It’s been 16 months of preliminary procedural matters since Knife Rights filed its federal lawsuit challenging Minnesota’s complete ban on switchblades (automatically opening knives). We are finally entering the actual motions phase. The state of Minnesota has filed its Motion for Summary Judgment.
In its motion for summary judgment, Minnesota argues that the switchblade ban is constitutional because switchblades allegedly fall outside the Second Amendment’s protection. It claims they are not in “common use for self-defense,” and are supposedly analogous to historical weapons regulations.
The State contends that Plaintiffs bear the burden of proving commonality and suitability for self-defense under the Second Amendment’s plain text, while asserting that modern switchblade bans are consistent with historical traditions of regulating “dangerous” weapons.
However, the State’s additional conditions and qualifications appear nowhere in the text of the Second Amendment. In doing so, the State attempts to narrow the scope of Heller and Bruen, urging the Court to adopt a framework that would allow legislatures to prohibit entire categories of arms based on policy judgments rather than historical analogues grounded in the founding era. The Supreme Court in Bruen explicitly rejected that approach, and we believe the Constitution’s text and history make clear that Minnesota’s switchblade ban cannot stand.
Plaintiffs’ attorney John Dillon said, “Minnesota’s motion turns the Supreme Court’s Second Amendment framework on its head. It asks the Court to place the entire burden on citizens while redefining the historical test the Supreme Court established in Bruen.”
Knife Rights Chairman Doug Ritter said, “Minnesota seems to have copied California’s approach in arguing that switchblades are not arms protected by the Second Amendment because they are ‘not commonly used for self-defense.’ The best polite description of that is what comes out of the south end of a northbound bull. Their indefensible position is not unexpected and we will continue the fight.”
Knife Rights’ Opening Motion for Summary Judgement and Response Brief is due on March 20th.
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Since 2010 Knife Rights’ efforts have resulted in 58 bills & court decisions repealing knife bans & protecting knife owners in 36 states and over 200 cities and towns! 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™.