Massachusetts Supreme Court: Ban on Carrying Switchblades Violates the Second Amendment

 On July 3, 2020, Canjura was arrested, and during a search, a knife with a spring-assisted blade was found on him. He was charged with "carrying a dangerous weapon" among other offenses. However, Canjura challenged the constitutionality of the switchblade carry ban in a pretrial motion to dismiss .

Canjura argued that because a switchblade qualifies as an "arm," the prohibition on carrying one violated his Second Amendment right to bear arms for self-defense.

The Massachusetts Supreme Court considered Canjura’s motion in light of the U.S. Supreme Court’s decisions in District of Columbia v. Heller (2008) and New York State Rifle & Pistol Association Inc. v. Bruen (2022). They noted that the “central component” of the Second Amendment is the “inherent right of self-defense,” which guarantees the right for “all Americans” to carry commonly used arms in public, subject to reasonable and clearly defined restrictions.

The court acknowledged that, while the Heller and Bruen cases specifically dealt with handguns, Second Amendment protections extend beyond just firearms.

Focusing on Bruen's "two-part test," the Massachusetts Supreme Court determined that the Commonwealth did not identify any laws from the time of the founding or the ratification of the Fourteenth Amendment that regulated bladed weapons like folding pocketknives or switchblades.

They concluded that the Commonwealth had failed to demonstrate a historical tradition justifying the regulation of switchblade knives.

In their decision, the Massachusetts Supreme Court stated: “In this case, we are asked to decide whether the prohibition against carrying a switchblade knife violates the Second Amendment to the United States Constitution, in light of Bruen. We conclude that it does.”

AWR Hawkins is an award-winning Second Amendment columnist for Breitbart News and the writer/curator of Down Range with AWR Hawkins, a weekly newsletter focused on Second Amendment issues. He is also the political analyst for Armed American Radio, a member of Gun Owners of America, and the director of global marketing for Lone Star Hunts. Hawkins was a Visiting Fellow at the Russell Kirk Center for Cultural Renewal in 2010 and holds a Ph.D. in Military History.