Knife Rights today filed a federal lawsuit challenging California’s complete ban on common automatic knives 2-inches and greater that the State prohibits as illegal “switchblades.” Joining Knife Rights in the case are Knife Rights members James Miller, Garrison Ham, and Eliot Kaagan and knife retailer members North County Shooting Center and Poway Weapons and Gear. They are represented by attorney John W. Dillon at the Dillon Law Group.
In its complaint, the plaintiffs allege that the State’s ban is unconstitutional and said that “there can be no question that knives are “arms” protected under the plain text of the Second Amendment.…And indeed, the Supreme Court made clear in [NYSRPA v. Bruen] that the Second and Fourteenth Amendments protect the right to acquire, possess, and carry arms for self-defense and all other lawful purposes-inside and outside the home.” In fact, automatic knives that are banned in California are widely legally possessed in at least 43 of 50 states.
Knife Rights Chairman Doug Ritter said, “Under Supreme Court precedent, California’s ban on these common and constitutionally protected knives cannot pass muster and must be enjoined. Since 2010, Knife Rights has led the charge to restore the right to keep and bear these knives and successfully repealed civilian switchblade bans in 16 states. As the premier advocacy organization for the right to possess and carry knives, Knife Rights looks forward to striking down all unconstitutional knife bans throughout the United States.”
In its 2022 NYSRPA v. Bruen decision, the Supreme Court emphasized that the Second Amendment right to keep and bear arms, applied against states and local governments through the Fourteenth Amendment, is not “a second-class right, subject to an entirely different body of rules than the other Bill of Rights guarantees.” In 2021, Knife Rights filed an important amicus (friend of the court) brief in the Supreme Court that was cited in in the Bruen decision.
Attorney John Dillon said, “It’s time for California to accept reality and understand that it can no longer strip Californians of their right to keep and bear arms for self-defense by banning useful arms like automatic knives. The State’s ban has never prevented a crime, it has never saved a life, it has never helped anyone. All that it has done is prohibited peaceable people from their right to choose what they own and carry for self-defense and too often leads to unnecessary interactions with law enforcement, sometimes with tragic results.”
Please support Knife Rights’ lawsuit with a tax-deductible donation to the Knife Rights Foundation at: www.KnifeRights.org/donate (select Knife Rights Foundation)
Read the whole thing at KnifeRights.org (much more background on the case):