US appeals court rules federal switchblade trade limits unconstitutional
The court found switchblades are protected arms and rejected the government’s historical justification for the limits.
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The court found switchblades are protected arms and rejected the government’s historical justification for the limits.
The US Court of Appeals for the Fifth Circuit ruled Wednesday that the Federal Switchblade Act’s restrictions on trade between states violated the Second Amendment, Fox News said. The court found that switchblades are commonly used “arms” protected by the constitutional right to keep and bear arms, citing their historical use for defense and everyday purposes.
The decision follows the US Supreme Court’s 2008 Heller ruling, which recognized an individual right to possess firearms for lawful purposes, including self-defense. Heller protected weapons in lawful common use while recognizing a longstanding tradition of restricting “dangerous and unusual” weapons. It did not decide the status of switchblades directly.
The Supreme Court’s Bruen decision sets a two-stage test. A court first asks whether the Second Amendment’s wording covers the weapon or conduct in question. If it does, the government must show that its restriction fits the country’s historical tradition of regulating arms.
Having found switchblades protected, the Fifth Circuit ruled that the government had not identified a sufficient historical tradition supporting the Act’s specific interstate-commerce restrictions. The court found that those restrictions regulated switchblades differently from historical laws.
That finding concerns the federal restrictions on trade between states, not every law governing knives. The ruling’s immediate effect on enforcement remains unclear, including the precise relief granted and whether a stay applies.
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