Knife Rights’ federal lawsuit challenging the constitutionality of significant portions of the Federal Switchblade Act on Second Amendment grounds was dismissed because the named federal agencies- the U.S. Attorney General and Department of Justice-declared they do not enforce the Act, and haven’t done so since 2010, and the U.S. District Court for the Northern District of Texas opined that the Act is a moribund (dying/obsolescent) statute with no “credible threat of future enforcement.”
Knife Rights Chairman Doug Ritter said that, “sometimes, an unexpected setback can actually create a win of sorts, but that’s not the end of it by a long shot.”
John Dillon, lawyer for Knife Rights added that, “Yesterday, the Court unexpectedly dismissed our Second Amendment challenge to the Federal Switchblade Act on standing grounds, believing that the federal agencies have abandoned enforcement of the Act. But, have they?”
Ritter noted that the Court’s “claiming that the Federal Switchblade Act is a dead letter, when the ban is still ‘on the books’ may be reassuring to some, but it is a bizarre conclusion. Nothing prevents the federal government from changing course and initiating enforcement and prosecutions in the future, despite court findings of no ‘credible threat of future enforcement.’”
The federal agencies had the option of taking judgment (as the City of Philadelphia did last year in our lawsuit) or making a settlement offer, which would have disposed of the law for all time and assured no future prosecutions of U.S. manufacturers and knifemakers, but they chose not to do that. Instead, they tried to sidestep the issue by declaring under oath that the Federal Knife Ban is not enforced…as of today. The Court, not the AG or the DOJ, came to the conclusion that it wouldn’t be enforced in the future. That’s no guarantee at all.
Knife Rights does not agree with the court decision, and firmly believes that the interstate commerce ban in the Act remains unconstitutional under the Second Amendment (the import ban was not addressed in the lawsuit or decision). Longtime supporters will recall that we won an appeal on a similar standing issue dismissal in our case against New York City over the city’s abuse of New York’s gravity knife ban (since repealed).
We have a few weeks to decide on our next course of action, and yesterday’s decision will not stop us from protecting its members against enforcement or prosecution of the Federal Switchblade Act going forward. If anyone is arrested or threatened with prosecution under the Federal Switchblade Act, please contact Knife Rights immediately.
Click here to read the judge’s decision.
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About Knife Rights
Knife Rights is America’s grassroots knife owners’ organization; leading the fight to Rewrite Knife Law in America™ and forging a Sharper Future for all Americans™. Knife Rights efforts have resulted in 49 bills passed repealing knife bans in 31 states and over 200 cities and towns since 2010.
how many people are already behind bars because they broke the same laws biden did. they will need to be released and paid for false convictions. gonna cost many millions if the pedo’s kid walks.
I think they already have their out. O’biden says he will not pardon his son if convicted. I don’t think he would say that if he didn’t already know he is going to skate.
True but he has said nothing and no one has asked about commuting any sentence if Hunter is found guilty.
I’m pretty sure he will not get the same sentence you or I would get and I especially wouldn’t want what Trump would get.
Judges use a sliding scale min to max. Hunter will be seen as a victim of drugs, which is true, and he’ll get the min sentence, which will be commuted by the Big Man. If it were a person with last name Trump, or any other normal American, judge would probably lean 2/3 to max end of the scale.
Correct. the media purposely stayed away from that question because the media was told to stay away from that question. Hunter will be found guilty, sentenced, and then it will be commuted as time served. The commie potus then gets to say he stuck to his word of no pardon for Hunter, at least not now during election time. It’s really no different than what Hitler had done, commit crimes that go without punishment until The People decided to stand up and took action. There’s no escaping it, history does repeat itself.
This is absolute BS. They know it’s unconstitutional. They just want to keep it around to use as selective enforcement against us “undesirables”. They’ll tac it on as an added charge to make someone a felon or to increase prison time and/or fees.
Today they are making all laws that a republican supports into a felony so they have an excuse to not let you have anything to protect yourself. De-weaponize the public and support letting criminals go. That will eventually give them what they need to get people to support a new, no gun law in America like New Zeeland and Australia and install that government police force that Obummer wanted so bad and the NWO blue hats O’biDUMB wants today. It’s all part of the plan for the richest 1 percent in the world, to run the world via money and… Read more »