Are Knives “Arms”?
Are Knives “Arms”?
Are knives “Arms” under the Second Amendment? The Massachusetts Supreme Court just ruled that they are which is no surprise since the U.S. Supreme Court ruled in Heller (2008) that the Second Amendment applies to all bearable arms. In the case of Commonwealth v. David E. Canjura the court held that the state’s law prohibiting carrying of “switchblade” knives is an unconstitutional violation of the right to keep and bear arms, which is protected by the Second Amendment.
The Commonwealth of Massachusetts had argued that “knives categorically are not protected by the Second Amendment because the definition of arms is limited to firearms.” The court refuted that nonsense, stating that “… the Second Amendment extends to all bearable arms and is not limited to firearms”, referring back to Heller.
Interestingly, the Massachusetts Court pointed out that the law (and similar laws elsewhere) was passed in response to “sensationalized portrayals (in plays, films, etc.) of switchblades as weapons solely intended for criminality.” The court noted that the government did not provide evidence that “switchblades are…more likely to be used for criminal purposes”. But even had it done so, the Bruen decision (2022) by SCOTUS “expressly” prohibits weighing the right to keep and bear arms against any perceived public benefit of a law infringing upon that right. This is an exactly correct application of the Heller/Bruen methodology for deciding Second Amendment cases. I believe the outcome of this case strongly foreshadows forthcoming rulings on similar bans or restrictions on so-called “assault weapons”.
On The Other Hand…California
In contrast to the Massachusetts decision, a federal district court judge ruled last week that California’s ban on possession of switchblade knives is constitutional. In that case, the judge declared that those knives are not protected under the Second Amendment as they are “dangerous and unusual”. The ruling is quite obviously flawed in several respects. An article in the San Diego Tribune, makes clear that the fight is not over:
Doug Ritter, the CEO and founder of Knife Rights, an Arizona-based organization that’s the lead plaintiff in the case, called Simmons’ ruling “ludicrous and irrational” and promised to appeal the decision to the 9th U.S. Circuit Court of Appeals.
RKBA is a natural and fundamental right that is protected from government infringement by the Second Amendment to the Constitution of the United States. Sixteen years after the full-throated recognition of those facts by the Supreme Court in Heller, the state of American jurisprudence is finally coming around to acceptance of that reality.
#2A4IA
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