New Mexico court rules switchblades not protected by the 2nd Amendment

Volokh ConspiracyThe statement that “knives … are themselves a peripheral subset of arms typically used for self-defense or security” seems to suggest that the court would have upheld knife bans even more broadly, including bans that are not limited to switchblades. For cases concluding that knives are substantially protected by the Second Amendment, see this post; in particular, State v. Delgado (Ore. 1984) held that switchblades are constitutionally protected by the Oregon Constitution’s “right to bear arms” provision — the New Mexico case expressly disagreed with Delgado on this.

The most important thing to know about this case for most of us, who don't carry switchblades in New Mexico, is that there appears to be a circuit split between the 9th and 10th federal districts on knife rights. That makes a Supreme Court ruling on the issue more likely.

This entry was published Thu Jan 29 09:10:11 CST 2015 by TriggerFinger and last updated 2015-01-26 02:01:15.0. [Tweet]

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