Fifth Circuit Court of Appeals Rules Switchblades Are Arms Under 2nd Amendment
Judges ruled the Federal Switchblade Act fails to meet the standards set by the 2022 Bruen decision.
The Fifth U.S. Circuit Court of Appeals has ruled that the Federal Switchblade Act (FSA), which regulates automatically opening knives, is unconstitutional.

A three-judge panel made up of Judges Jennifer Walker Elrod, Don Willett, and Cory Wilson on Oct. 22 found that the knives are protected arms under a plain reading of the Second Amendment, and that the FSA did not comport with U.S. history and tradition.

The case, Knife Rights, Inc. v. Blanche, originated in the U.S. District Court for the Northern District of Texas in September 2024. It was brought by advocacy group Knife Rights, Inc., two businesses, and five individuals.

The plaintiffs claimed the FSA violates their Second Amendment right to keep and bear arms. They asked the court to find the law unconstitutional and to stop its enforcement.

The District Court dismissed the case, and the plaintiffs appealed to the Fifth Circuit, which reversed the dismissal.

Plaintiff Doug Ritter, chairman and founder of Knife Rights, said that the decision will ripple through the legal community. He said the ruling reinforces the understanding that the Second Amendment applies to more than just firearms.

https://www.theepochtimes.com/...age&ea_med=section-1

SEINFELD!

So will we need a 4473 now, or an equivalent?

This is interesting, I didn’t realize there was a federal statute on automatic knives.
In 2017 IIRC Texas legislators removed auto knives from the Texas prohibited list. I stand to be corrected but they also removed clubs, brass knuckles and other devices at the same time.

I have carried an auto knife from Sept 1 of that year.

This winning feels good.

Blessings upon Pres Trump and the good judges of the 5th circuit.
Also blessings on the TSRA who has been working for these Texas wins tirelessly.

HK Ag

quote:

Originally posted by HK Ag:
I didn’t realize there was a federal statute on automatic knives.

At least one online knife vendor has a thing about the requirement to ship an automatic knife interstate. The exceptions about who can receive a knife in interstate shipment are pretty broad, but evidently still (was) a restriction. I seem to remember an exception for one-armed people.

Just another example of people having too much power and not enough sense.

One of the most bizarre things I’ve seen in recent times, though, was Colorado’s repeal of the ban on auto knives some years ago. Who’d a thunk it in this leftpit‽

quote:

Originally posted by Fly-Sig:
So will we need a 4473 now, or an equivalent?

Doubtful. Even the Microtechs I've bought from brick and mortar gun stores never required a 4473 in Missouri. I've also bought them online and had them sent to my house from outside of my state.

Interesting. I've never had an "automatic" but I'm hopefully getting a Benchmade one thru Dave's group buy.

Georgia legalized them in 2012 and I bought Hubertus automatics by the gross.

Transfer of suppressors from dealers must be done using the 4473 because Federal law classifies them as firearms. The same is not true of automatic knives. Evidently the court recognized that an “arm” can be something other than a gun—which was true long before guns were invented.

quote:

Originally posted by Mars_Attacks:

Georgia legalized them in 2012 and I bought Hubertus automatics by the gross.

$30,000 at a time?

“I was getting blowjobs from French Hookers for this?”
Ben Franklin

So we’re at the point where we have to put Switchblades under the 2nd Amendment?
I don’t know how I feel about this.
Are we going to come to a point where regular knives need to come under the 2nd Amendment umbrella?
Rocks and sticks?

Switchblades are used by the good guys, too.

In IL, if you have a CCW permit, you can carry an automatic knife.

Curious to see if that has any effected on “spring blade” knives being illegal to own (not just carry) in Washistan..

Violation is gross misdemeanor

quote:

Originally posted by 911Boss:
Curious to see if that has any effected on “spring blade” knives being illegal to own (not just carry) in Washistan..

Violation is gross misdemeanor

What is a “spring blade” knife. Is that what some manufacturers call “assisted opening”?

quote:

Originally posted by bob ramberg:
In IL, if you have a CCW permit, you can carry an automatic knife.

In NY, a CC permit won’t help. But if you have a hunting or fishing license, you’re GTG with an automatic. Go figure.

quote:

Originally posted by CPD SIG:
So we’re at the point where we have to put Switchblades under the 2nd Amendment?
I don’t know how I feel about this.
Are we going to come to a point where regular knives need to come under the 2nd Amendment umbrella?
Rocks and sticks?

Look at the UK knife laws, sadly, I can see the need for 2A protection.

https://www.gov.uk/buying-carrying-knives

quote:

Originally posted by slosig:

quote:

Originally posted by 911Boss:
Curious to see if that has any effected on “spring blade” knives being illegal to own (not just carry) in Washistan..

Violation is gross misdemeanor

What is a “spring blade” knife. Is that what some manufacturers call “assisted opening”?

That is the wording used in RCW 9.41.250 “Assisted opening” ok, basically anything “automatic” is verboten.

"Spring blade knife" means any knife, including a prototype, model, or other sample, with a blade that is automatically released by a spring mechanism or other mechanical device, or any knife having a blade which opens, or falls, or is ejected into position by the force of gravity, or by an outward, downward, or centrifugal thrust or movement. A knife that contains a spring, detent, or other mechanism designed to create a bias toward closure of the blade and that requires physical exertion applied to the blade by hand, wrist, or arm to overcome the bias toward closure to assist in opening the knife is not a spring blade knife.

Does keeping and bearing “regular” knives need Constitutional protection? Not at the moment (mostly), but ask the people who live in the UK how that’s worked out for them. I’ve made no special effort to keep up with their laws, but at one time at least there was a movement to ban kitchen knives with sharp points because of how dangerous they are if used as weapons.

I’ve long contended that there should be no Second Amendment protection needed for any “arms,” and that keeping and bearing them is a fundamental right as a human being. That, unfortunately, is a very minority view, so I’m glad that the 2A is there. If the only way a court can rule that possession of an automatic knife is not something that any legislative body can legitimately ban is by tying it to the Constitution, I’ll take what I can get.

As for sticks and rocks, if possession of either were prohibited by law I’d hope that a court would find some way of nullifying the restriction.