9th Circuit upholds California ban on switchblades in California lawsuit

"California is one of the last remaining states in the country that still bans individuals from carrying automatically opening knives, which are better known as switchblades. The state defines switchblades as knives with blades 2 inches or longer that open automatically by the flick of a button, flip of the wrist, pressure on the handle or by gravity. The organization Knife Rights and other plaintiffs filed a lawsuit in 2023 in San Diego federal court challenging California's switchblade prohibition."

"While the 9th Circuit judges ultimately came to the same conclusion as Simmons that California's switchblade ban does not violate the Constitution, they wrote in their opinion that their reasoning differed. The panel declined to rule on whether switchblades should be considered arms protected by the Second Amendment and ruled instead that California's prohibition can remain in place because there are a sufficient number of historically similar laws banning other types of knives and bladed weapons."

"Our holding today is narrow: Plaintiffs' facial challenge fails because they cannot establish that California's switchblade regulations are unconstitutional in every one of their applications, the panel wrote. Attorney John Dillon, who represents Knife Rights and the other plaintiffs, argued that Friday's ruling misconstrued the law. The Ninth Circuit's decision today is disappointing and contrary to the plain text of the Second Amendment and the clear guidance provided by the Supreme Court, Dillon said in a statement."

A three-judge panel from the Ninth U.S. Circuit Court of Appeals unanimously affirmed a San Diego judge's ruling that California's ban on switchblades does not violate the Second Amendment and can remain in place. California bans automatically opening knives defined as blades two inches or longer that open by button, wrist flip, pressure on the handle, or gravity. Knife Rights and others sued in 2023 challenging the prohibition. A district judge found switchblades dangerous, unusual, and not commonly used for self-defense. The Ninth Circuit agreed with the outcome but rested its decision on historical analogues and a narrow facial-challenge standard. Plaintiffs' attorney criticized the ruling.

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