MASS Switchblade Ban Overturned on Second Amendment Grounds

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MASS Switchblade Ban Overturned on Second Amendment Grounds

Postby jdege on Mon Sep 02, 2024 9:01 am

https://reason.com/2024/09/02/massachusetts-switchblade-ban-overturned-on-second-amendment-grounds/
Massachusetts Switchblade Ban Overturned on Second Amendment Grounds
The Second Amendment doesn’t protect guns; it protects the human right to self-defense.
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.
Last edited by jdege on Tue Sep 03, 2024 7:09 am, edited 1 time in total.
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Re: MASs Switchblade Ban Overturned on Second Amendment Grounds

Postby Lumpy on Mon Sep 02, 2024 10:10 pm

It's a start, but a wide variety of sharp and pointy things remain banned in Massachusetts. While referencing the Bruen decision, the main argument was that there was no functional difference from a standard knife justifying a ban on spring-loaded knives as "dangerous and unusual". My prediction is that I won't live long enough to see all of MA's bans struck down one item at a time.
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Re: MASS Switchblade Ban Overturned on Second Amendment Grounds

Postby Sorcerer on Tue Sep 03, 2024 12:56 pm

I’m waiting to see what becomes of my framing hammer. That extends my reach by 16”.
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