Skip to comments.Knives and the Second Amendment
Posted on 03/25/2013 12:05:17 PM PDT by marktwain
Thats 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 Courts 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.
The Article is just the beginning of long overdue scholarly analysis of laws about knives. Not all households own firearms, but almost every household owns a knife, even if we do not count table knives. Issues involving knife carrying come up quite frequently in state criminal courts, but the legal academy has thus far failed to provide the courts with useful guidance. Persons who are interested in writing on Second Amendment issues, and who wish to make an original contribution, will find that there is plenty to write about.
Source, The Volokh Conspiracy
Thanks for that information!
"A bayonet (from French baïonnette) is a knife, sword, or spike-shaped weapon designed to fit in, on, over or underneath the muzzle of a rifle, musket or similar ..."
A bayonet is part of a rifle.- gimme a break
The British bayoneted Americans on Bunker Hill. The bayonets were attached to their FIREARMs- ' Gimme a break.
In close combat situations, I feel the knife will be as much of a deterrent as the pistol. Example: In an elevator. Having a pistol could be a disadvantage.
I'll never give up either but would rather use the knife. It opens fast, is 8" when open and always has a very serious edge on it.
Suppose someone comes at you with a banana...
Suppose he’s got a bunch.
Triangular blades are very good against chain mail. Pries the little links right open.
Weird. I was just discussing this with my daughter in the car this morning. I told her I have no problem with Sikhs carrying their Kirpans. Then I said the rest of us should be allowed to carry knives or swords or whatever. :)
Actually here in Iowa you can legally carry a switchblade knife if you have a permit to carry a gun. I have such a permit and I am currently carrying a very nice Italian switchblade in my back pocket right next to my wallet.
Brass knuckles are also legal to carry with a permit.
Curiously, knives are covered under the Idaho concealed weapons legislation going back to the olden days. You can’t carry a “dirk” into “a mining camp”. I suppose you still can’t. Legally.
That’s interesting. Shouldn’t have to have a permit to exercise one’s 2nd Amendment rights but that’s another issue. I was looking at some very nice very expensive OTF (out of the front) automatic knives on the web recently. They only sell to LE and the military.
The Texas court system ruled in the 1870s that only blades as such that are used by the military would be protected by the Second Amendment. Bayonets and sabers were permissible, daggers, sword-canes, and so on were not. Of course, that’s only a state ruling, not federal, and predates any modern rulings.
“Bans of knives which open in a convenient way (bans on switchblades, gravity knives, and butterfly knives) are unconstitutional.”
I gave my oldest sons shot guns when they were 12 and 13 respectively, knives when they were about 10. That was nearly 30 years ago, now I have a 13 year old son and gave him a pocket knife a couple of years ago but he dare not carry it to school.
I’d give him a shot gun too but we live where there’s no where near that’s convenient to shoot it. I may buy him one anyway.
My two boys, 13 and 16 have about 70 knives between them. I’ve got at least a half dozen, including a really cool one a friend just gave me.
I rarely venture out with a tool in my pocket.
I agree totally about the permit to exercise a right.
I currently own 18 various switchblades. Some are traditional, one is an out the front, a few are very hard to come by. You can find them for sale at many of the gun shows around here. Check your local gun shows and see if there are any for sale there. I have a couple of friends who sell knives at the gun shows and one gets his hands on all of the various models. Even those that are supposed to only go to law enforcement. I bought one off of him a number of years back that was made only for the Navy Seals. It is a big brute with no markings. Completely sterile so that it can’t be traced back to country of origin.
Check out some of the on line knife auctions and you’ll find some of the ones you are talking about.
Thanks for the tips on how to find them. I should probably be practical and look for a new quality fixed blade knife. Practical isn't that much fun though.