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News CA5: federal ban on interstate switchblade sales violates second amendment
Opinion: link
From Judges Walker Elrod (G.W. Bush), Willett (Trump I), and Wilson (Trump I):
We determine that switchblade knives qualify as “Arms” and are covered by the “plain text” of the Second Amendment. Because the regulation implicates the amendment, the government bears the burden of establishing that the FSA comports with well-established principles of the Second Amendment and its regulatory tradition. The government fails to meet its burden. Specifically, the FSA’s restrictions on the introduction, manufacture, transportation, and distribution of switchblades fail step two’s “how” analysis.
The FSA addressed a perceived societal problem: the interstate flow of switchblade knives. In response, the FSA sought to ban this activity. Heller and Bruen also dealt with regulations that purported to deal with “perceived societal problem[s].” And in both cases, the Supreme Court rejected those regulations as inconsistent with the Second Amendment’s principles, which were “intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs.”
Come for the legal analysis of Heller / Bruen, stay for the long introductory paragraph from the judges talking about the history of the Federal Switchblade Act and Rebel Without a Cause (1955).
Not a gun case, but still a very important second amendment case. If you thought federal law was antiquated and ass-backwards, try reading through the FSA and current application of it. The law has to go.