On September 26, 2025, the Second Amendment Law Center, along with the Second Amendment Foundation and the California Rifle & Pistol Association, filed an amicus curiae brief in the Ninth Circuit Court of Appeals, supporting Knife Rights, Inc. in its challenge to California's ban on switchblade knives. This case, Knife Rights, Inc. v. Bonta, questions the constitutionality of California Penal Code § 21510, which prohibits the possession, sale, or transfer of switchblade knives with blades longer than two inches.
Knife Rights, Inc., a nonprofit organization dedicated to defending and enhancing knife owners' rights, filed the lawsuit against California Attorney General Rob Bonta. The plaintiffs argue that the state's ban on switchblade knives infringes upon the Second Amendment right to keep and bear arms. The district court ruled against the plaintiffs, leading to the current appeal.
Our amicus brief presents several critical points:
1. Second Amendment Protections Extend to All Bearable Arms: The brief asserts that the Second Amendment's text and history protect all bearable arms, not just those in common use for self-defense.
2. "Common Use" Test Should Not Be a Threshold Requirement: The brief argues that the "common use" test, established in District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen, should not be used as a threshold to determine Second Amendment protections. Instead, it should be part of the historical analysis to assess whether a regulation is consistent with the nation's historical tradition of firearm regulation.
3. Switchblade Knives Are Commonly Possessed Arms: The brief highlights that switchblade knives are commonly possessed by law-abiding citizens for lawful purposes, including self-defense, and therefore should be protected under the Second Amendment.
4. Historical Analogues Are Inadequate to Justify the Ban: The brief contends that California's ban lacks a historical analogue in the nation's tradition of firearm regulation, making it unconstitutional under the Bruen framework.
The outcome of this case could have significant implications for Second Amendment jurisprudence, particularly concerning the scope of protected arms. A ruling in favor of Knife Rights, Inc. could affirm that the Second Amendment protects all bearable arms, not just those in common use for self-defense, thereby broadening the scope of Second Amendment protections.
The filing of this amicus brief underscores the importance of this case in defining the boundaries of Second Amendment protections. As the Ninth Circuit considers the arguments presented, the decision could set a precedent that influences how courts evaluate the constitutionality of laws regulating various types of arms in the future.
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