Following the en banc Third Circuit’s landmark ruling that New Jersey’s “assault firearm” ban and its ban on magazines holding more than ten rounds both violate the Second Amendment Knife Rights has filed Notices of Supplemental Authority under Rule 28(j) in our Second Amendment challenges to the Federal Switchblade Act and Minnesota’s total ban on switchblades. That opinion lays out and applies the law as to arms bans perfectly, supporting Knife Rights’ arguments in its Second Amendment cases.
Written by Biden appointee Judge Arianna Freeman, the 10-5 opinion correctly applied the text-and-history test set forth by the U.S. Supreme Court in NYSRPA v. Bruen.
Beginning with the Second Amendment’s text, the court concluded that both semiautomatic firearms and magazines qualify as “Arms” protected by the Second Amendment: semiautomatic firearms because they are firearms, and magazines because they are necessary to operate many firearms. Likewise, knives and switchblades are undeniably “Arms” under the Second Amendment’s plain text.
This is good, and something I never expected to see given the recent court trends which seem to be upholding bans. Or maybe those are just the ones that make the news.
I had to look up the Notice of Supplemental Authority, as I am neither lawyer nor Holiday Inn patron. I can see how this does, in fact, bolster Knife Rights in future cases.
Read the whole thing at KnifeRights.org
3rd Cir: AR & Mag Bans Unconstitutional – Supports SWB Ban Challenges
Read the full article here