Instead of a stocking filled with joy, Trump’s Department of Justice dumped lumps of coal in Knife Rights’ stocking with their disappointing response brief continuing their Biden-like anti-Second Amendment stance defending the unconstitutional Federal Switchblade Act. Despite the administration’s lukewarm Second Amendment support in some firearms cases, Trump’s DOJ still hasn’t got the memo that “shall not be infringed” means exactly that. This administration supports the Second Amendment with one hand but attempts to strip it with the other.
The DOJ under AG Bondi and the Civil Rights Division under Harmeet Dhillon exhibit all the signs of Multiple Personality Disorder. The administration wants the 2A community’s support and votes, but it is becoming increasingly clear that they are unwilling to follow up their claims of protecting the Second Amendment with consistent pro-2A action.
Read the DOJ Response Brief:
The government’s response consists largely of a historical justification under the Bruen standard centered around two claims. First, the tradition of prohibiting the carrying of concealed weapons somehow justifies the vastly broader prohibitions of the FSA.
Second, that the ‘relevant historical materials reveal a tradition of prohibiting the carrying of dangerous and unusual weapons.’ According to the Feds, the ‘defining feature’ of a switchblade is that the blade is concealed in the handle up until the moment that it is used.’ This concealability makes it ‘particularly susceptible to criminal misuse. Stop laughing! Yes, they really make that absurd claim.
Whatever fantasy world they are living in, reality says otherwise. The historical tradition of regulating the carrying of concealed weapons was insufficient to justify New York’s proper cause requirements under Bruen. There is no legitimate argument that these same regulations can justify the broad and sweeping ban of the FSA.
Further, the feds utterly fail to distinguish how a folded automatic knife is any different or more concealable than any other folding knife. In contrast, Plaintiffs offered overwhelming evidence that automatic knives are folding pocket knives that are no more dangerous or concealable than any other folding knife, including non-automatic one-hand opening folders. Finally, in response to Plaintiffs’ overwhelming evidence that switchblades are in common use (e.g., not both dangerous and unusual), the government, having no contradictory evidence, essentially asks the court to ignore the evidence.The government’s baseless claims are plainly ridiculous and meritless.
Plaintiff’s attorney John Dillon said, “It is genuinely absurd for the current administration to claim they support the Second Amendment while at the same time it argues in federal court that switchblades (a mere variation of a common pocket knife)–and a weapon the government admits are arms under the Second Amendment’s plain text–are not entitled to any protection under the Second Amendment. Any objective and proper application of the Heller/Bruen standard is determined in favor of Plaintiffs in this case.”
Our response brief will be due early next year. Our work is far from done. Your 2025 TAX-DEDUCTIBLE donation to the Knife Rights Foundation is very much needed to continue this fight for you and the next generation. Donate to the Foundation by midnight, December 31st for your 2025 deduction.
About Knife Rights
Since 2010 Knife Rights’ efforts have resulted in 58 bills & court decisions repealing knife bans & protecting knife owners in 36 states and over 200 cities and towns! Knife Rights is America’s grassroots knife owners’ organization; leading the fight to Rewrite Knife Law in America and forging a Sharper Future for all Americans .
