Gun-rights organizations are increasingly getting involved in cases involving knives for a simple reason—the Second Amendment protects the right of lawful Americans to keep and bear arms in common use. And knives, including switchblades, certainly qualify under that criteria.
We recently reported how the National Rifle Association (NRA) and National Shooting Sports Association (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. The Second Amendment Foundation (SAF) also filed a brief in that case.
The NRA/NSSF brief stated: “The Supreme Court held that bans on common arms violate the Second Amendment in District of Columbia v. Heller. Analyzing the Second Amendment’s plain text, Heller determined that the Second Amendment extends to all bearable arms.”
Now, both the SAF and NRA have filed amicus briefs with the 5th Circuit Court of Appeals in Knife Rights, Inc. v. Bondi, a case challenging the Federal Switchblade Act, which restricts interstate commerce in switchblades. SAF is joined in its amicus filing by the California Rifle & Pistol Association and Second Amendment Law Center.
“Building on our recent amicus brief in a similar case in the Ninth Circuit challenging California’s switchblade ban, our filing in the Fifth Circuit explains that switchblades are plainly ‘arms’ under the Second Amendment’s text, fitting Founding-era definitions of weapons for offense or defense,” Kostas Moros, said SAF director of legal research and education, said in a news release announcing the filing. “Any restriction must therefore be justified by a historical tradition, which does not exist for banning switchblades. The Federal Switchblade Act unconstitutionally infringes on the rights of law-abiding citizens to keep and bear arms for self-defense and other lawful purposes, and we urge the court to faithfully apply Supreme Court precedents in Heller and Bruen.”
Alan M Gottlieb, SAF founder and executive vice president, said the case is an important one.
“This case is crucial because it addresses whether federal laws can override Second Amendment protections for switchblades that millions of Americans use for self-defense, utility and other lawful activities,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Following our support in the Ninth Circuit case, we’re continuing to defend these rights through amicus briefs and litigation nationwide, ensuring lower courts adhere to the Supreme Court’s guidance instead of undermining it.”
SAF was joined in the amicus filing by the California Rifle & Pistol Association and the Second Amendment Law Center.
The NRA brief in the case argued that the fact that switchblades are bearable arms is all that is needed to satisfy the Second Amendment’s plain text inquiry under Bruen.
“Keeping—including possessing, through commercial transactions or otherwise—bearable arms such as switchblades is protected conduct,” the brief stated. “Whether and to what extent that protected conduct is infringed—including whether a regulation is constitutionally permissible or unconstitutionally abusive—must be determined through historical analysis.”
Ultimately, the brief asks the court to reverse the lower court’s ruling and remand the case back down for the court to determine whether the Federal Switchblade Act is consistent with this nation’s historical tradition of arms regulation.
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