Second Amendment Knife Case in Hawaii: Dangerous Opinion

AmmoLand ^ | 10 September, 2020 | Dean Weingarten

[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 District Court opinion shows how appeals courts hostile to the Second Amendment have been successfully salami slicing away Second Amendment rights.

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.

[marktwain]

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!

Correct.

However, in the Court decision, it is noted that in expert hands, the Balisong is a little bit slower to open than other style lockblade knives in expert hands.

[painter]

I had a friend in high school who had one. He kept it in his boot. He could pull it and have it opened in a blur.

[OldGoatCPO]

I think knife bans are silly and a waste of time. My dad carried a sheaf knife on his belt and in his boot for years. Both sharp as hell. One was a utility knife for work and the other could serve only one purpose. Dad could be quickly accessed both for self-defense. Ban one knife another takes its place.

I have owned many Bali songs over the years. Like my dad’s boot knife they serve one purpose for which they are well designed. In Olongapo I was sitting in a bar called the West Forty. We all carried balisongs for self defense. SP or gate guards would confiscate them if we were caught. But a new one costs about $1.50. Sitting with a group of young Marines, we were practicing opening our Butterfly knifes quickly. Pretty Filipina Waitress (seriously not bar girl) comes over laughs and says we are too slow. Reaches into her tight jeans and spins open two knives open at blinding speed. She then explained the knives other purpose and why they are called “butterfly” knives. Despite being pretty not a single Marine was willing to go out with that girl.

[2aProtectsTheRest]

Agreed. They want their own culture and their own set of laws. They want full autonomy and they blame the US for all their ills. Everything from unaffordable housing to a bad economy - it’s all our fault. It was nothing but pure utopia before the terrible white people showed up and ruined everything.

Lots of deluded ungrateful losers living on those gorgeous islands.

[Joe Boucher]

it helps your case if you have a concealed carry permit.
That can be a knife.

[SunkenCiv]

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.

[aimhigh]

This logic has been in place in California for quite a while. Just look at California’s list of banned firearms.

https://oag.ca.gov/firearms/de-certified-handguns

[pierrem15]

The courts are packed with leftists who know they will never suffer any penalty for ignoring the Constitution or the law, and who earn accolades from their peers for every new sophistry inserted into the law.

As long as that remains the case, there's little hope of any restoration of the Constitution via the courts.

The following is a depressingly accurate summary of what's going on:

https://quillette.com/2020/08/16/the-challenge-of-marxism/

[gnarledmaw]

(This post was not made by an attorney and as such the poster should be considered to be entirely full of $4!+)

Well, now that depends where you are. In WI a knife is a tool and does not become a weapon until you show that you intend to use it for criminal activity. Then not only is it a weapon, if you had in in a pocket or something, it becomes a concealed weapon and the DA can prosecute accordingly. I can carry a sharpened diving knife from my ancient GI Joe or I can carry a hand and a half sword. I can have it in a pocket or wear it on my belt. Its just a tool unless I show intent.

[gnarledmaw]

Which does what though? I can carry a thumb assist or a fixed blade and deploy it even faster. Balisongs are only scary to boomers that watched to much TV. Its no more real that a single bullet causing sudden aircraft decompression or a bullet tossing a human target 6 feet. Its nonsense, junk, things immature minds believe like a monster under the bed.