Recent rulings from two federal courts have extended Second Amendment protections to include switchblade knives and body armor, bringing renewed enthusiasm among advocates for gun rights as the Supreme Court gears up for significant deliberations on AR-15-style rifle bans.
The Fifth Circuit Court of Appeals ruled that a federal law limiting the interstate sale of switchblade knives is unconstitutional per the Second Amendment, while a judge in New York lifted the state’s restrictions on personal body armor. Both courts recognized these items as “arms” shielded by the Constitution.
These rulings come at a pivotal time as the Supreme Court prepares to address the case of Viramontes v. Cook County, which centers on whether AR-15-style rifles qualify as “arms” under the Second Amendment protections.
Dudley Brown, president of the National Association for Gun Rights, which submitted an amicus brief for the Viramontes case, believes a ruling against the AR-15 bans could set a precedent for future legal battles concerning the regulation of ammunition magazines, automatic knives, body armor, and other defensive tools.
Brown pointed out the significance of both rulings, suggesting they might ultimately be influenced by the Supreme Court’s decision in Viramontes.
These recent decisions rely on two major Supreme Court cases—District of Columbia v. Heller and New York State Rifle & Pistol Association v. Bruen—which greatly define the Second Amendment’s reach. The Heller decision established that individuals have the right to possess firearms for lawful activities, such as self-defense, and affirmed that the Second Amendment protects commonly used weapons while allowing for restrictions on those deemed “dangerous and unusual.”
The Heller ruling acknowledged that “arms” includes both offensive weaponry and defensive gear, although it didn’t directly address switchblades or body armor. The newer rulings, however, utilized this broader interpretation to classify these items as protected arms.
George Lyon, a lawyer specializing in Second Amendment issues, noted that in both cases, the governments failed to demonstrate a strong historical basis for the current restrictions imposed on switchblades and body armor.
In its decision, the Fifth Circuit found that switchblades are commonly recognized arms, referring to their historical use for self-defense and daily activities. The court criticized the government for not providing adequate historical precedent to justify the Federal Switchblade Act’s stringent restrictions.
Regarding the New York case, the state contended that body armor is merely accessory to firearms, not an “arm” under the Second Amendment. However, the judge dismissed this argument, underscoring that body armor fits within the historical definitions of arms acknowledged in Heller. The court determined that New York failed to substantiate its ban on civilian purchases with historical justification.
This reasoning could be pivotal in the Viramontes case, as the Supreme Court will need to ascertain if AR-15-style rifles are covered under the definition of arms recognized by Heller.
Lyon commented that if a proposed action is determined to fall within Second Amendment protections, any related regulation is presumed unconstitutional.
Looking ahead, the Supreme Court’s upcoming decision could clarify the debate surrounding AR-15-style rifles, which have been previously classified by lower courts as akin to machine guns—an interpretation Lyon believes to be incorrect.
The ongoing legal discourse about the definition of “arms” under the Second Amendment continues to evolve, reflecting broader societal changes. As Justin Davis from the NRA pointed out, the conversation also encompasses various self-defense tools, with judges and lawmakers working to navigate the landscape of rights in contemporary contexts.
Davis also noted that while some claim the Second Amendment only pertains to historical weapons like muskets, similar to how evolving mediums have redefined the application of the First Amendment, fundamental rights remain constant.
