It seems that not just gun control laws are on the chopping block after the controversial 2022 Supreme Court Decision known as Bruen has led to expanded gun rights across the country.
Now, a Massachusetts court struck down a 67-year ban on switchblades in the state, citing the Bruen decision and saying spring-assisted knives are protected by the Second Amendment under “historical tradition.”
Court Ruling
On August 27, the Massachusetts Supreme Judicial Court handed down a ruling in a criminal case applying new guidance from the 2022 Bruen decision and declared that switchblades don’t deserve to be specifically restricted under the Second Amendment.
“Nothing about the physical qualities of switchblades suggests they are uniquely dangerous,” Justice Serge Georges Jr. wrote.
What is Bruen?
Under a 2022 Supreme Court decision called New York State Rifle & Pistol Association, Inc. v. Bruen, the court found an increased right for Americans to carry weapons in public for self-defense. It also established a standard for weapon restriction laws in the United States, saying they have to conform to a historical standard in the nation’s history.
“A firearm regulation that falls within the Second Amendment’s plain text is unconstitutional unless it is consistent with the Nation’s historical tradition of firearm regulation. Not a single historical regulation justifies the statute at issue,” Justice Clarence Thomas wrote in the majority opinion.
Details of the Case
In 2020, there was a domestic disturbance case that ended up with police seizing a “firearm-shaped” knife that had a spring-assisted blade.
The defendant in the case was charged with possessing a dangerous weapon as Massachusetts is one of only a few states that have restrictions on switch knife possession.
Appealing the Decision
After being convicted, the defendant asserted in their appeal they had a right to own the blade under the Second Amendment of the Constitution.
Ultimately, the defendant’s appeal was granted by the Massachusetts Supreme Judicial Court under this reasoning.
Ruling Reasoning
In the state Supreme Judicial ruling, Judge Georges applied the Bruen standard and found that spring-loaded knives qualified as “arms” under the Second Amendment.
“Therefore, the carrying of switchblades is presumptively protected by the plain text of the Second Amendment,” Georges wrote.
Criticizing the Decision
In the wake of the ruling, Massachusetts Attorney General Andrea Joy Campbell was highly critical of both the ruling and the Supreme Court decision in Bruen.
“This case demonstrates the difficult position that the Supreme Court has put our state courts in with the Bruen decision, and I’m disappointed in today’s result,” Campbell said in a statement. “The fact is that switchblade knives are dangerous weapons and the Legislature made a commonsense decision to pass a law prohibiting people from carrying them.”
Other States With Bans
As of this year, the vast majority of US states allow the legal possession of switchblade knives.
In 41 states, these knives are legal, though some states make exceptions if the blade is over a certain length.
Massachusetts Law
In the Massachusetts law that the court has declared is in conflict with the Second Amendment, a person cannot carry an “automatic knife having a blade longer than one and a half (1 ½) inches.”
Under 269 § 10 sub-section (b), if one is arrested while possessing a so-called “dangerous weapon” they are subject to the same penalties that would apply under simple possession. The manufacture and sale of switch knives is also prohibited under 269 § 12.
Celebrating the Decision
Knife Rights, a membership advocacy organization supporting knife and edged tool owners across the country, issued a statement celebrating the ruling.
“It is extremely gratifying to see this switchblade ban struck down on Second Amendment grounds in one of the most notoriously anti-Second Amendment states,” said Knife Rights Chairman Doug Ritter. “It also stands in stark contrast with last week’s decision from the Federal District Court in California that got everything wrong that this decision got right.”
Amicus Brief
Previously, Knife Rights had filed an Amicus Brief in this case when it reached the Massachusetts Supreme Judicial Court.
“Just like handguns and stun guns, automatically opening knives are in common use and are useful tools for everyday carry, recreation, hunting, utility, as well as self-defense,” the brief said. “Simply put, they are just a variation of common folding pocket knives.”
Other Non-Gun Cases
Massachusetts isn’t the only state where the Bruen ruling is having an impact on weapons other than guns.
In February, a federal court in California ruled that the state’s ban on blunt weapons like billy clubs was unconstitutional, which was a reversal of a ruling just three years prior when the ban was upheld.
