At the request of the Ninth Circuit, amicus (Friend of the Court) briefs have now been filed in Knife Rights’ appeal of the absurd District Court decision in Knife Rights’ lawsuit challenging California’s ban on switchblade (automatic) knives with a blade 2-inches and greater on Second Amendment grounds.
The issues the Court requested guidance on in the post-Bruen era are:
a. Does a Court assess whether a weapon is “dangerous and unusual” under Bruen’s “step one… threshold inquiry” or “step two” historical inquiry?
b. Whether and to what extent this language is related to the “in common use” language?
c. What is the proper understanding and application of the “dangerous and unusual” language?
These post-Bruen Second Amendment decision issues have been briefed numerous times by both sides in the generally anti-2A Ninth Circuit, so the request came as a surprise.
At the Court’s appointment, the notoriously anti-Second Amendment William Taylor/Everytown for Gun Safety as well as Giffords Law Center to Prevent Gun Violence and Brady Center to Prevent Gun Violence, submitted briefs that attempt to twist, mangle, and distort post-Bruen Second Amendment jurisprudence on these issues in an effort persuade the Court to sidestep the Supreme Court’s clear guidance in Bruen.
Erin Murphy of Clement & Murphy, appointed by the Court, Firearms Policy Coalition, National Rifle Association, National Shooting Sports Foundation, Second Amendment Foundation, California Rifle & Pistol Association and Second Amendment Law Center submitted amicus briefs that support Knife Rights’ appeal and the Supreme Court’s clear guidance on these issues. You can read all the briefs at the links below.
- Amicus Brief of William Taylor/Everytown for Gun Safety
- Amicus Brief of Giffords and Brady
- Amicus Brief by Erin Murphy
- Amicus Brief of the NRA and NSSF
- Amicus Brief of Second Amendment Foundation, et al
- Amicus Brief of Firearms Policy Coalition
Knife Rights’ Attorney John Dillon noted, “this issue has already been settled by Supreme Court precedent. I hope the Ninth Circuit’s request for briefing on this issue will result in the Court correctly applying Heller’s common use test when reviewing the constitutionality of arms bans. California’s ban on switchblade knives is unconstitutional. These are clearly arms protected by the Second Amendment, and the district court has already ruled that the State of California failed to meet its burden justifying the ban under Bruen.”
Oral Argument in this appeal is scheduled for October 10th at 10:00 AM PDT (10/10 at 10 AM) and can be viewed live here.
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 .
