Federal court rules switchblades OK under Second Amendment

The U.S. 5th Circuit Court of Appeals on Wednesday ruled that a federal law banning switchblade knives violated the Second Amendment right to bear arms. The 1958 law introduced penalties, including a fine of up to $2,000 and up to five years in prison, for manufacturing and distributing the knives or transporting them between states. The underlying legal case was remanded back down to a Texas federal district court for further litigation.

The court ruled that the constitutional right to keep and bear arms applies to switchblades because they have a long history of use in self-defense and remain in common use today. The court rejected the Justice Department’s argument that switchblades are not commonly used. The court also ruled that the Second Amendment necessarily allowed the manufacture, transportation, and distribution of such knives. Without those abilities, the right to possess switchblades wouldn’t mean much, the court reasoned.

However, the court dismissed a second claim challenging another provision of the federal switchblade law. That provision bans the manufacture, sale, and possession of switchblades in U.S. territories, Indian reservations, and other areas under special federal jurisdiction. The court said the plaintiffs failed to prove that the provision was unconstitutional in every possible circumstance.

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