Now that the Supreme Court has overturned most state restrictions on carrying concealed firearms in public, the next target could be California’s ban on carrying switchblade knives, which open at the flick of a switch or the push of a button.
Since 1957, the state has prohibited publicly carrying or selling switchblade knives with blades 2 inches or longer, with criminal penalties of up to six months in jail and a $1,000 fine. The 9th U.S. Circuit Court of Appeals previously rejected a challenge by an advocacy group called Knife Rights and made that ruling final Thursday.
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“Perhaps no tool has been more important to man’s survival than the knife,” wrote Judge Eric Tung, an appointee of President Donald Trump, in an opinion dissenting from the court’s refusal to reconsider its ruling.
He contended the court was violating self-defense standards declared by the Supreme Court in a momentous 2022 ruling, New York State Rifle & Pistol Association v. Bruen, in which Justice Clarence Thomas said any government restriction on gun possession must be “consistent with this nation’s historical tradition of firearms regulation,” dating back to the country’s founding.
“California prohibits any law-abiding citizen from carrying a tool that has been used and carried for hundreds of years,” Tung said, and there appears to be “no historical tradition of totally banning the public carrying of knives (including switchblades).”
Tung was joined by Judges Consuelo Callahan, Ryan D. Nelson, Daniel P. Collins, Kenneth K. Lee, Daniel Bress, Patrick Bumatay and Lawrence VanDyke. In a separate opinion, VanDyke — whose dissent from another firearms ruling last year included a video showing him handling guns in his chambers — said the case showed that “our court will find a way to uphold any weapons restriction that a liberal State can dream up.”




