The old axiom to never bring a knife to a gun fight is generally a good one, as we’ve chronicled before. Now, two groups with deep ties to firearms are getting involved in the battle over California’s switchblade ban.
On September 26, the National Rifle Association (NRA) and National Shooting Sports Foundation (NSSF) filed an amicus brief with the 9th Circuit Court of Appeals in Knife Rights, Inc. v. Bonta, the challenge to California’s ban on switchblades.
According to a report at nraila.org, California effectively bans the possession, carry and transfer of switchblade knives that have 2-inch or longer blades. Plaintiffs contend that the ban violates the Second Amendment right to keep and bear arms because switchblades are common arms, which cannot be banned under Supreme Court precedent.
“The Supreme Court held that bans on common arms violate the Second Amendment in District of Columbia v. Heller,” the brief states. “Analyzing the Second Amendment’s plain text, Heller determined that the Second Amendment extends to all bearable arms. Proceeding to our nation’s historical tradition of firearm regulation, Heller held that only ‘dangerous and unusual’ arms may be banned, and because common arms are necessarily not unusual, a ban on common arms violates the Second Amendment.”
Consequently, the brief argues, following the Supreme Court’s precedents, this case is a simple one.
“Switchblades are covered by the Second Amendment’s text because they are bearable arms,” the brief states. “And because they are in common use, they cannot be prohibited under our historical tradition.”
As the brief further points out, possessing and carrying knives is certainly nothing new in the United States.
“The unconstitutionality of California’s ban is further demonstrated by the tradition of knife possession and regulation throughout American history,” the brief continues. “Starting in the earliest colonial days, Americans regularly kept and carried knives, especially belt knives, daggers, dirks, and jackknives—the last of which are folding pocketknives analogous to switchblades. These knives were all commonly possessed throughout the colonial and Founding eras by both civilians and militiamen, and they were all used in the Revolutionary War. This tradition is especially significant when considered in light of the absence of historical prohibitions on knife possession.”
As the brief further argues, It does not matter how often an arm is actually employed in self-defense.
“A firearm that is possessed for self-defense is used for self-defense, even when it is not being fired,” the brief states.
Ultimately, NRA and NSSF is asking the court to overturn the district court’s earlier ruling that the ban was constitutional.
“California’s ban on protected arms should be held unconstitutional, and the district court’s orders should be reversed,” the brief concludes.
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