Knife Rights’ Opposition & Reply Brief Filed in Federal Switchblade Act Case

Knife Rights has filed a consolidated Opposition & Reply Brief to the Fed’s Motion for Dismissal and Opposition to our Motion for Summary Judgement in our federal lawsuit challenging the constitutionality of portions of the Federal Switchblade Act.

Click to read Plaintiffs’ Consolidated Opposition and Reply Brief

Click to read Plaintiff’s Declarations in Support of our Brief

In their own consolidated brief, the Feds spent the majority of pages challenging Plaintiffs’ standing in their effort to get the judge to dismiss the lawsuit, which is SOP for such litigation efforts. We were well prepared for this and responded in our Opposition that shredded their wholly off-point and inadequate brief on the motion to dismiss.

In our reply brief supporting our Motion for Summary Judgment,we showed the Court that the Feds applied the wrong standard of review under Bruen, crippling their arguments. Moreover, we highlighted the fact that the Feds offered no evidence whatsoever to rebut our arguments that automatically opening knives are “arms” protected by the plain text of the Second Amendment. The Feds also failed to provide evidence of any kind to contradict our contention that such knives are in common use and thus are not both “dangerous and unusual.” Finally, they offered patently insufficient evidence of any historical analogous laws or regulations that would justify the outright prohibitions under the FSA in accordance with Bruen.

That means they are stuck arguing in favor of keeping an unconstitutional law on the books that the DOJ originally opposed and which they say they haven’t enforced recently, but are unwilling to say they won’t enforce. Say, what?

The next step is their reply to our Opposition to their Motion to Dismiss. That is due January 5, 2024.

Stay tuned for the next installment of the Unconstitutional Federal Switchblade Act Chronicles™.

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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 44 bills passed repealing knife bans in 28 states and over 175 cities and towns since 2010.