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U.S. Constitution Title: N.M. court upholds ban on switchblades, suggests broader knife bans might be constitutional, too. N.M. court upholds ban on switchblades, suggests broader knife bans might be constitutional, too
Viewed from any approach, the switchblade statute is a modest infringement. Because Section 30–7–8 bans only a small subset of knives, which are themselves a peripheral subset of arms typically used for self-defense or security, the statute effects an unsubstantial burden on the right to keep and bear arms. Cf. Heller I, 554 U.S. at 629 (“[T]he American people have considered the handgun to be the quintessential self-defense weapon…. [H]andguns are the most popular weapon chosen by Americans for self-defense in the home[.]”). And switchblades are designed for uses that are remote from the core of the right to keep and bear arms. Cf. id. at 635 (“[The Second Amendment] elevates above all other interests the right of law-abiding, responsible citizens to use arms in defense of hearth and home.”). Switchblades are specifically “designed for quick use in a knife fight.” “[T]hey are more readily concealable [than regular knives] and hence more suitable for criminal use.” Congress passed a statute in 1958, still in effect, that prohibits the transportation or distribution of switchblade knives in interstate commerce and possession within territories of the United States. The need for this law was “[t]he problem of the use of switchblade and other quick-opening knives for criminal purposes[.]” Eugene Volokh teaches free speech law, religious freedom law, church-state relations law, a First Amendment Amicus Brief Clinic, and tort law, at UCLA School of Law, where he has also often taught copyright law, criminal law, and a seminar on firearms regulation policy. Poster Comment: What's next, concealed carry laws for knives? Post Comment Private Reply Ignore Thread Top • Page Up • Full Thread • Page Down • Bottom/Latest What's next, concealed carry laws for knives? Ssh, don't give them any more ideas.
#2. To: tpaine (#0) They could try to ban the bow and arrow next.
#3. To: Logsplitter (#2) I have a better idea why don't they ban themselves, since they are trying to abort themselves out of existence. “Political correctness is a doctrine, fostered by a delusional, illogical minority, and rapidly promoted by mainstream media, which holds forth the proposition that it is entirely possible to pick up a turd by the clean end.†#4. To: BobCeleste, Y'ALL (#1) Ssh, don't give them any more ideas. As if they needed any. The authoritarians of both the left and the right are infesting the USA, and this site.
#5. To: tpaine (#0) N.M. court upholds ban on switchblades, suggests broader knife bans might be constitutional, too How ignorant. In my 20 years of LE, I've never arrested anyone for using or menacing with a switchblade. I've arrested more people for stabbing their spouse with a fork than I've arrested for a switchblade. Too many folks have been watching West Side Story. Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy #6. To: GrandIsland, Y'ALL (#5) N.M. court upholds ban on switchblades, suggests broader knife bans might be constitutional, too It's,far more than ignorant. -- In the words of a true ignoramus that palms himself off here as a conservative, it's unconstumitutional!
#7. To: tpaine (#6) it's unconstumitutional! This must be why you've never been appointed to the USSC, as a justice. You're all too wise. lol Every society gets the kind of criminal it deserves. What is equally true is that every community gets the kind of law enforcement it insists on. Robert Kennedy #8. To: GrandIsland (#7) it's unconstumitutional! This must be why you've never been appointed to the USSC, as a justice. You're all too wise. I borrowed that idiotic word from a friend of yours to illustrate my point. In a real sense, you're laughing out loud at him. --- Thanks..
#9. To: tpaine (#4) The authoritarians of both the left and the right are infesting the USA, and this site. The prince of this world is in it's hay day.
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