Fifth Circuit Strikes Down Core of the Federal Switchblade Act: Switchblades Are 'Arms' Under the Second Amendment
The U.S. Court of Appeals for the Fifth Circuit issued an opinion on October 21 (No. 25-10754) holding the core of the 1958 Federal Switchblade Act unconstitutional under the framework of the Supreme Court's Bruen decision, in a challenge brought by Knife Rights, Inc. and others against the Justice Department. Chief Judge Jennifer Walker Elrod wrote the opinion, joined by Judges Willett and Wilson. The case came up from the Northern District of Texas; the defendants are Acting Attorney General Todd Wallace Blanche and the Department of Justice.
The panel held that switchblade knives qualify as "Arms" covered by the plain text of the Second Amendment and are in common use. The government therefore had to show that the Act comports with the nation's historical tradition of arms regulation, and, the court held, it failed to do so: the restrictions in Section 1242 on the introduction, manufacture, transportation and distribution of switchblades in interstate commerce did not survive review. The court reversed the district court's dismissal of the Section 1242 claim.
The plaintiffs fared worse on Section 1243, which covers possession within the federal special maritime and territorial jurisdiction. The court held their facial challenge did not meet the stringent standard, since the provision has plainly constitutional applications in places such as courthouses, federal prisons, embassies and military bases; it affirmed the dismissal of that claim. The case was remanded for further proceedings.
The Federal Switchblade Act was enacted in 1958 (codified at 15 U.S.C. §§ 1241–45) to stem the interstate flow of switchblade knives. The ruling is a precedential opinion of the circuit.
Published by GSM · USA (original Chinese edition)
Photo: 美国联邦第五巡回上诉法院大楼（CC BY 3.0，Wikimedia Commons）
