'Gravity Knife' Bill Vetoed: NYC Officials, Advocates React

NEW YORK CITY, NY — Supporters of a state bill to legalize the possession of folding knives commonly sold in hardware stores responded with dismay to Gov. Andrew Cuomo's Dec. 31 veto of the legislation.

The bill would have revised a 1958 state law outlawing knives that can be flicked open, typically referred to as switch blades or "gravity knives." The legislation Cuomo vetoed distinguished such knives from hardware store-variety knives often used by workers to open boxes or for other tasks, and which are legal to purchase.

Despite that legality, however, the NYPD has cited the '58 law as grounds to arrest thousands of people annually for possessing folding knives, according to The Legal Aid Society, which is pushing for a change to the existing statute.

Those arrested are overwhelmingly black and Hispanic, according to the group's analysis, and routinely suffer lost wages and even unemployment after they're released from jail. Additionally, The Legal Aid Society says a review of its own case load shows that Manhattan District Attorney Cy Vance hits far more individuals with felonies related to knife possession than any other city D.A., resulting in an enforcement scheme that is both racially and geographically unequal.

The legislation to revise the current law had been before Cuomo since June, after passing the Assembly by a vote of 117 in favor with 12 against, and the Senate by a vote of 61 to 1. It was led in the Assembly by Manhattan's Dan Quart and in the Senate by Diane Savino, whose district includes Staten Island, Sunset Park, Brighton Beach, Bay Ridge, and Gravesend. It also had the backing of a politically diverse group of organizations.

However, the bill was opposed by Mayor Bill de Blasio, the NYPD, and all of New York's D.A.'s, who argued it would put more deadly weapons on city streets and lessen public safety.

“With this veto, Governor Cuomo ignores the calls from defender organizations, civil rights associations, trade unions and many others to fully reform one of New York State’s most discriminatory laws," The Legal Aid Society said in a statement following Cuomo's veto.

The organization pledged to "continue to explore all options — including litigation — that will finally address New York’s ambiguous knife statute that has long marginalized communities of colors and working class families.”

In a separate statement, Quart said he was "deeply disappointed" that the veto was handed down.

The original 1958 law, Quart wrote, receives an "unorthodox application" that is "unique to Manhattan."

"In the other 61 counties of New York State, prosecutions under this section of the law number in the single digits, if there are any at all," he said. "Manhattan has and will continue to stand alone in its truly baffling interpretation of the law."

Quart also noted the disproportionate number of black and Hispanic people arrested for knife possession, stating that the law's application is "a continuation of the unconstitutional stop and frisk policies that failed to make our city safer."

A spokesman for Quart said his office plans to reintroduce the legislation in 2017.

Last week, Senator Savino said that in the advent of a veto, and "depending on the veto message, the Assemblyman and I will meet with leadership, and we will begin the discussion of a possible veto override."

Bills require two-thirds of the support of the Assembly and Senate in order to overcome a gubernatorial veto.

Pictured at top: a gravity knife. Image via The Legal Aid Society.