Ninth Circuit: Bladed Weapons are Protected by the Second Amendment

by
Steve MacDonald

The People’s Republic of Hawaii is a beautiful place populated primarily by progressives. An odd place for people obsessed with sea level rise.  They are big on taxing (HI has the second highest total tax burden in the US) and banning things which can get taxing as well.

Trying to keep track of the rules and prohibitions is exhausting, especially when the public school system is proving less capable than ever of teaching kids to read and write. It’s enough to make you angry and violent, which is why Hawaii wants to ban weapons. They don’t want the people they’ve let down to take it out on them. Blame it on random white men (just not the tourists, please they need those) or Republicans if you can find one.

Whoever you blame, Hawaii has a crime problem. Property crime is higher than the US average across the board (burglary, theft, and motor vehicle theft).

Hawaii has 44 crimes per square mile. For comparison, gun/knife-crazy New Hampshire has four. Hawaii also has four times as many property crimes as the Granite State and nearly double the violent crime.

That’s probably because Hawaii bans butterfly knives (In Hawaii, it is a misdemeanor knowingly to manufacture, sell, transfer, transport, or possess a butterfly knife—no exceptions. Haw. Rev. Stat. § 134-53(a).). Two locals, who felt a strong need to carry these knives for protection (from what, you say!), challenged the law, which the local district court upheld, but a 3-panel verdict of the Ninth Circuit overturned that and remanded it back to the District Court.

 

The panel determined that plaintiffs had standing to challenge § 134-53(a) because they alleged that the Second Amendment provides them with a legally protected interest to purchase butterfly knives, and but for section 134-53(a), they would do so within Hawaii. Plaintiffs further articulated a concrete plan to violate the law, and Hawaii’s history of prosecution under its butterfly ban was good evidence of a credible threat of enforcement.

The panel denied Hawaii’s request to remand this case for further factual or historical development in light of New York State Rifle & Pistol Ass’n, Inc. v. Bruen, 142 S. Ct. 2111 (2022), determining that further development of the adjudicative facts was unnecessary. The panel held that possession of butterfly knives is conduct covered by the plain text of the Second Amendment. Bladed weapons facially constitute “arms” within the meaning of the Second Amendment, and contemporaneous sources confirm that at the time of the adoption of the Second Amendment, the term “arms” was understood as generally extending to bladed weapons and by necessity, butterfly knives. The Constitution, therefore presumptively guarantees keeping and bearing such instruments for self-defense.

 

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HT | Breitbart

Author

  • Steve MacDonald

    Steve is a long-time New Hampshire resident, blogger, and a member of the Board of directors of The 603 Alliance. He is the owner of Grok Media LLC and the Managing Editor of GraniteGrok.com, a former board member of the Republican Liberty Caucus of New Hampshire, and a past contributor to the Franklin Center for Public Policy.

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