Amicus Brief Argues Switchblades are Protected ‘Arms’ Under Bruen Framework
The Second Amendment Foundation (SAF), along with the California Rifle & Pistol Association and the Second Amendment Law Center, has filed an amicus curiae brief with the Ninth Circuit Court of Appeals, throwing its support behind plaintiffs-appellants in the case of Knife Rights, Inc. v. Bonta. The lawsuit directly challenges California’s long-standing prohibition on switchblades.
The Ninth Circuit specifically requested amicus briefs to address how the Supreme Court’s Bruen framework—which requires gun regulations to be justified by a historical tradition of restriction—applies to California’s switchblade ban.
“Our brief explains that switchblades are plainly ‘arms’ under the Second Amendment’s text, as they fit the Founding-era definitions of that term,” stated Kostas Moros, SAF Director of Legal Research and Education. Moros asserted that since the ban on these knives lacks a historical tradition of similar restrictions, the law “unconstitutionally disarms law-abiding citizens of a common tool.”
The legal filing contends that the Second Amendment’s plain text covers all bearable arms, including switchblades. Consequently, any governmental restriction must align with historical tradition, rather than relying on a “threshold inquiry” that improperly shifts the burden of proof away from the government.
The brief further argues that switchblades are in “common use” and are not “dangerous and unusual,” highlighting their widespread ownership and use by millions of Americans for lawful purposes, including self-defense. This common use, the groups argue, precludes them from being banned entirely.
Alan M. Gottlieb, SAF founder and Executive Vice President, underscored the significance of the case, saying it “tests whether lower courts will faithfully apply Bruen and Rahimi to protect all arms in common use, including knives that millions of Americans rely on for self-defense and other lawful purposes.” The outcome of the case could set an important precedent for the application of Second Amendment rights to tools and weapons beyond firearms.
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