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CA5: federal ban on interstate switchblade sales violates second amendment

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Opinion: link

From Judges Walker Elrod (G.W. Bush), Willett (Trump I), and Wilson (Trump I):

We determine that switchblade knives qualify as “Arms” and are covered by the “plain text” of the Second Amendment. Because the regulation implicates the amendment, the government bears the burden of establishing that the FSA comports with well-established principles of the Second Amendment and its regulatory tradition. The government fails to meet its burden. Specifically, the FSA’s restrictions on the introduction, manufacture, transportation, and distribution of switchblades fail step two’s “how” analysis.

The FSA addressed a perceived societal problem: the interstate flow of switchblade knives. In response, the FSA sought to ban this activity.…

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