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Swear on the Stand · Yesterday · 44 min

How the Second Amendment Saved Switchblades

In a recent Fifth Circuit decision, the court evaluated a Second Amendment challenge against the federal restrictions on switchblade knives. The judges determined that switchblades qualify as protected arms, meaning the government bears the burden of proving that the ban aligns with historical regulatory traditions. While the court concluded that the supply chain restrictions under Section 1242 are unconstitutional because the government failed to justify the manner of regulation, it rejected the facial challenge against Section 1243. Ultimately, the appellate court reversed the dismissal of the Section 1242 claim, affirmed the dismissal of the Section 1243 claim, and remanded the case for further proceedings.

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In a recent Fifth Circuit decision, the court evaluated a Second Amendment challenge against the federal restrictions on switchblade knives. The judges determined that switchblades qualify as protected arms, meaning the government bears the burden of proving that the ban aligns with historical regulatory traditions. While the court concluded that the supply chain restrictions under Section 1242 are unconstitutional because the government failed to justify the manner of regulation, it rejected the facial challenge against Section 1243. Ultimately, the appellate court reversed the dismissal of the Section 1242 claim, affirmed the dismissal of the Section 1243 claim, and remanded the case for further proceedings.