Posted on 09/14/2020 4:46:54 AM PDT by marktwain
The Hawai'i Federal District Court has issued an opinion in Teter v. Connors that guts the Second Amendment.
The opinion holds that even if butterfly or “balisong” knives are protected by the Second Amendment of the Constitution, a state law banning any possession, manufacture or transport of such knives is constitutionally valid. From the opinion:
The popularity of an all-encompassing class of weapon (the knife, or even the folding knife)is immaterial when only one narrow subset of the class (the butterfly knife) is banned here.The Court declines to treat the ban on butterfly knives—a relatively obscure weapon—the same way the Heller Court viewed the ban on handguns—the “quintessential”self-defense weapon. Doing so would neglect the Supreme Court’s emphasis on the regulated weapon at issue—and by extension much of the Court’s reasoning that led to its ultimate holding. This case simply does not amount to the same level of “destruction of the [Second Amendment] right” as Heller.
The plaintiffs are appealing the decision to the Ninth Circuit Court of appeals.
The Supreme Court has been deadlocked and unable or unwilling to protect the exercise of those rights. Without the election of Donald Trump and the appointment of Justices Gorsuch and Kavanaugh, the Second Amendment would be dead letter law across the United States. Instead, federal appeals courts in circuits hostile to the Second Amendment have been using the lack of SCOTUS action to slice away most meaningful Second Amendment protections in several Circuits, notably the Ninth and the Second Circuits.
The first salami slice is the claim that Heller is a very narrow decision, only protecting the defense of self and others in the home with commonly available handguns.
(Excerpt) Read more at ammoland.com ...
That opinion is shared by very few Hawaiians, I would bet.
You’re wrong. That flag is all over the place.
I know we have some FReepers from there who may agree or disagree.
In the months I’ve spent there, it’s quite prevalent.
But what do I know, I’m just a Ha’ole.
Anybody who thinks that there isn’t knife control needs to read their local ordinances and state ordinances. It varies from city to county to state... often different, sometimes exceedingly so.
And they differ from blade length, locking blades, military issue, length overall etc...
And some states absolutely none of that even maters.
The idiocy of illegal switchblades and butterfly knives should have died with Bruce Lee.
Switchblade - West Side story.
Nun-chucks - Bruce lee and kung fu fighting movies
Butterfly knives - Hit Girl, Big Trouble in Little China, etc.
In Texas a couple of years back, the state went completely no reg on knives. You can walk down the street in Dallas with a fully sharpened and ready to go Katana, Claighmorgh, Saber, or butterfly/switchblade of your choice in your pocket.
And they differ from blade length, locking blades, military issue, length overall etc...
Kniferights.org is fighting for the reform of knife laws at the federal, state and local levels.
There is a federal prohibition of the transport and sale of balisong knives across state lines that is still on the books. So potentially the only legal Balisong is one that was manufactured and sold exclusively within a state.
Until the federal switchblade law (that includes balisongs) is repealed, there isn't a whole lot one can do about this Hawaii ruling.
It is more dangerous because by attacking the popularity of a weapon, it guts Scalia's suggestion that popularity or widespread use is one of the criteria to be used to determine if legal restrictions are unconstitutional.
Other circuits have simply ignored Scalia's test. This one tries to bury it as a matter of law.
Article VI
All debts contracted and engagements entered into, before the adoption of this Constitution, shall be as valid against the United States under this Constitution, as under the Confederation.
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
The Constitution is the Supreme Law of the Land. The 2A was ratified by the States as part of the BoR and is ALSO the Law of the Land.
The judge that ruled on this needs to be disbarred and possibly hung for treason.
The only test should be, “Can this be used as a weapon?”
The 2A isn’t about just militia use or popularity. It’s about having the tools necessary to defend your life, your property, and those around you should the need arise. From common criminal’s, invaders, or out of control politicians.
From John Wick’s pencil to to Chester Nimitz’s aircraft carrier.
Shall not be infringed. Period.
Before, you couldn’t have a Bowie knife in Texas outside of your home. Glad they finally ‘fixed’ some stuff a few years ago.
Also,I don’t know the complete history of the Caetano case. All I know for sure is that the conviction was upheld by the highest state court in Massachusetts (the “Supreme Judicial Court”) and was struck down...like I said,9-0...by SCOTUS.I don’t know which Federal lower courts (if any) ruled in Caetano’s favor and which (if any) ruled in the Commonwealth’s favor.
The Japanese living there agree.
However, the Ninth Circuit has shown itself to be hostile to the Second Amendment.
In spite of President Trump's appointments to the Ninth, there still appears to be a majority of Progressive judges on the court, who want to essentially nullify Heller.
I expect the Ninth to uphold this decision, then an appeal be made to the Supreme Court.
Whether the SCOTUS decides to take the case will probably depend on whether RBG is still on the court, and if President Trump has appointed a replacement.
Derivation of the Balisong knife is from the Philippines Islands. As shown the knife is interior to the handles but a skilled user can 'flip' it open very, very fast!
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