www.akti.org Official Publicationnews of the American Knife && Tool Institute,update Inc. Volume 10 Issue 1 2008 New York Federal Judge Rules One-Hand Opening Knives Are NOT Gravity Knives

UNITED STATES DISTRICT COURT was on foot patrol in uniform at the know you're not allowed to carry that EASTERN DISTRICT OF NEW YORK Broadway Junction subway station in knife." (Id. at 5, 11). The defendant Brooklyn, New York. He observed defen- immediately informed the officer that he UNITED STATES OF AMERICA, dant walk passed [sic] him in the station was employed at a U-Haul facility and Against that he used the instrument for cutting JOHN IRIZARRY *********************** sheet rock as directed by his employer. (Id. at 17). Officer McCabe then asked JACK B. WEINSTEIN, The instrument which him for identification, which was imme- Senior District Judge: defendant had in his diately supplied. Defendant was arrested. possession is a common The officer searched him and recovered a I. Introduction loaded pistol from his jacket pocket. (Id. Defendant moves to suppress a hand- tool. Its open possession is at 10). There had been no reason to gun seized at the time of his arrest. the equivalent of a carpenter believe defendant had the gun until he Suppression is required because the was searched. Defendant testified that he arresting officer seized him without rea- carrying a hammer or an purchased the tool two years ago using a sonable suspicion of criminal activity and individual in the street U-Haul credit card that was given to him arrested him without probable cause. He carrying a cellular phone. by his employer to buy supplies and was stopped because a police officer tools. He had not altered the instrument observed clipped to his jeans an instru- The law cannot define as in any way. (Id. at 30). The instrument ment supplied by his employer for cutting criminals tens of thousands was a Husky Sure-Grip Folding Knife and installing sheet rock. It is used by ('"Husky"), described on its packaging as thousands of other workers in the carpet, of mechanics who are a "Folding Lock-Back Utility Knife". … sheet rock, window screen and other required to carry such tools The instrument is colored silver, about trades. To deny suppression would trans- in order to earn a living. three and one half inches long when in its form thousands of honest mechanics into closed position, and about 6 inches in its criminals, subject to arrest at the whim of *********************** open position, with a one inch cutting any police officer. edge. (Tr. June at 7-8). with an instrument jutting out of his right Derek Mobley, an assistant store man- II. Facts front pocket. ager for Home Depot (a major national On March 9, 2007, at approximately Officer McCabe testified that he recog- retail distributor of tools and supplies 11:55 a.m., New York City Police nized the instrument to be a cutting tool with a listing on the New York Stock Department (NYPD) officer Brendan R. in the form of a gravity knife. (Tr. June at Exchange), the company which sells the McCabe, a 16-year veteran of the force, 36). He stopped defendant and said, "you tool, testified. He is familiar with, and

A folding knife, such as this Husky, is not a gravity knife. Although it the mechanism makes it operationally identical to hundreds of models has a removable utility blade insert, its bias toward closure and detent in of current popular one-hand opening knives. David Kowalski photos. has received training from the Home According to Mr. Furgal, the term grav- by the force of gravity or the application Depot on, all products that are sold in his ity knife has referred to a knife that has a of centrifugal force which, when released, department, including the Husky. Mr. lever or button that releases a lock so that is locked in place by means of a button, Mobley stated that the instrument is sold the blade can be released by force of spring, lever or other device." to contractors for such things as cutting gravity or centrifugal force. The gravity "Centrifugal Force" is "the apparent force sheet rock, carpeting and window knife was originally designed for use by that is felt by an object moving in a screens. (Tr. August at 8). paratroopers in World War II in case they curved path that acts outwardly away The Husky is a top selling product at become injured during a jump and needed from the center of rotation." Merriam- Home Depot. (Id. at 9). Its New York to extricate themselves from their para- Webster's Collegiate Dictionary (11th ed. State stores sold 67,341 Huskies in fiscal chutes; gravity knives enabled them to 2005). open the knife with one free hand. ********************** American paratroopers were provided the B. Legislative History of the New equivalent, a switchblade. (Id. at 27). He York Gravity Knife Law The widespread and lawful noted that a folding lock-back utility cut- In 1909, the New York State legislature presence of an item in ting instrument such as the Husky is revised the Penal Code to create a com- society undercuts the designed so that it can be opened with prehensive body of laws which comprised one hand or two. For two-handed opera- the new penal law. It sought to disarm reasonableness of an tion there is a trigger at the back of the criminals as a primary means of crime officer's belief that it instrument that should be depressed with prevention, defining a handful of items as one hand, and the other hand should then "per se" weapons. Under section 1897 of represents contraband. be used to pull the instrument open. (Id. the 1909 New York Penal Law the legis- *********************** at 8). For one handed operation the lature declared carrying a "slungshot, instrument includes an opening stud at billy, sandclub or metal knuckles" a the base of the blade so that a person can felony without requiring any criminal year 2006 for a total of $587,540.00; open the instrument with one hand using intent on the part of the individual in pos- from January 2007 through July 2007 it the thumb. session of the item. New York State has sold 36,441 Huskies for The Husky, he declared, is not designed Statutes, Article 172 § 1897 (1909). By $294,116.00…. to open by use of centrifugal force; it is 1930, the list of "per se" weapons includ- James Furgal, was qualified as an constructed so that it has a bias to close ed the possession of "a blackjack, slung- expert in the area of cutting instrument in order to ensure safety when the instru- shot, billy, sand club, sandbag, metal design. (Tr. August at 19). He has had his ment is not in use. It is possible that such knuckles and bludgeon." New York State own large factory for the production of an instrument could be opened by suffi- Statutes, Article 172, § 1897(1)(1930). knives, scissors and other tools. [Camillus cient centrifugal force because if there Cutlery, editor] (Id. at 17-18). He has was too much resistance, or "bias" toward *********************** served as president of a national associa- closing, the instrument could not be tion of such manufacturers [president of opened with one hand. (Id. at 21). The Husky which was AKTI, 2003-2005, editor]. (Id. at 18-19). recovered is not a gravity He testified that Husky is a Home Depot III. Law brand; that identical or nearly identical A. Criminal Possession of a Weapon: knife…. It is designed, sold instruments are sold under a variety of N.Y. Penal Law && 265.00- 265.01 and used as a folding knife. brand names, including Sheffield; and New York Penal Law section 265.01, they are sold by other major retailers. (Tr. Criminal Possession of a Weapon in the *********************** August at 22-23). The manufacturer of Fourth Degree, covers gravity knives, the the instrument sold under the Sheffield term the government contends covers the Possession of a variety of knives under brand name indicated in a letter submitted cutting instrument defendant was carry- this same provision was only criminalized to the court that it sold 1,765,091 similar ing. It reads: if possessed with the intent to use them folding lock-back utility knives nationally … a person is guilty of criminal pos- unlawfully. Id. in 2006. … session of a weapon in the fourth degree In 1954 New York made selling or Defendant's Husky is capable of being when he possesses any firearm, electronic possessing a "switchblade" a misde- opened by an adept person with the use dart gun, electronic stun gun, gravity meanor. A switchblade was defined as of sufficient centrifugal force. Officer knife, switchblade knife, pilum ballistic "any knife which has a blade which opens McCabe demonstrated this after three knife, metal knuckle knife, cane sword, automatically by hand pressure applied to strenuous attempts to open the Husky billy, blackjack, bludgeon, metal knuck- a button, spring or other device in the using one hand and centrifugal force. (Tr. les, chuka stick, sand bag, sandclub, handle of the knife...." Act of Mar. 26, June at 19). He had seen knives which wrist-brace type slingshot or slungshot, 1954, ch. 268, 1954 N.Y. Laws. An opened more readily through the use of shiriken or "Kung Fu star." Emphasis exception was carved out of the statute: such force, (Id. at 18). Mr. Mobley testi- added. possession of a switchblade knife was fied that he was trained by Home Depot Section 265.00 defines a gravity knife lawful if it was necessary for "purposes that the Husky should be opened with as "any knife which has a blade which is of business, trade or profession, or for use two hands. (Tr. August at 8). released from the handle or sheath thereof while hunting, trapping and fishing..." 2 with a license. Id. Governor Thomas cates that over one-third of these crimes the possessor's employment. New York Dewey's memorandum on the bill justi- involved the use of switchblade knives." State Legislative Annual, p. 21 (1956). fied the law stating, "[l]ast year there New York State Legislative Annual, p. 385 The legislative commentary explained were 4,420 felonious assaults and 99 (1954). Two years later the law was that although the 1954 statute "has not homicides reported in New York City in amended, making it unlawful to possess a been without effect, enforcement is made which knives were used. Analysis indi- switchblade even if it was necessary for difficult by" the professional provision,

Knife-carrying New York Residents and Visitors Beware

One of the four major goals of AKTI charge of this task force on the evening ing, electrical or mechanic work, or res- is to provide educational materials for of March 10, 2004. Lieutenant Kenny cuing an accident victim by cutting their law enforcement and the law enforce- defended the actions and statute interpre- seatbelt with a one-hand-opening knife ment community. When this Irizarry tations of the task force. When I asked while pulling a piece of twisted metal case approached trial, AKTI was asked him why the task force was taking such off them with the other, a small folding by defendant's counsel for background an active stanch, he replied that, "seven pocket knife is one of our necessary information on folding utility knives. We people have been stabbed with knives in tools. My 85-year-old mother and every obtained and received permission from the past month." When I asked him why other gardener in this country probably original manufacturers to make their pri- he and the task force weren't focusing on has a small folding knife in their garden- vate information public. We also asked finding the assailants, he said, "It's easier ing kit. Your current interpretation of Mr. James Furgal, former president of to find the retailers." this 'gravity knife' statute would make de New York's Camillus Cutlery and former To date the single largest group of facto criminals and innocent victims of AKTI president (2003-2005) to make callers seeking information from AKTI all of them." himself available as an expert witness. has been from legal counsel and New For his part, Lieutenant Kenny was Judge Weinstein accepted him as such York defendants arrested for violations not moved by my logic. He was openly and allowed extensive testimony from proud of the fact that his interpretation Mr. Furgal at the pre-trial hearing. ************************* of the gravity knife statute was being This case is significant because a accepted and applied by other jurisdic- respected federal judge in New York has The single largest group of tions as far away as Alaska. New Jersey taken a contrary position to the wide- callers seeking information now has a similar statute. spread misapplication of New York's Judge Weinstein's opinion properly gravity knife statute to virtually every from AKTI has been from dissects this statute and warns of the type of one-hand folding knife currently legal counsel and New dangers of its misapplication. When it manufacturered. York defendants arrested was passed 50 years ago, it was never A New York City police task force intended to be applied to common fold- began making a series of arrests and for violations of the state's ing pocket knives. The knife in this case seizures of knives in late 2003 and early gravity knife statute. "is designed, sold and used as a folding 2004. The operation focused on the knife." It is "not a gravity knife," he city's knife retailers and quickly spread ************************* declares. to random individuals who were carry- of the state's gravity knife statute. In As more knife owners across the ing folding knives. Officers blatantly fact, it has gotten to the point that we country (and visitors to New York) are misapplied the gravity knife statute by regularly counsel members that virtually now at risk from the misapplication of grabbing the blade of a suspect knife and any one-hand folding knife currently the gravity knife statute, we decided to attempting to swing the handle open. If made (from a Boy Scout pocket knife to publish Judge Weinstein's opinion in its "centrifugal force" applied by a large, a Swiss Army knife to a Leatherman entirety. We hope that other judges will trained officer could cause the knife to tool) could be declared illegal in New accept the clarity of his logic. open, the knife was declared a gravity York and its owner arrested and prose- AKTI's long-held position is still knife and the owner arrested. Various cuted. intact. We believe that police officers trial judges supported this clear misap- As I pointed out in a follow-up letter and the courts should severely punish plication of the statute and New York to Lieutenant Kenny on March 11, 2004, defendants who use a knife in the com- City police officers and officers in other … mission of a crime. But knife possession jurisdictions, to this day, continue to "We know that virtually every person alone should not be a crime or evidence misapply the statute. in this country uses a knife of some sort of criminal intent. When the initial wave of arrests and in their daily lives. Whether hunting, David D. Kowalski, Editor - AKTI seizures were occurring, I spoke by tele- fishing, camping, biking, kayaking, News & Update phone with the New York City officer in backpacking or doing carpentry, plumb- 3 and the defense "goes far towards vitiat- ing the statute." Id. The bill passed We need you as a “Grassroots” because of the "continued hazard" that switchblade knives presented, and the view that they served no "legitimate and Supporter !!! neccesary purpose." (Id. at 22). There is no fee to become Following the passage of the switch- Join on the AKTI Website blade law, judges and law enforcement a Grassroots Supporter, but Go to … www.akti.org officials in New York City began seeing your donations are always Click on Join Today at the top of the other limitations to the effectiveness of home page. Then scroll down to the law. The "gravity knife," a slightly appreciated. "Grassroots Supporter" under different weapon, was dubbed a "legal" Membership Categories. When you click successor to the switchblade, since it con- on Sign Up Today at the end of the tained the same basic characteristics as *************************** description, you will be connected to an the switchblade, yet it circumvented the Your voice online form where you can provide infor- law because of the manner in which the mation about yourself. Click Submit. blade was deployed. Emma Harrison, will be heard! Finally, you will receive an email ask- Group Seeks Ban on Gravity Knife, N.Y. ing you to verify your request to join. Times (Dec. 19, 1957). The gravity knife, You will make a Please respond to that. Now you're ready seen as the "new tool for teenage crime," to start receiving electronic news from was cheap and accessible all across the difference! AKTI! Now you're ready to help us fight city, and according to Ralph Whelan, the for your knife rights! executive director of the Youth Board, *************************** was used in "many of the most vicious crimes by young people." Id. New York Supreme Court Justice John E. Cone, YES, I will join AKTI and help support chairman of the Committee to Ban Teen- responsible knife use! age Weapons, reported that youth taunted police officers across the city with the Give generously! Your membership dues help... gravity knife, knowing that the law did 1) Fight for your knife rights...as we did in Arkansas, not condemn their conduct. Id. Judge Cone's committee vowed to take action to California, Boston, Florida, wherever AKTI is needed! criminalize the possession of the gravity 2) Communicate regularly with knife users and the editors of knife in New York State as well as to pro- more than 50 outdoor publications! pose a federal law criminalizing the man- 3) Help lawmakers and law enforcement with solid ufacture and importation of switchblade information...such as the knife measuring protocol. and gravity knives. Id. Consider supporting AKTI with a Life Membership. Before any legislative action was taken, the New York Court of Special Sessions Name______ruled "that gravity knives were in the same category as switchblade knives, and Company______Title______their sale or possession was a violation of the ... Law," identifying "per se" Address______weapons. Court Bans Sales of Gravity City______State______Zip______Knives, N.Y. Times (Feb. 6, 1958). In 1958, the New York City Council Phone ( )______E-Mail______adopted a resolution asking the state leg- islature to specifically ban gravity knives.
Check here if this is a renewal. Proceedings of the Council of the City of
Platinum Associate - $1,000/yr
Premier Member - $2,000/yr New York, Vol. I, Res. No.8 (Feb. 18,
Gold Associate - $500/yr (Voting Membership) 1958). The resolution stated that a state
Silver Associate - $200/yr
Retailer Associate - $100/yr ban of gravity knives is a "crying need"
Annual Ambassador Member (Individual) - $35/yr
in New York City, and that manufacture Life Membership (Individual) - $750 I support AKTI with an additional contribution of $______and sale of such knives to teenagers Check #______Enclosed for $______"increases crime and juvenile delinquen- Visa/Mastercard Charge:______Exp:______cy." Id. The New York State Legislature quick- Signed______Date:______ly reacted by banning the sale and posses-
Check here if you prefer to keep your information confidential. sion of gravity knives. Act of Mar. 5, Note: Since the American Knife and Tool Instititute, Inc. has filed as a 501(c)(6) not for profit tax status, 1958. ch. 107, 1958 N.Y. Laws dues may be deductible as a business expense, but not as a charitable contribution. 5 *********************** (1958) (codified at 15 U.S.C. §§ 1241- ic reasonable inferences which he is enti- 44). It defines a switchblade knife as, tled to draw from the facts in light of his The Husky was not "any knife having a blade which opens experience." Terry v. Ohio, 392 U.S. at intended to be opened automatically (1) by hand pressure 27. applied to a button or other device in the with centrifugal force and handle of the knife or (2) by operation of D. Probable Cause to Arrest was not treated as a inertia, gravity, or both." Id. The Senate Law enforcement officers possess weapon by its designer, report supporting the bill states: probable cause to arrest when at the Of the robberies committed in 1956, moment of arrest, "the facts and circum- manufacturer, seller, or 43.2 percent were by persons under 21 stances within their knowledge and of users. years of age. A switchblade knife is fre- which they had reasonably trustworthy quently part of the perpetrator's equip- information [are] sufficient to warrant a *********************** ment in this type of crime. In New York prudent [person] in believing that the Dangerous Weapons - Gravity Knives - City alone in 1956, there was an increase [defendant] had committed or was com- Sale or Possession). Gravity knives were of 92.1 percent of those under 16 arrested mitting an offense." Beck v. Ohio, 379 defined, as they are today, as "any knife for the possession of dangerous weapons, U.S. 89, 91 (1964); see also United States which has a blade which is released from one of the most common of which is the v. Patrick, 899 F.2d 169,171 (2d Cir. the handle or sheath thereof by the force switchblade knife.... 1990) ("[p]robable cause to arrest a per- of gravity or the application of centrifugal The switchblade knife is, by design and son exists if the law enforcement official, force and which, when released, is locked use, almost exclusively the weapon of the on the basis of the totality of the circum- in place by means of a button, spring, thug and the delinquent. Such knives are lever, or other device...." Id. A supporting not particularly adapted to the require- *********************** memorandum for the law from the super- ments of the hunter or fisherman, and intendent of the New York State Troopers sportsmen generally do not employ them. The history of the gravity stated that the bill "deals with a technical- It was testified that, practically speaking, knife provision as well as ity concerning a type of dangerous there is no legitimate use for the switch- the legislative scheme weapon and clarifies and reinforces exist- blade to which a conventional sheath or ing law." Letter from Francis S. jackknife is not better suited. distinguishing "dangerous McGarvey, Superintendent of New York S. Rep. No.85-1980 (1958) reprinted in instruments" from "per se" State Troopers, to Hon. Daniel Gutman, 1958 U.S.C.C.A.N. 3435, 3437. Council to the Governor, Executive weapons demonstrates a Chamber (Feb. 26, 1958), NYLS' C. Terry v. Ohio plan only to ban those Governor's Bill Jacket, 1958, p. 4, Under Terry v. Ohio. 392 U.S. 1 items designed to be used Chapter 107: The NYPD also supported (1968), "the police can stop and briefly the bill: detain a person for investigative purposes as weapons. if the officer has a reasonable suspicion ... *********************** The experience of this Department that criminal activity 'may be afoot,' even indicates that gravity knives are being if the officer lacks probable cause." U.S. stances, has sufficient knowledge or rea- used increasingly as weapons in the per- v. Swindle 407 F.3d 562, 566 (2d Cir. sonably trustworthy information to justify petration of such crimes as homicide, 2005) (internal citations omitted). A Terry a person of reasonable caution in believ- assault, rape and robbery.... [S]ince it is stop allows police to pursue a limited ing that an offense has been or is being not unlawful to possess such a knife investigation when they lack information committed by the person to be arrested"). under present law,... one of the deterrent necessary to establish probable cause to "Probable cause is a fluid concept - turn- factors in the prevention of serious crime arrest. Adams v. Williams, 407 U.S. 143, ing on the assessment of probabilities in is lost. 145-46 (1972). Reasonable suspicion particular factual contexts." United States ...The gravity knife is inherently dan- requires more than an "inchoate and v. Cruz, 834 F.2d. 47,50-51 (2d Cir. gerous. unparticularized suspicion or hunch." 1987). The concept concerns "'the factual Bill Jacket, pp. 15-16. U.S. v. Elmore, 482 F.3d 172,178 (2d Cir. and practical considerations of everyday The federal government followed suit 2007) (citations omitted). "[T]he police life on which reasonable and prudent shortly thereafter enacting its own switch- officer must be able to point to specific men, not legal technicians, act."' Illinois blade law in 1958 that defines gravity and articulable facts which, taken togeth- v. Gates. 462 U.S. 213, 232 (1983) (cita- knives and switchblades in the same way. er with rational inferences from those tions omitted). It provides, "[w]hoever knowingly intro- facts, reasonably warrant that intrusion." The widespread and lawful presence of duces, or manufactures for introduction, Terry v. Ohio, 392 U.S. at 21. "Like prob- an item in society undercuts the reason- into interstate commerce, or transports or able cause, reasonable suspicion is deter- ableness of an officer's belief that it rep- distributes in interstate commerce, any mined based on the totality of the circum- resents contraband. See U.S. V Romy, switchblade knife, shall be fined not more stances" U.S. v. Elmore, 482 F.3d at 179. 1997 WL 1048901 at *8 (E.D.N.Y. 1997) than $2,000 or imprisoned not more than "In determining whether [an] officer ("I reject the argument that the mere pos- five years, or both." Switchblade Knife acted reasonably in such circumstances session of cellular phones provides proba- Act, Pub. L. No.85-623, § 2, 72 Stat. 562 due weight must be given ... to the specif- ble cause to believe Romy had committed 6 a crime or even reasonable suspicion that ments are distributed under various brand *********************** he might have. To conclude otherwise names by other major retailers. (Tr. would be to ignore the ubiquity of cellu- August at 23). The prevalence of this With so many folding lar phones in our society"); United States instrument and its everyday use by law lock-back utility knives in v. Townsend, 138 F. Supp.2d 968,977 abiding mechanics makes unreasonable (S.D. Ohio 2000) (same); United States v. any inference of illegal activity drawn circulation for lawful Ho, 94 F.3d 932 (5th Cir. 1996) (finding merely from the observation of such an purposes, nationally and recovery of white plastic swipe cards instrument clipped in an individual's within the State of New pocket. *********************** Carrying a Husky is not a suspicious York, it was not reasonable act that alone gives rise to reasonable sus- for the arresting officer to In fiscal year 2006 Home picion of criminal activity. The instru- believe that the Husky Depot alone sold over ment which defendant had in his posses- sion is a common tool. Its open posses- represented a weapon. 67,000 Huskies in the State sion is the equivalent of a carpenter car- rying a hammer or an individual in the *********************** of New York. … Nearly "per se" weapons demonstrates a plan street carrying a cellular phone. The law only to ban those items designed to be identical instruments are cannot define as criminals tens of thou- used as weapons. An examination of the distributed under various sands of mechanics who are required to other items on the banned list underscores carry such tools in order to earn a living. brand names by other this point. Support for this conclusion lies Claw hammers, used by carpenters, can in the initial exemption in the New York major retailers. be used to smash skulls, screwdrivers, law for the carrying of switchblades for used by electricians, can be used to stab *********************** professional or trade purposes. The fact bodies and wall board cutters can be used that the exemption was later abolished with magnetic strips on back did not cre- to cut jugular veins, but those are not the when it was determined that switchblades ate probable cause to believe defendant intended or designed for uses of such have no legitimate purpose demonstrates possessed fraudulent credit cards because instruments. that New York banned only those items of prevalence of such cards). which are manufactured as weapons. The legislature's plan in making items Even if Officer McCabe believed the IV. Application such as gravity knives "per se" weapons Husky to be a gravity knife, his belief A. Terry v. Ohio under New York law was to ban only was not reasonable given the instrument's Determining whether officer McCabe those items that are manufactured as wide and routine distribution for lawful had reasonable suspicion to stop defen- weapons, not to criminalize the carrying purposes. With so many folding lock- dant requires consideration of the specific of utility cutting instruments which are back utility knives in circulation for law- reasonable inferences which he was enti- widely and lawfully sold. ful purposes, nationally and within the tled to draw from the facts. The officer State of New York, it was not reasonable seized defendant based solely on seeing a B. Probable Cause to Arrest for the arresting officer to believe that the metal clip protruding from his pocket. Even if Officer McCabe had reasonable Husky represented a weapon. The posses- (Tr. June at 5). What the officer observed suspicion to initially stop defendant, sion of a Husky by the defendant, an might have represented many innocuous which he did not, there was no probable employed mechanic who used the instru- objects. On cross examination officer cause to arrest him. The Husky which ment in his work at his employer's direc- McCabe conceded that he is "familiar was recovered is not a gravity knife and tion, did not provide probable cause to with other tools such as ... a tape measure officer McCabe could not have reason- believe that he committed or was about to that sometimes comes with a clip similar ably believed it to be one. It is designed, commit a crime. to the clip that's on the back" of defen- sold and used as a folding knife. dant's Husky. (Tr. June at 21). Although the officer was ultimately able V. Conclusion When asked what made him think the to open the Husky with centrifugal force Defendant's motion to suppress is object clipped to defendant's pocket was a at the hearing, it was obviously not granted. gravity knife, officer McCabe responded designed to be opened in this fashion and that he has recovered weapons with the does not readily open through such force. SO ORDERED. "same clip, same head of the knife," (See Tr. June at 18-19). The defendant's "same color." It was reasonable for the expert, as well as a representative of the Jack B. Weinstein officer to conclude, based on his experi- retailer, each testified that the Husky was Senior United States District Judge ence, that defendant was carrying a not intended to be opened with centrifu- Husky. But carrying a Husky was not a gal force and was not treated as a weapon Dated: August 30, 2007, Brooklyn, crime or a suspicious act. by its designer, manufacturer, seller, or N.Y. In fiscal year 2006 Home Depot alone users. sold over 67,000 Huskies in the State of The history of the gravity knife provi- [Filed in Clerk's Office U.S. District New York. Credible testimony supports sion as well as the legislative scheme dis- Court E.D.N.Y - August 31, 2007] the conclusion that nearly identical instru- tinguishing "dangerous instruments" from 7 22 Vista View Ln Cody, WY 82414-9606 USA

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