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August 8th, 2023, 02:37 AM #1
Ninth Circuit: Hawaii Butterfly Knife Ban Violates Second Amendment
Ninth Circuit: Hawaii Butterfly Knife Ban Violates Second Amendment
Jake Fogleman - August 7, 2023
https://thereload.com/ninth-circuit-...ond-amendment/
(Full Article at above link)
A total ban on butterfly knives is unconstitutional, a federal appeals court ruled Monday.
A three-judge panel for the Ninth Circuit Court of Appeals reversed a lower court ruling that upheld Hawaii*s complete ban on selling and possessing butterfly knives. It did so after finding that a categorical prohibition on the knives violates the Second Amendment because the state couldn*t justify the restriction under the test laid out in the Supreme Court*s New York State Rifle and Pistol Association v. Bruen decision.
*Because the possession of butterfly knives is conduct protected by the plain text of the Second Amendment, and because Hawaii has not demonstrated that its ban on butterfly knives is consistent with this Nation*s historical tradition of regulating arms, we conclude that section 134-53(a) violates Plaintiffs* Second Amendment rights,* Judge Carlos Bea, a George W. Bush appointee, wrote on behalf of the unanimous panel in Teter v. Lopez.
The ruling*s most immediate impact will be to allow residents of Hawaii to own butterfly knives, which have been a crime to manufacture, sell, and possess in the state since 1993. However, the reasoning used to arrive at the decision and the precedent it sets could soon impact other bans in states that are part of the circuit, including California, Oregon, and Washington. Four of the nine states in the jurisdiction currently ban so-called assault weapons, *large-capacity magazines,* or both.
Another result from the Bruen case . . . .
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August 10th, 2023, 08:01 PM #2Active Member
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