New York District Attorney Vance's dramatic press conference on Thursday was quite a show with a very impressive array of so-called gravity knives and switchblades displayed, but political grandstanding doesn't change the fact that the claims made by Vance had little basis in truth.

Knife Rights Chairman Doug Ritter said, "the outrageous claims made by Vance to rationalize his shakedown of honest knife retailers during his press conference were all deliberate misrepresentations or half-truths, if not outright lies. If the general media in attendance wasn't so unfortunately uninformed of the issues and the law, as well as the technical aspects of folding knives, he might have had a more difficult time getting them to swallow the unmitigated fabrications he was dishing out."

Since the industry's numbers put the pocket knife-carrying population in the area of forty million, and 80% of the knives sold in America are one-handed openers of one design or another, for certain the majority of these millions understand just how absurd the DA's claims are when they see a display of the same knives they carry and use everyday deemed to be illegal. The increased practicality and safety of these commonly used tools over more traditional pocket knives accounts for their widespread popularity.

Said Ritter, "It's hard to imagine how Vance could be further out of touch with both the law and mainstream America."

Vance claimed in the press conference and on their propaganda video shown and distributed that arrests for knife possession were up to 3000 last year. That appears to be a quite an exaggeration as the DA's own press release put the figure at 2,269.

"In any case, the number is meaningless," said Ritter. "Whichever number is used, it simply represents the increased abuse of New York's law against gravity knives. In virtually every case where those accused have competent legal representation, the charges are dropped or dismissed. Unfortunately, not all plaintiffs get attorneys well-versed in the issue. That doesn't change the fact that overly broad application of New York's law is indefensible."

In the most egregious example of this outrageous abuse of the law at the press conference, on display were Husky folding utility knives. In the landmark knife law case of U.S. v Irizarry (2007), involving an essentially identical knife originally purchased from Home Depot and an arrest on a knife possession charge by a New York cop, these knives were specifically found to not be a gravity knife.

Senior Federal District Judge Jack Weinstein's findings are so commonsense and clear that it is difficult to imagine that even a DA couldn't help but to understand them.

In his ruling, Judge Weinstein wrote:

"The prevalence of this instrument and its everyday use by law abiding mechanics makes unreasonable any inference of illegal activity drawn merely from the observation of such an instrument clipped in an individual's pocket.

... The instrument which defendant had in his possession is a common tool. Its open possession is the equivalent of a carpenter carrying a hammer or an individual in the street carrying a cellular phone. The law cannot define as criminals tens of thousands of mechanics who are required to carry such tools in order to earn a living. Claw hammers, used by carpenters, can be used to smash skulls, screwdrivers, used by electricians, can be used to stab bodies and wall board cutters can be used to cut jugular veins, but those are not the intended or designed for uses of such instruments."

The entire commonsense judgment makes for interesting reading here: http://www.KnifeRights.org/USvIRIZARRY.pdf

The import of this decision is all the more significant when you consider Judge Weinstein's record of extreme adverse decisions on Second Amendment and weapons issues. "For an outspoken anti-gun, anti-weapon liberal like Judge Weinstein to issue such a ruling speaks to the heart of the matter," said Ritter.

Despite such clear precedent, the DA seized these knives and displayed these knives at the press conference as examples of gravity knives, which is a complete fabrication with no basis in fact. "Judge Weinstein's decision relating to the ubiquitous and generally useful nature of the tool," says Ritter, "equally applies to all of the widely available and commonly used pocket knives that were seized and displayed."

"Is Vance simply ignorant of such a precedent-setting case which is so specifically applicable to New York City, or is Vance simply ignoring the law to serve his own political agenda?" asked Ritter. "Either way, it doesn't cast the DA's actions in a very good light."

That Home Depot caved in to the DA's shakedown is itself difficult to understand given their own history with the Irizarri case. Clearly, the DA's abuse of power can be intimidating to even a major corporation which apparently either let business exigencies override principle, or perhaps were simply ill-served by their counsel. Knife Rights continues to try and make contact with senior management of Home Depot in an effort to understand their actions in this matter.

Vance also made much of the fact that 19 of the 59 homicides in Manhattan in 2009 were stabbings, yet somehow failed to mention how many of those were attributed to the very knives he wrongly claims are illegal gravity knives or switchblades.

It would be very surprising to discover that New York was so far different from the rest of the country where the vast majority of such crimes are committed with common kitchen knives. Where folding knives are used, they are often traditional, old-fashioned pocket knives designed for two-handed opening." We'd love to hear from someone who has time and experience to research this for us as we're a bit preoccupied with more pressing issues right now.

One of the most notable beyond-the-pale moments was when Vance claimed that possession of these so-called illegal knives should be become a "DNA eligible" offense. That would involve taking a DNA swabbing from anyone arrested for possession so that they could be identified if their DNA is recovered at a crime scene.

"All this for a simple misdemeanor charge, which itself is being so blatantly abused?" asked Ritter. "Vance's absurd suggestion for making possession a DNA eligible offence only shows the depths of civil rights abuse that this DA is willing to encourage in order to pander to his supporters and discourage legal possession and use of these legitimate tools by law-abiding citizens."

View a video report on the Press Conference: http://bit.ly/anKT1F

View the DA's propaganda video in full: http://www.youtube.com/user/TheManhattanDA

Read the full press release from the DA: http://www.manhattanda.org/whatsnew/press/2010-06-17.shtml

This is hardly the entire scope of Vance's lies, misrepresentations and half-truths, but time is limited and we have a good deal on our plate as we work on efforts to thwart the DA in the courts.

Knife Rights will continue to work at exposing the fallacies of Vance's politically motivated claims and agenda. In the meantime, please spread this as far and wide as you can. Knife Rights is monitoring this situation in New York City vigilantly and will follow-up with more details as we can release them.

Knife Rights may be contacted at: nycity@KnifeRights.org or toll-free: 1-866-889-6268

For all the fathers out there reading this, best wishes on your special day. As you reflect on the implications of this assault on our knives and freedom on this Fathers Day, please consider that Knife Rights is fighting to ensure that your sons and daughters will continue to enjoy the same or perhaps even more freedom than we do. Invest in a Sharper Future™. Please make a contribution to support the fight for your knife rights.

Join or Renew your Knife Rights membership today! http://bit.ly/2QEVMP
Make a Contribution to our fight against the DA's assault on our pocket knives: http://bit.ly/Scvp9

Here is a data-dense (NYC and national) article from the NYT in regard to the 2008 knife stats. There is much more at the link than what I've excerpted.

It would be important to know more about these knife murders -- demographics on the perps (i.e. youth, gang members) where they occurred (domestic disputes, schoolyard, muggings, rapes).


http://www.nytimes.com/2009/04/28/nyregion/28knives.html

Knife Killings in City Increased 50 Percent in 2008

By CHRISTINE HAUSER
Published: April 27, 2009


In 2008, even as gun killings fell, the number of killings committed with knives or other “cutting instruments” rose 50 percent in New York City, the Police Department said: to 125 from 83. Some other large cities saw no such increase last year, and police officials and experts are at a loss to explain what is either a new trend or a spike.

“It is hard to say with certainty what accounts for the increase,” said Paul J. Browne, the chief spokesman for the New York Police Department.

Law enforcement officials suggest that killings with knives or other common instruments, box cutters, screwdrivers or even corkscrews, are hard to combat. These tools are easy to obtain and conceal: anyone can walk into a store and buy one, or open a kitchen drawer and grab one.

National statistics show a general decrease in knife killings in the five-year period from January 2003 to December 2007.

Law enforcement officers' speculation in several articles in regard to the higher percentage of murders being committed with knives revolves around more effective crackdowns on illegal guns.

That makes a lot of sense. Let's say knives were banned -- the percentage of murders committed with baseball bats would rise.

So ban baseball bats and the percentage of murders committed with fireplace pokers rises.

I'm sitting here looking at a rod iron floor lamp that would make a mighty fine spear with minimal refinement of the point at the top.

Also saw in my cursory readings that in reaction to a higher percentage of murders being committed with kitchen knives in Britain, there was a recommendation by some "expert" to ban pointed kitchen knives -- which really aren't necessary in food preparation.

Ban kitchen knives and we'll see a spike in Murder-by-Spork.

Doug,

If your DC lobbyists have Hill connections they should have no trouble getting a congressional staffer to call the Congressional Research Service and ask for the breakdown of precise weapons used in knife/cutting murders in NYC in 2009 and for previous years.

If that information exists, CRS can find it.

Glasgow is Britain's murder capital as knife crime spirals

By Paul Kelbie, Scotland Correspondent

Saturday, 29 November 2003

...in the past four years the incidents of knife crime in Scotland increased by 350 per cent and that the majority of victims were stabbed to death by friends or relatives.


http://news.bbc.co.uk/2/hi/europe/7508418.stm

Knife crime cuts a global trail

A spate of fatal knife attacks in the UK has sparked a debate about youth violence and gang culture in the country. But is the UK's experience mirrored in other nations? BBC correspondents compare situations around the world.

16 July 2008 06:18 UK

http://criminaljustice.state.ny.us/pio/annualreport/domhom08_9_29_09.pdf

2008 NY state and NYC domestic homicide stats (variety of cross-tabs regarding types of weapons used, victim and perp demographics, category of murder -- domestic, etc)

Domestic Homicides (17.7% of NY murders in 2008 were "domestic" homicide)

NY state -- 44.9% of domestic homicide murder weapons were "knives/cutting/blunt instruments"

NYC -- 53.3% of murder weapons were "knives/cutting/blunt instruments"

Statewide, gun use in intimate partner homicide dropped 33% while "knives/cutting/blunt instruments" jumped 131.8% and "hands, feet, teeth" murders jumped 133.3%

In 2007, statewide, guns were the most common weapon in intimate partner homicide. In 2008, it was knives/cutting/blunt instruments.

The New York state Division of Criminal Justice Services reports should be mined for more data and trends.


I'm reminded of Twain's old quote that "There are three kinds of lies: lies, damned lies and statistics"

Wow, Doug have you been surveilled yet by the New York DA undercover cops? You must be pretty high at the top their list with your no nonsense common sense approach to the subject. If the New York DA has been able to screw 2 million bucks from some of the big players in sporting and home retail industry and to characterise them as a so called 'illegal Knives Ring Bust' perhaps its time to keep the head down rather than stick it above the parapet.

I really cannot see how they could be using deferred prosecutions against knife traders when their trading activities are completely legal unless they are using some wide catch all anti-terrorist legislation or something as outrageous from a legal point of view. The offense of carrying an illegal weapon must be based on circumstances of the illegal carry of the weapon itself by the offender. The illegal weapon is characterised by the offense, rather than where it was originally legally purchased.

These well funded and legally represented companies certainly have seemed to have caved in under pressure from the New York DA. There appears to more to the story than just the definition of what constitutes a gravity knife. Are the deferred prosecution agreements publically available documents? It would be interesting to know exactly what laws the New York DA are using to get monies from their targets as the subjective definition of what constitutes a gravity knife does not appear to be the issue.

As if I need yet another reason not to visit NYC. Does Vance even realize (or care) how stupid he looks in the eyes of the real world? Shaking down the evil arms merchants at Home Depot and EMS. What a brave and courageous public servant.

Somehow I can't help thinking of Paul Hogan's "That's not a knife" comment in Crocodile Dundee.

uh....... no.

You realize that to New Yorkers, the real world ends at the city limits. So no, Vance doesn't realize or care how stupid he looks.

Unfortunately this is very true. To many New Yorkers, there is nothing west of the Hudson River, except Hollywood.

The problem is, he doesn't look stupid to them.

The average American is so conditioned to react to knives as "bad things" IME that even a red SAK makes mothers pull their kids away. Which is fine, I really dislike most little kids.

The videos are apauling and the questioning line that was used by the under cover person would be considered to be setting the person being taped up. The questions were directed towards "how do I use and carry this illigaly"

I visited NYC about two years ago, and I didn't like visiting then, and Iam sure not to like visiting ever again.

Again another reason to support Doug.

the most violent thing my knives have ever done is cut a steak.

Pure use of stupid stats by the DA to buttress an argument that's otherwise indefensible. Play with the numbers long enough, you can prove anything.

The way I see it, it gives the NYPD another reason to stop/frisk (for their own safety)/cuff (for their own safety) and detain people who have the unmitigated gall to own a tool.

Of course, with the strict gun laws, no one in NYC carries a gun illegally. Heavens no.

Been to NYC, got a t-shirt, used it as a rag after wearing it maybe twice. Didn't lose anything there, not going back. Let the liberals have it.

Notice the Supreme Court Incorporated the 2nd amendment this
morning. Hopefully this will have some impact on knife rights
as well as firearm rights.