Knife Rights submitted a request for an extension of the filing deadline in our appeal of the Ninth Circuit’s absurd panel ruling and denial of en banc review in our case challenging California’s switchblade ban under the Second Amendment.  A cert petition is the formal request asking SCOTUS to review that ruling and denial.  On September 11th Justice Kagan granted our request, and the cert petition is now due December 14th. 

You will recall that the three-judge appeals panel decision, which was narrow and procedural, upheld the Ninth Circuit opinion—not by finding switchblades were unprotected by the Second Amendment, and not by finding a historical tradition banning all carry of the knives, but by inappropriately segmenting California’s total ban into a concealed-carry restriction and then citing questionable historical laws prohibiting such carry as the means to justify the total ban.

Eight judges issued a dissent to the rehearing denial, which is an extremely unusual occurrence. Beyond that, Judge VanDyke wrote separately to sharply make the broader point that the Ninth Circuit has spent years refusing to apply Supreme Court precedent “vindicating” the Second Amendment. Instead, he points out that Heller and Bruen have done “nothing” to change the Ninth’s approach to Second Amendment cases. He wrote, “Come hell or high water, Heller and Bruen, our court will find a way to uphold any weapons restriction that a liberal State can dream up.”

Judge VanDyke then offered a “suggestion” that the Supreme Court issue more summary reversals of “wayward Second Amendment decisions.” He wrote, more bluntly, that “it’s time for some benchslaps,” stating that only several public rebukes from the Supreme Court would halt or minimize what VanDyke characterized as the circuit’s “open defiance” of Supreme Court Second Amendment precedent.

Our cert petition, once filed, will allow SCOTUS to do exactly that, should it choose to do so. Timing is critical, since virtually all Second Amendment litigation in the system has been put on hold awaiting the decision in Viramontes, the consolidated case to determine the constitutionality, or not, hopefully, of AR-15 bans (to simplify a bit). That decision is unlikely before next June.  It is possible that SCOTUS holds off any action on our cert petition until after Viramontes.

Since 2010 Knife Rights’ efforts have resulted in 58 bills & court decisions repealing knife bans & protecting knife owners in 36 states and over 200 cities and towns! 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™.