Cracco v. Vance

NYC officials say a state ban on exotic and rare “gravity knives” applies to common folding knives that can be opened with the flick of wrist. Second Circuit (2018): The law is not unconstitutionally vague in all its applications. SDNY (2019): But for this plaintiff, who was previously arrested for carrying a folding knife and would like to carry one again without fear of arrest, the law is indeed unconstitutionally vague. “Because the wrist flick test is a functional one, it is difficult if not impossible for a person who wishes to possess a folding knife to determine whether or not the knife is illegal.” (We talked about gravity knives on the podcast some time back.)

Tags: 2019, Due Process, Fourteenth Amendment, Southern District of New York, Vagueness

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