Legal Loopholes, Acquisitions and Activities

Jun 5, 2019

Last week, we reported that New York Governor Andrew Cuomo, listening to the overwhelmingly positive voices of his Attorney General and state legislature, signed legislation effectively dissolving the state’s nearly 70 year old ban on “gravity knives”.

This week, Governor Cuomo’s not changed his mind, but New York City Mayor Bill de Blasio, is still defying the state’s legal change. After pitching what could best be described as a bureaucratic hissy-fit, hizzoner and his police chief dredged up an obscure law regarding the public transit system he says will allow the New York Transit Authority police to -legally- continue to arrest owners of the knives now widely used by everyone from stagehands to plumbers, electricians, construction workers, and, yes, first responders.

New York City Mayor Bill de Blasio promises the ban on "gravity knives" will continue on New York City subways. Photo from KnifeRights.

Here’s the bit of legalese he’s using to say it’s ok to continue to enforce a regulation the rest of the state -and a federal judge -have ruled illegal:

See below the text of New York Codes, Rules, and Regulations; Title 21 - Miscellaneous; Chapter XXI - Metropolitan Transportation Authority; Subchapter D - Rules and Regulations Governing the Conduct and Safety of the Public (emphasis ours):

Section 1050.8 Weapons and other dangerous instruments.

(a) No weapon, dangerous instrument, or any other item intended for use as a weapon may be carried in or on any facility or conveyance. This provision does not apply to law enforcement personnel and persons to whom a license for such weapon has been duly issued and is in force (provided in the latter case the weapon is concealed from view). For the purposes hereof, a weapon or dangerous instrument shall include, but not be limited to, a firearm, switchblade knife, gravity knife, boxcutter, straight razor or razor blades that are not wrapped or enclosed in a protective covering, sword, shotgun or rifle.

Section 1050.10 Fine and penalties.

Pursuant to section 1204(5-a) of the Public Authorities Law, any person committing one or more violations of these rules shall be subject to either:

(a) criminal prosecution in the criminal court of the City of New York, which court may impose a fine not to exceed twenty-five dollars or a term of imprisonment for not longer than ten days, or both; or

(b) civil penalties imposed by the transit adjudication bureau in an amount not to exceed one hundred dollars per violation (exclusive of interest or costs assessed thereon).

Knife Rights continues to caution anyone visiting New York City to continue to exercise common sense when carrying a pocket knife. Don’t clip it to your pocket (brandishing) and if confronted by an officer for carrying a knife, don’t argue; comply. There’s no percentage in unnecessarily provoking an officer.

One more bit of news that should help clear some of the speculation about the resignation of Pete Brownell from the Board of Directors of the National Rifle Association.

When Brownell announced he was leaving the board due to “business obligations” the speculation was rampant that there was something amiss with that explanation.

There wasn’t anything wrong, but there were some things coming.

Having been privvy to some of the behind the scenes activity, we’ve maintained our distance from the resignation, the speculation and the entire NRA situation. And we still believe when you have nothing to add to a story, your audience is better served without speculation.

That having been said....2nd Adventure Group, a holding company wholly owned by Pete and Frank Brownell, has purchased the website, adding it to their holdings which include Brownells, Inc., and other industry brands.

Pete Brownell tells The Outdoor Wire Digital Network it will become the “backbone” of what he envisions as a communications outlet for the Second Amendment.

It’s already a significant presence with shooters, boasting a user group of more than five million.

According to former owners, Eduard, Juan and Jorge Avila, the decision to sell to 2nd Adventure was their realization that, after 23 years, the Brownells and their group made most sense. Like the Avilas, they say, the Brownells “see the importance, now more than ever, for having a free, unfiltered forum for pro-Constitutional voices and ideas to be heard.”

We’re told there are “big things ahead” and with a growing void in the pro-Second Amendment universe, it makes sense that a group with business acumen and a deep respect for the Second Amendment move both the idea- and the backbone- forward.

As always, we’ll keep you posted.

--Jim Shepherd