The Ninth Circuit denied rehearing in our lawsuit challenging California’s switchblade ban on Second Amendment grounds. While disappointing, the denial was not a surprise. However, the order denying rehearing was accompanied by two scathing dissents that take the Ninth to task over their lack of respect for the Second Amendment and U.S. Supreme Court precedent. Together, they are a win of sorts for going forward with this case.
The three-judge appeals panel decision, which was narrow and procedural, upheld the Ninth Circuit opinion—not by finding switchblades were unprotected by the Second Amendment, and not by finding a historical tradition banning all carry of the knives, but by inappropriately segmenting California’s total ban into a concealed-carry restriction and then citing questionable historical laws prohibiting such carry as the means to justify the total ban.
I am not a lawyer, but have read many decisions relating to the Second Amendment. The dissents are fabulous.
” “Come hell or high water, Heller and Bruen, our court will find a way to uphold any weapons restriction that a liberal State can dream up.”” – Justice VanDyke
Read the whole thing at KnifeRights.org
Read the full article here