The US Ninth Circuit Court of Appeals struck down a law banning butterfly knives in the state of Hawaii based on constitutional protections for weapons ownership, according to a court opinion filed Monday
WASHINGTON (Pakistan Point News / Sputnik - 07th August, 2023) The US Ninth Circuit Court of Appeals struck down a law banning butterfly knives in the state of Hawaii based on constitutional protections for weapons ownership, according to a court opinion filed Monday.
"The panel held that possession of butterfly knives is conduct covered by the plain text of the Second Amendment. Bladed weapons facially constitute 'arms' within the meaning of the Second Amendment," the filing said. "The Constitution therefore presumptively guarantees keeping and bearing such instruments for self-defense."
The Second Amendment of the US Constitution guarantees the right of Americans to keep and bear arms. Butterfly knives are a type of knife in which the blade can be concealed between two folding handles.
Hawaii criminalized carrying butterfly knives in 1993, prompting two plaintiffs to sue the state to assert their right to purchase butterfly knives for self-defense, the filing said.
The appeals court found that the weapons are covered under the Second Amendment and that Hawaii's ban failed to comply with the United States' historical tradition of weapons regulation, the filing said.
The appeals court reversed an earlier district court decision in the case that ruled in favor of Hawaii and remanded it for further proceedings consistent with the higher court's opinion.
