Plaintiffs in Knife Rights’ federal lawsuit challenging the constitutionality of portions of the Federal Switchblade Act under the Second Amendment have filed their Response to the DOJ’s Motion to Dismiss and their Reply in Further ....

The very short version is that at the same time that the Department of Justice continues its claim that none of the Plaintiffs are under any threat of prosecution, we point out that their adamant defense of the FSA and their insistence that it is necessary to prevent crime contradicts this position.

We also point out that the DOJ’s claim that the FSA has not been enforced in over a decade is absolutely false, by providing undisputed evidence that the federal government routinely enforces the FSA’s ban.

Our brief decimates their cites to utterly irrelevant cases, as well as their ridiculous claim, backed by absolutely zero evidence, that switchblades are both dangerous and unusual. We show that these knives are both less dangerous than other arms covered by the Second Amendment, such as guns, and the DOJ’s own arguments confirm that they are in common use for lawful purposes. We go on to provide proof that they are common numerically, categorically and jurisdictionally.

Click to read our Consolidated Opposition To Defendants’ Motion To Dismiss And Reply In Further Support Of Plaintiffs’ Summary Judgment Motion

Next up is the DOJ’s final reply brief. Stay tuned for the next installment of Knife Rights Unconstitutional Switchblade Bans Chronicles.

These court battles are primarily funded by the 501(c)(3) Knife Rights Foundation. Please consider making a TAX-DEDUCTIBLE DONATION to the Foundation to help us out. If you’d like to help support these lawsuits, please donate at KnifeRights.org/donate or call us toll-free at 866-889-6268 (10:00 AM – 5:00 PM Pacific).

Originally enacted in 1958, the Act restricts the introduction into interstate commerce of common automatically opening (“switchblade”) knives. It also bans their possession on Native American reservations and in U.S. territories and on U.S. lands. The definition of a “switchblade knife” includes gravity knives and butterfly knives.

Joining Knife Rights in the case are members Russell Arnold, Jeffery Folloder, Evan Kaufmann, Rodney Shedd, and Adam Warden and retailer members RGA Auction Services d.b.a. Firearm Solutions and MOD Specialties. Plaintiffs are represented by attorneys John W. Dillon at the Dillon Law Group and R. Brent Cooper at Cooper & Scully.

Named as defendants are Merrick Garland, Attorney General of the United States, and the United States Department of Justice. The lawsuit, Knife Rights, Inc. v. Garland, was filed in U.S. District Court for the Northern District of Texas (Fifth Circuit).

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Knife Rights is America’s grassroots knife owners’ organization; leading the fight to Rewrite Knife Law in America™ and forging a Sharper Future for all Americans™. Knife Rights efforts have resulted in 50 bills enacted repealing knife bans in 31 states and over 200 cities and towns since 2010.