Key facts
- Federal Switchblade Act ban on interstate switchblade sales ruled unconstitutional.
- Ruling based on Second Amendment and historical arms regulation.
- Switchblades considered "arms" protected for self-defense.
- Ban inconsistent with 18th-century regulation of weapons.
- Provision restricting switchblades in US territories and tribal lands upheld.
A federal appeals court has ruled that a US law banning the manufacturing of switchblades for sale or distribution across state lines is unconstitutional, violating the Second Amendment. The New Orleans-based 5th US Circuit Court of Appeals stated that the ban, enacted in 1958, is inconsistent with the nation's historical tradition of regulating arms. Judge Jennifer Walker Elrod wrote that knives have been used for defense throughout history, including at the American founding, and switchblades constitute "arms" protected by the Second Amendment for self-defense. The court found that the Justice Department failed to point to any historical statute similar to the federal ban. The ruling is a victory for the advocacy group Knife Rights, which argued that the Second Amendment protects knives as well as firearms. However, the court upheld a separate provision restricting the sale and possession of switchblades in US territories and on tribal land.