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Thread: Knives and the Second Amendment, David Kopel @ The Volokh Conspiracy

  1. #1
    Regular Member
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    Feb 2013
    Thru Death's Door in Wisconsin

    Knives and the Second Amendment, David Kopel @ The Volokh Conspiracy
    David Kopel • March 25, 2013 12:43 pm, That’s the title of my forthcoming article in the University of Michigan Journal of Law Reform. My co-authors are Clayton Cramer and Joe Olson. The abstract:
    This Article is the first scholarly analysis of knives and the Second Amendment. Knives are clearly among the “arms” which are protected by the Second Amendment. Under the Supreme Court’s standard in District of Columbia v. Heller, knives are Second Amendment “arms” because they are “typically possessed by law-abiding citizens for lawful purposes,” including self-defense.

    Bans of knives which open in a convenient way (bans on switchblades, gravity knives, and butterfly knives) are unconstitutional. Likewise unconstitutional are bans on folding knives which, after being opened, have a safety lock to prevent inadvertent closure.

    Prohibitions on the carrying of knives in general, or of particular knives, are unconstitutional. There is no knife which is more dangerous than a modern handgun; to the contrary, knives are much less dangerous. Therefore, restrictions on the carrying of handguns set the upper limit for restrictions on knife carrying.
    Wisconsin Statutes 941.24 Possession of switchblade knife.
    (1) Whoever manufactures, sells or offers to sell, transports, purchases, possesses or goes armed with any knife having a blade which opens by pressing a button, spring or other device in the handle or by gravity or by a thrust or movement is guilty of a Class A misdemeanor.
    Last edited by Nightmare; 03-26-2013 at 09:37 AM.

  2. #2
    Join Date
    Jan 2010
    Fairborn, Ohio, USA
    A study of the history of the 2A quickly reveals that the arms of which it speaks are the weapons typically used by an individual for civilian purposes (such as, but not limited to, hunting and personal protection), but that, in a pinch, can serve as one's personal military weapons. Such, in today's terms, would include rifles, shotguns, handguns, knives, and the like.

    The only reason I am not out there fighting for knife carry as part of the RKBA is that I am kinda busy working to remove infringements in the RKB handguns. However, there can be no question that the knife is also an arm protected by the 2A. Because of the focus of 2A groups on firearms, we have more successfully (but not fully) protected that right, while the RKB knives has suffered near-total infringement.

    It's a shame, but we have to prioritize our resources. It's still good. Once the Illinois case is upheld by the Supremes, the gun battle is all but won, with efforts now focused on shining the light of the Heller family of rulings on individual laws. That will leave more time, probably a single case, and a relatively simple argument, to get knives included in all three ruling.

    In the interim, I am wholly on the side of those who would fight for the RKB knives. I just have a different focus at the moment.

  3. #3
    Moderator / Administrator Grapeshot's Avatar
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    Quote Originally Posted by eye95 View Post
    --snipped-- I just have a different focus at the moment.
    As does this forum have a different focus.
    You will not rise to the occasion; you will fall back on your level of training. Archilochus, 650 BC

    Old and treacherous will beat young and skilled every time. Yata hey.

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