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US ban on switchblades is unconstitutional, appeals court rules
The court said switchblades are protected arms and found no historical analogue for banning their manufacture, transport or distribution.
The New Orleans-based 5th Circuit Court of Appeals ruled on Wednesday that the Federal Switchblade Act violates the Second Amendment, holding that the ban on manufacturing switchblades for interstate commerce contradicts the nation's historical tradition of arms regulation.
Congress enacted the legislation in 1958 during a period of "hysteria" surrounding juvenile delinquency, aiming to restrict spring-release pocketknives from teenagers. The court found this ban inconsistent with how the American founding era had regulated weapons.
Knife Rights, the advocacy group that appealed the Texas trial judge's rejection, stated the ruling confirms: "The Second Amendment protects knives, not just firearms, and that protection extends to commonly possessed automatically opening knives." The court determined switchblades qualify as "arms" in common use.
While the court struck down the act's core restrictions on interstate commerce, it upheld a separate provision banning the manufacturing, sale, and possession of switchblades in United States territories and on tribal lands.
Although the administration of Republican President Donald Trump has challenged other gun laws, it defended this switchblade ban, arguing it "fits within the tradition of regulating dangerous and unusual weapons." The Justice Department did not immediately respond to comment requests on Thursday.