United States Second Circuit

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Knife Rights v. Vance, 13-4840

In an action contending that N.Y. Penal Law sections 265.00(5) and 254.01(1)'s ban on gravity knives is unconstitutionally vague and violates plaintiffs due process rights, the district court's dismissal of the complaint for lack of standing is vacated as to the individual plaintiffs and business plaintiff and affirmed as to advocacy group plaintiffs where: 1) the individual and business plaintiffs expressed a present intent to possess potentially banned knives and demonstrated a credible threat of prosecution; and 2) advocacy groups plaintiffs lacked standing on behalf of their members under 42 U.S.C. section 1983 and cannot demonstrate impending injury to their organizations.

Appellate Information

  • Decided 09/22/2015
  • Published 09/22/2015

Judges

  • RAGGI

Court

  • United States Second Circuit

Counsel

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