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Massachusetts Switchblade Ban Overturned on Second Amendment Grounds
Reason ^ | 9/2/24 | J.D. Tuccille

Posted on 09/02/2024 7:40:23 AM PDT by CFW

The Second Amendment to the United States Constitution undisputedly protects the individual right to own and carry firearms for self-defense, sport, and other uses. But the amendment actually says nothing about guns; it refers to "the right of the people to keep and bear Arms," of which firearms are just one example of what dictionaries define as "a means (such as a weapon) of offense or defense." In Massachusetts, last week, that resulted in a decision by the state's highest court striking down a law against switchblade knives.

Protected by the Second Amendment

"We conclude switchblades are not 'dangerous and unusual' weapons falling outside the protection of the Second Amendment," wrote Justice Serge Georges Jr. for the court in an opinion in Commonwealth v. Canjura that drew heavily on two landmark U.S. Supreme Court cases: Bruen (2022) and Heller (2008). The decision found the state's ban on switchblade knives unconstitutional and dismissed charges against the defendant.

(Excerpt) Read more at reason.com ...


TOPICS: Constitution/Conservatism; Front Page News; Government; US: Massachusetts
KEYWORDS: 2ndamendment; banglist; constitution; kniferights; knives; massachusetts
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Good ruling out of Massachusetts.
1 posted on 09/02/2024 7:40:23 AM PDT by CFW
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To: CFW

I think the massholes also banned simple locking knives.


2 posted on 09/02/2024 7:48:55 AM PDT by Sirius Lee (Trump/Vance 2024 or GFY)
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To: CFW

Maine got rid of switchblade laws in two steps. First, they said emergency personnel needed them to cut seatbelts off car crash victims while their other hand was occupied, say for example compressing a bleeding injury, and secondly because regular jackknives discriminated against disabled people who didn’t have two functioning hands to open the knives.

After a year or two they just made the things legal.


3 posted on 09/02/2024 7:59:18 AM PDT by Fido969
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To: CFW

https://eknives.com/blog/switchblades-legal-your-state-know-your-rights

State laws above

https://kniferights.org/resources/federal-switchblade-act/

Commonly referred to as the “Federal Switchblade Act,” it was passed by Congress on August 12, 1958, enacted as Public Law 85-623, an “act to prohibit the introduction, or manufacture for introduction, into interstate commerce of switchblade knives, and for other purposes.”


4 posted on 09/02/2024 7:59:35 AM PDT by PeterPrinciple (Thinking Caps are no longer being issued but there must be a warehouse full of them somewhere.)
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To: Sirius Lee
All five of the Judges on the Massuchusetts Supreme Court who were involved in this ruling were appointed by Republican Governor Charlie Baker, about as RINO a Republican as you can get... and yet, this positive result.

The two ultra far left judges on the court were appointed by Governor Maura Healy. They were appointed after this case started, so they were not involved.

5 posted on 09/02/2024 8:03:18 AM PDT by marktwain (The Republic is at risk. Resistance to the Democratic Party is Resistance to Tyranny. )
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To: Sirius Lee
switchblade

Can't overlook the "gateway drug".

6 posted on 09/02/2024 8:10:29 AM PDT by MikelTackNailer (When will the traitor hangings commence? I've got knitting to finish.)
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To: Sirius Lee
Switchblade were made generally illegal based on fears that gangs were using them in the 1950s. There were federal laws against interstate trading, and adjustments to those laws over the years, including allowance of assisted-open knives.

There are all kinds of weapons that fall under these laws. Brass knuckles, saps, slungshots, etc, that even if legally possessed can not be carried concealed, or with the intent of harming someone.

The laws vary from state to state. I know in Massachusetts you can't even carry mace without a permit. Tasers were banned in Mass until a court ruling in 2018, but you need a permit to have one. Some states banned the possession of ammo, so if you throw that box of .22s in the trunk, and a few fall into the spare tire well, you could be in big trouble driving through Mass or New York.

7 posted on 09/02/2024 8:10:54 AM PDT by Fido969
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To: CFW

Why bother banning them anyway. They’re flimsy nothings. Even Paul Hogan wasn’t impressed.


8 posted on 09/02/2024 8:15:29 AM PDT by Eleutheria5 (Every Goliath has his David. Child in need of a CGM system. https://gofund.me/6452dbf1. )
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To: CFW

I have a high end automatic knife that I rarely carry. In the People’s Republic of Maryland, the law is so vague it’s disgusting. It’s illegal to carry a switchblade with the intent to harm another person. How do you prove intent with something that’s in your pocket?


9 posted on 09/02/2024 8:18:47 AM PDT by cyclotic (Don’t be part of the problem. Be the entire problem)
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To: PeterPrinciple

As I read your second link, it is illegal to have a switchblade in your car if you simply drive through an Indian reservation, as in crossing Oklahoma from Missouri, even if it’s okay in Missouri.

I don’t understand why they prohibited Indian Reservations from having any switchblades.


10 posted on 09/02/2024 8:24:33 AM PDT by ConservativeMind (Trump: Befuddling Democrats, Republicans, and the Media for the benefit of the US and all mankind.)
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To: Eleutheria5

11 posted on 09/02/2024 8:50:26 AM PDT by BipolarBob (Yes, I backed over the vampire but I swear I didn't see it in my rear view mirror.)
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To: BipolarBob

I can’t believe they had someone actually throwing one in Warriors. You can’t throw something that lopsided and hit such a tiny object as a wrist. Maybe the state legislature saw Warriors and decided that we can’t have gangsters disarming other gangsters like Roy Rogers did. They might go nuts in a mall and throw switchblades at people.


12 posted on 09/02/2024 9:22:49 AM PDT by Eleutheria5 (Every Goliath has his David. Child in need of a CGM system. https://gofund.me/6452dbf1. )
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To: CFW

I have a couple of switchblades i bought at amazon for $9 each. They sell hundreds of them everyday; they call them spring-assisted folding knives.


13 posted on 09/02/2024 9:26:26 AM PDT by Diversity Is Our Weakness
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To: CFW

1887 Webster’s Dictionary: “bear v.t., carry, to bear, as to bear a sword.”


14 posted on 09/02/2024 9:32:39 AM PDT by bunkerhill7 (Don't shoot until you see the whites of their lies)
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To: BipolarBob

Personally I like The Fairbairn-Sykes fighting knife. A slimmed down version of the Arkan-saw Toothpick. Bought mine back in 1968 in Little Rock Ar. Maxie’s Pawn.

https://www.sportingoutbacksupplies.com.au/var/images/product/300.300/IMG_2339_1_1_1.jpg


15 posted on 09/02/2024 10:06:22 AM PDT by Ruy Dias de Bivar ( Government is not reason, it is not eloquence-it is force!--G. Washington)
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To: Diversity Is Our Weakness

“I have a couple of switchblades i bought at amazon for $9 each. They sell hundreds of them everyday; they call them spring-assisted folding knives.”


We have a few of the spring-assisted folding knives, along with several other types, here at our house as well. Hubby will buy one if we are somewhere and a knife with a neat design catches his eye. We figure the grandsons (and granddaughters as well) can argue over who gets which one once he and I are gone.


16 posted on 09/02/2024 10:19:23 AM PDT by CFW
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To: CFW

GOOD WAITING FOR OVERTURN OF ALL NJ’S CRACKPOT ANTI-WEAPONS LAWS.


17 posted on 09/02/2024 10:25:47 AM PDT by ZULU (Remember: ABBEY GATE, Kate Steinle, Joscelyn Nungary, Rachel Morin and Laken Riley. )
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To: CFW

How long before I can carry a broadsword?


18 posted on 09/02/2024 12:38:45 PM PDT by taxcontrol (The choice is clear - either live as a slave on your knees or die as a free citizen on your feet.)
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To: BipolarBob

Pretty sure that huge fixed-blade knife would be illegal to carry in NYC.


19 posted on 09/02/2024 2:40:09 PM PDT by Disambiguator
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To: CFW
As amended, still broad: (b) Whoever, except as provided by law, carries on his person, or carries on his person or under his control in a vehicle, any stiletto, dagger or a device or case which enables a knife with a locking blade to be drawn at a locked position,... https://www.mass.gov/info-details/mass-general-laws-c269-ss-10

Which would seem to cover a box cutter or even a plastic knife.

20 posted on 09/02/2024 9:27:57 PM PDT by daniel1212 (Turn 2 the Lord Jesus who saves damned+destitute sinners on His acct, believe, b baptized+follow HIM)
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