Massachusetts Switchblade Ban Overturned on Second Amendment Grounds

The Second Amendment to the United States Constitution clearly protects the individual right to own and carry firearms for self-defense, sport, and other purposes. However, the amendment does not specifically mention guns; it refers to “the right of the people to keep and bear Arms,” with firearms being just one example of what dictionaries define as “a means (such as a weapon) of offense or defense.” Recently, the highest court in Massachusetts made a decision based on this interpretation, striking down a law against switchblade knives.

Protected by the Second Amendment

In the case of Commonwealth v. Canjura, the Massachusetts Supreme Judicial Court ruled that switchblade knives are not considered ‘dangerous and unusual’ weapons that fall outside the protection of the Second Amendment. This decision was heavily influenced by key U.S. Supreme Court cases such as Bruen (2022) and Heller (2008). As a result, the ban on switchblade knives in the state was deemed unconstitutional, and charges against the defendant were dismissed.

The case involved a situation in 2020 where David E. Canjura was found in possession of a switchblade knife during a dispute with his girlfriend, leading to charges being filed against him based on state law. However, the court’s decision highlighted the importance of considering historical context and the broad definition of ‘arms’ protected by the Second Amendment.

The Second Amendment Protects All ‘Bearable Arms’

Drawing from the principles established in Heller, the court emphasized that the Second Amendment applies to all types of bearable arms, including those that were not in existence at the time of the amendment’s drafting. The history of knives in American colonies was cited to demonstrate the widespread use of bladed weapons for various purposes, leading to the conclusion that switchblade knives are akin to folding pocketknives in terms of historical usage.

The court’s analysis also highlighted the importance of considering whether weapons are in common use and not deemed ‘dangerous and unusual’ when determining their eligibility for Second Amendment protection. In the case of switchblade knives, the court found that they are commonly used and should not be considered outside the scope of the Second Amendment.

The decision in Massachusetts sets a precedent for the protection of various forms of arms under the Second Amendment, reaffirming the right of Americans to own and carry weapons for self-defense purposes.

Still Work To Be Done

While the Massachusetts decision is a significant step towards upholding Second Amendment rights, there are still challenges ahead, as evidenced by a recent federal court decision in California that reached a different conclusion regarding switchblade knives. Advocacy groups like Knife Rights continue to push for the protection of bladed tools and the right to own and carry arms across all states.

Despite ongoing legal battles, the Massachusetts ruling represents a victory for individual freedoms and the recognition of the broader scope of the Second Amendment beyond just firearms. It underscores the importance of upholding the right to self-defense through the ownership and use of various forms of arms.