Posted on 03/25/2013 12:05:17 PM PDT by marktwain
That’s the title of my forthcoming article in the University of Michigan Journal of Law Reform. My co-authors are Clayton Cramer and Joe Olson. The abstract:
This Article is the first scholarly analysis of knives and the Second Amendment. Knives are clearly among the “arms” which are protected by the Second Amendment. Under the Supreme Court’s standard in District of Columbia v. Heller, knives are Second Amendment “arms” because they are “typically possessed by law-abiding citizens for lawful purposes,” including self-defense.Bans of knives which open in a convenient way (bans on switchblades, gravity knives, and butterfly knives) are unconstitutional. Likewise unconstitutional are bans on folding knives which, after being opened, have a safety lock to prevent inadvertent closure.
Prohibitions on the carrying of knives in general, or of particular knives, are unconstitutional. There is no knife which is more dangerous than a modern handgun; to the contrary, knives are much less dangerous. Therefore, restrictions on the carrying of handguns set the upper limit for restrictions on knife carrying.
The Article is just the beginning of long overdue scholarly analysis of laws about knives. Not all households own firearms, but almost every household owns a knife, even if we do not count table knives. Issues involving knife carrying come up quite frequently in state criminal courts, but the legal academy has thus far failed to provide the courts with useful guidance. Persons who are interested in writing on Second Amendment issues, and who wish to make an original contribution, will find that there is plenty to write about.
What about pointed sticks?
United Kingdom
The 1689 Bill of Rights ensured that only Parliament and not the King could restrict the right of the people to bear arms. Over the last 60 years, Parliament has enacted a series of increasingly restrictive laws and acts regarding the possession and use of knives and bladed tools. The United Kingdom (to include England, Scotland, Wales, and Northern Ireland) has one of the most comprehensive set of laws of any developed nation governing an individual’s right to import, purchase, possess, sell, and carry knives.[34]
What about pointed sticks?
If they are weapons, and can be carried, I believe they should be covered.
I recall an old Arizona Supreme Court decision, though, that claimed that nun-chucks were not military issue, and therefore were not covered by the Constitution.
i wouldn’t mind carrying a “revolutionary” era knife. a knife with a 4-6” fixed blade is much more utile than a 3” folder.
So “keep and bear arms” means I can go out with one of my swords on my belt?
AWESOME!!!!
One more thing cops are allowed to have but "civilians" are not.
I thought the Second Amendment covered weapons customarily used by the military.
Wasn’t that the argument used back in 1939 to justify lawas against sawed off shot-guns and silencers?
Don’t get me wrong - I love knives - and swords also.
1887 Webster`s Dictionary:
“to bear, bear v.t., “
“1. to support and move; or carry
2. To be equipped, furnished, or marked with;
to have as belonging, distinguishing, identifying, or characterizing; as to bear a sword,
Hard to see how it does *not* mean that. It would be an excellent test case.
The “Miller” case explicitly said that arms in common use by the military were protected.
The “Heller” decision expanded that, and said arms commonly available and useful for self defense were included.
The “McDonald” decision said that the protections of the Second Amendment applied to both the federal and state governments.
If they are weapons that could be used in either personal or National defense... They are covered.
Keep and Bear are two separate Rights relating to armaments. Just as with the 1st Amendment having a Right to your own religion and a right to freedom of speech.
When was the McDonald decision rendered?
I have to cut these back every year and using a pruner to do that takes a long time and it's heavy to hold up there. Some chops with a machete should get rid of those very thin limbs quickly.
But now, are you telling me knives could be outlawed? And would that include machetes? I mean, you could whack off the head of a zombie with one of these and still stay almost two feet away from the zombie. :o)
Will law abiding citizens have to go through a background check to buy a machete so the government would know I had one and where I live? Is the government going to check my long pants to see if I have a machete hidden in my pants? :o)
I already have a major brand “assault” knife, the up and personal type that folds and flips out but right now I don't know where it is. Some work had to be done in my downstairs and that knife got moved to somewhere. Will the government say I have hidden that knife so they can't find it? :o)
Hussein and his rules and laws are so unconstitutional - I'm not giving up my guns, my ammo, my assault knife I can't find, or that machete when I get that.
And if anyone tries to get in my house, besides my guns, I will have a machete to chop off the head of the bad guy after I shoot him to make sure he's not getting up again. Now that drastic action would be in the case of a SHTF condition. :o)
When was the McDonald decision rendered?
June 28th, 2010
https://en.wikipedia.org/wiki/McDonald_v._Chicago
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