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BELLEVUE, Wash. — — The Second Amendment Foundation (SAF) and its partners have filed an amicus brief with the Fifth Circuit Court of Appeals supporting the plaintiffs-appellants in Knife Rights, Inc. v. Bondi, a case challenging the Federal Switchblade Act, which restricts interstate commerce in switchblades.
SAF is joined in the amicus filing by the California Rifle & Pistol Association and Second Amendment Law Center.
“Building on our recent amicus brief in a similar case in the Ninth Circuit challenging California’s switchblade ban, our filing in the Fifth Circuit explains that switchblades are plainly ‘arms’ under the Second Amendment’s text, fitting Founding-era definitions of weapons for offense or defense,” said SAF Director of Legal Research and Education Kostas Moros. “Any restriction must therefore be justified by a historical tradition, which does not exist for banning switchblades. The Federal Switchblade Act unconstitutionally infringes on the rights of law-abiding citizens to keep and bear arms for self-defense and other lawful purposes, and we urge the court to faithfully apply Supreme Court precedents in Heller and Bruen.”
The brief argues that the Second Amendment covers all bearable arms, including switchblades, and that restrictions must align with historical tradition rather than an exaggerated plain text inquiry that evades scrutiny. It clarifies that “common use” and “dangerous and unusual” are part of the historical inquiry, stressing that uncommon does not mean unprotected and that “dangerous” requires more than mere capacity for harm, especially for arms far less lethal than protected firearms.
“This case is crucial because it addresses whether federal laws can override Second Amendment protections for switchblades that millions of Americans use for self-defense, utility and other lawful activities,” said SAF founder and Executive Vice President Alan M. Gottlieb. “Following our support in the Ninth Circuit case, we’re continuing to defend these rights through amicus briefs and litigation nationwide, ensuring lower courts adhere to the Supreme Court’s guidance instead of undermining it.”
For more information visit SAF.org.
The Second Amendment Foundation (saf.org) is the nation’s oldest and largest tax-exempt education, research, publishing and legal action group dedicated to safeguarding and promoting the fundamental rights of individuals enshrined in the Second Amendment of the United States Constitution. SAF engages in aggressive legal action to ensure the principles of armed self-defense, personal liberty, and the ownership of arms are defended, secured, and restored. Through public education initiatives, SAF teaches the importance of the Second Amendment to promote a society that values and exercises the right to keep and bear arms.
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