Posted on 08/12/2023 5:05:51 AM PDT by marktwain
In 1999, Hawaii enacted a categorical ban on possessing, carrying, and using butterfly knives or “balisongs.” The knives had been legal to possess before that time. In 2020, the ban on butterfly knives was challenged in court. The District Court upheld the ban. The ban was appealed to the Ninth Circuit. On August 7, 2023, the three-judge panel of the Ninth Circuit Court of Appeals reversed the District Court, ruling the Hawaii ban was unconstitutional under the Second Amendment. The Supreme Court Bruen decision (June of 2022) was cited in the ruling. Of particular interest is the logic used by the three-judge panel to show the plaintiffs in the case had standing to sue. The opinion shows how the requirement for standing has changed with the Heller decision in 2008. From the opinion, pages 9-10:
When San Diego County was decided, our precedent held that “the Second Amendment [was] a right held by the states, and [did] not protect the possession of a weapon by a private citizen.” 98 F.3dat 1124 (cleaned up).3 In other words, to the extent San Diego County categorically held that a plaintiff cannot be injured by his inability “to purchase outlawed firearms,” id.at 1129–30, that was because our precedent had not yet recognized any individual right to keep and bear arms, id. at 1124. Of course, that precedent is “clearly irreconcilable,” Miller v. Gammie, 335 F.3d 889, 900 (9th Cir. 2003), with Heller’s recognition of the individual right to keep and bear arms. 554 U.S. at 595.
The three-judge panel recognizes knives are arms protected by the Second Amendment. The opinion states an obvious fact, which should be cited more often in Second Amendment cases. Arms are going to be used by criminals.
(Excerpt) Read more at ammoland.com ...
And all so they can have their way with us.
Meanwhile Hawaii has a bigger problem.
Yes, the 2nd amendment says “arms”, a generic term which includes all sorts of weapons.
An argument could be made that it does not include heavy crew-served weapons, but at the time you had civilian ownership of cannons.
Had a friend who had a naval cannon on his front lawn. He had a steel rimmed wooden carriage built for it. Every 4th of July he would shoot it (with no projectile).
When I lived in Florida, I was friends with a guy who was a Civil War re-enactor. He had beautiful cannon. The annual "Battle of Olustee" was really loud.
Do they butter their bread with a spoon ?
I owned a couple of cannons during my career as a Civil War re-enactor. Black powder weapons are not considered “firearms” under Federal law so there is no restriction on those.
As I understand the law, it is still legal to own a fully automatic modern firearm or a modern artillery piece, but everything must be registered with the Federal government and there is a high tax on them.
Biggest problem has is Hirono.
I have never had an opportunity to buy an antique like that. Not sure I would trust it with a real projectile. Possibly with black powder, which is more dangerous than most people think.
As a kid, one of our neighbors made black powder. Not many ingredients, but not that stable either. He never had an accident.
I reload and have a feel for danger signs on working up loads. The published recipes are not to be taken lightly, especially on reduced loads. (Some powders can be handled more safely with reduced loads, like Accurate 5400 and Shooter’s World Buffalo Rifle) The propellant can turn into an explosive if there is too much space in a cartridge.
Now with muzzle loaders and cannons, they are always compressed loads. No space between powder and the projectile.
It is clear that DC would like to take them all. And also clear that the current regime does not believe they are bound by the Constitution.
They “make up the rules as they go” was Pelosi’s comment once. She believes she is the Queen (of crap on the streets San Francisco?).
We have our work cut out for us in the next round of elections. This is a do or die moment for our nation.
It is Time to Restore the Constitution.
It is Time to DownSize DC.
Expose em all. Prosecute them all.
The “all” are many.
Hawaii loves bans. Why not ban high capacity full semi automatic assault knives?
In 1959, after the last game with uCLA that clinched the Syracuse team's 10-0 undefeated season, though not a home game, the jubilant fans heard tha cannon fired through thel night long, which had finally to be silenced by the police.
I don't know if this kind of private possession, exhibition, and discharging activity is still being done in public around the nation.
Swiss Army Mobilizes!
You nailed it!
9th Circuit...so this also applies to California.
>>An argument could be made that it does not include heavy crew-served weapons, but at the time you had civilian ownership of cannons.
Not to mention well-armed ships with multiples of them.
Otherwise, there would have been no need for Letters of Marque and Reprisal to be in the Constitution.
“...but at the time you had civilian ownership of cannons.”
No… the letters merely gave you authorization to attack hostile nations shipping on Americas behalf. They were not necessary for you to arm your ship for mere self defense against pirates.
Democrats like to rename everything so call it a dragonfly knife and problem solved mixed with a little plausible deniability.
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