Huge Win! In a major victory for Knife Rights and knife owners across America, the U.S. Court of Appeals for the Fifth Circuit has ruled that Section 1242 of the Federal Switchblade Act (FSA) violates the Second Amendment;  "Applying the framework articulated in New York State Rifle & Pistol Association, Inc. v. Bruen, we hold that the FSA [Federal Switchblade Act] is unconstitutional."  

In Knife Rights, Inc. v. Blanche, a three-judge panel of the Fifth Circuit ruled that the federal government’s longstanding restrictions on the interstate manufacture, transportation, and distribution of automatically opening knives cannot survive constitutional scrutiny under the Second Amendment.

The court’s decision represents a monumental victory in Knife Rights’ ongoing fight to eliminate unconstitutional restrictions on knives and the rights of law-abiding Americans.

FIFTH CIRCUIT: SWITCHBLADES ARE PROTECTED ARMS!

In a sweeping rejection of the federal government’s arguments, the Fifth Circuit expressly recognized that switchblade knives are protected “Arms” under the plain text of the Second Amendment.

Critically, the court rejected the government’s contention that switchblades are not commonly used arms, recognizing the millions of automatically opening knives in circulation today and their widespread lawful use for self-defense, hunting, fishing, recreation, and everyday utility.

This is a significant judicial recognition of what Knife Rights has argued for years; The Second Amendment protects knives, not just firearms, and that protection extends to commonly possessed automatically opening knives.

In order to defend the FSA the government relied heavily on citations to historical restrictions involving concealed weapons. But the Fifth Circuit recognized a fundamental constitutional distinction between regulating how a weapon may be carried and broadly restricting the manufacture, transportation, and distribution of that weapon.

The court also rejected the district court’s reasoning that Section 1242 could survive merely because it did not completely prohibit possession of switchblades. Instead, the Court recognized that the right to keep and bear arms necessarily encompasses the ability to acquire them, including the manufacturing and distribution activities that make their acquisition possible.

This is a critical victory extending beyond switchblade knives. The Second Amendment cannot be circumvented simply by targeting the commercial channels through which Americans obtain constitutionally protected arms.

SECTION 1243: THE FIGHT IS NOT OVER

While Knife Rights prevailed on its constitutional challenge to Section 1242, the Fifth Circuit erroneously upheld the dismissal of its facial challenge to Section 1243, which restricts the manufacture, sale, and possession of switchblade knives in certain federal jurisdictions, including Indian country and U.S. territories.

The Fifth Circuit declined to reach the constitutionality of Section 1243, incorrectly finding that the plaintiffs had not satisfied the standard for a facial challenge under United States v. Salerno.

Knife Rights is disappointed in the court’s erroneous application of that standard, but the court’s ruling leaves open the possibility of a future as-applied challenge to Section 1243, allowing its constitutionality to be tested in the context of particular individuals and circumstances.

Knife Rights remains committed to challenging these remaining restrictions and ensuring that the Second Amendment rights of Americans are protected wherever federal law applies.

A LANDMARK VICTORY IN THE FIGHT TO REWRITE KNIFE LAW IN AMERICA™

Enacted in 1958 amid sensationalized fears about switchblades and juvenile delinquency, the Federal Switchblade Act has restricted Americans’ access to commonly used knives for nearly seven decades.
Today’s decision marks a major step toward dismantling that unconstitutional legacy.

The Fifth Circuit has confirmed two fundamental principles that Knife Rights has championed for years: switchblades are constitutionally protected arms, and the government cannot avoid the Second Amendment by restricting the means through which those arms are manufactured, transported, and acquired.

The Fifth Circuit has remanded the case to the district court for further proceedings. The ruling has not yet been implemented. There's also the possibility that the Department of Justice may seek review of the ruling. 

Today’s ruling is an extraordinary victory for Knife Rights, its members, and all Americans who value the right to keep and bear arms and to select the knives they want to purchase and possess. We will keep you apprised of things as they proceed.

Read the decision here.

HELP KNIFE RIGHTS CONTINUE THE FIGHT!

This victory demonstrates why Knife Rights’ strategic litigation is so important. But the fight to eliminate unconstitutional knife restrictions is far from over.

Please consider making a tax-deductible contribution to the Knife Rights Foundation to help us continue fighting for your constitutional rights. DONATE TODAY at https://kniferights.org/donate/(Select Knife Rights Foundation)