Fifth Circuit Rules Federal Switchblade Act Section 1242 Unconstitutional

Knife Magazine reports that a three-judge Fifth Circuit panel has held Section 1242 of the Federal Switchblade Act unconstitutional under the Second Amendment, in a post built mostly on Knife Rights' statement.

Key points

• Case: Knife Rights, Inc. v. Blanche. Applying the framework from New York State Rifle & Pistol Association v. Bruen, the court wrote, "we hold that the FSA is unconstitutional."
• What 1242 covers: Limits on making, shipping and distributing automatic knives across state lines.
• Reasoning, per Knife Rights: The panel found switchblades are protected arms, rejected the argument that they are not commonly used, and held that the right to keep arms covers acquiring them.
• Section 1243: Under the Salerno standard, the panel upheld dismissal of the facial challenge to this section, which covers switchblades in certain federal jurisdictions such as Indian country and U.S. territories. Knife Rights calls that an error and says an as-applied challenge is still possible.
• Status: The case returns to the district court. The post says the ruling is not yet in effect and the Justice Department could seek review.

Quick take

Knife Magazine digital editor H. Clay Aalders recalls Doug Ritter calling the act the "Brass Ring" in a 2014 Blade Show interview, and notes that while this is only the Fifth Circuit, they have never been closer. Knife Rights calls the decision a landmark win against a law enacted in 1958 and says it will keep challenging the remaining restrictions.

Read the full story at Knife Magazine.