always good to unite a band of passionate hobbyists for a reasonable cause then throw in a little diatribe to send half of them running. ;)
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Postby fanglekai » Sat Sep 28, 2013 12:20 pm

The topic of discussion should be the law, not who the judge is or who appointed him or her. Turning it into a partisan issue alienates people and shifts the focus where it doesn't belong. I won't be donating.

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Re: Knife Rights To Appeal Outrageous NYC Ruling by Obama-Ap

Postby Wanimator » Mon Sep 22, 2014 6:06 am

Very irritating. Oh crap, I necroposted, forgive me.

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Re: Knife Rights To Appeal Outrageous NYC Ruling by Obama-Ap

Postby Monocrom » Mon Sep 22, 2014 7:55 am

Some topics are worth resurrecting.

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Re:

Postby SpyderEdgeForever » Mon Sep 22, 2014 10:16 am

fanglekai wrote:The topic of discussion should be the law, not who the judge is or who appointed him or her. Turning it into a partisan issue alienates people and shifts the focus where it doesn't belong. I won't be donating.
I agree, completely. BOTH Democrats, Republicans, and other political party members should all stand together against all forms of knife bans. It is nonsensical. Whether you are a Dem or a Repub or whatever, owning, carrying, using, enjoying, collecting, studying, etc knives and cutting tools and edged tools and weapons is a fundamental right of human existence.

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Re: Knife Rights To Appeal Outrageous NYC Ruling by Obama-Ap

Postby The Mastiff » Wed Sep 24, 2014 5:05 am

Whether you are a Dem or a Repub or whatever, owning, carrying, using, enjoying, collecting, studying, etc knives and cutting tools and edged tools and weapons is a fundamental right of human existence.
Try throwing that slogan against the magistrate or judge when you appear in court and see if it helps. Fundamental rights are fundamental rights only in your mind at this point in history in case you aren't paying attention. People also reinterpret the constitution to suit their world views. Different judges give different rulings on the same cases as they go up the ladder. I suppose that's why there are majority rulings in the supreme court.


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