Switchblades as Protected Arms

 Knife Rights v. Blanche (5th Cir. 2026):

This case presents a Second Amendment challenge to the Federal Switchblade Act (FSA)’s restrictions on switchblade knives. Applying the framework articulated in New York State Rifle & Pistol Association, Inc. v. Bruen, we hold that the FSA is unconstitutional. 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 plaintiffs, however, fail to satisfy the stringent requirements for mounting a facial challenge to § 1243.

 Accordingly, we conclude that this regulation violates the Second Amendment. We REVERSE the district court’s grant of the government’s motion to dismiss as to the § 1242 claim. We AFFIRM the district court’s dismissal of the § 1243 claim, and we REMAND for further proceedings.

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