Hawaii butterfly knife ban violates Second Amendment

[Biggfoot44]

Doesn't MD have a similar ban?

Not exactly .

Under 4-101 , and caselaw thereof
, various items are Inherently Dangerous Weapons .

You are prohibited from concealing them , or carrying with intent to do Bad Things with them . But absent that criminal intent , you can Openly Carry your Butterfly Knife .

 

[bcr229]

It’s fiscally irresponsible. So stupid.

It's not like the petty tyrants are paying for the government's legal fees out of their own pockets.

 

[gtodave]

I blame movies from the late 70s into the 80s. Seems like every thug had a butterfly knife or a switchblade.

All those tricks you can do with them makes them extra killey.

Also, every gun store had rocket launchers and machine guns cash and carry or free for the taking.

I don't. I blame dumb-a$$ politicians who have to "do something" reactionary after watching a fictional movie.

Not exactly .

Under 4-101 , and caselaw thereof
, various items are Inherently Dangerous Weapons .

You are prohibited from concealing them , or carrying with intent to do Bad Things with them . But absent that criminal intent , you can Openly Carry your Butterfly Knife .

So if it's in your pocket (like almost all knives are) you are concealing it, and it is illegal.

 

[Biggfoot44]

I don't. I blame dumb-a$$ politicians who have to "do something" reactionary after watching a fictional movie.


So if it's in your pocket (like almost all knives are) you are concealing it, and it is illegal.

That's why my OTF is in a belt sheath .

 

[delaware_export]

She’s going en banc

will they go with the Bowie knife argument ?

 

[Inigoes]

Maybe they’re getting tired of being smacked down by SCOTUS

Asked and answered.

 

[Blacksmith101]

The Ninth Circuit En Banc has once again turned a Constitutionally correct decision into an incorrect ruling which will have to be corrected by the SCOTUS.

 

[press1280]

The Ninth Circuit En Banc has once again turned a Constitutionally correct decision into an incorrect ruling which will have to be corrected by the SCOTUS.

I think 4 boxes diner had a video on this saying that this could really backfire on them. This is such a bad hill for the 9th circus to die on. SCOTUS unanimously remanded the MA stun gun case, which IMO would be a harder call to make then a knife case.

 

[kcbrown]

I think 4 boxes diner had a video on this saying that this could really backfire on them. This is such a bad hill for the 9th circus to die on. SCOTUS unanimously remanded the MA stun gun case, which IMO would be a harder call to make then a knife case.

If SCOTUS simply remands and doesn’t decide the case on the merits then the 9th Circuit will just sit on it again, and then decide it in the same way again. Lather rinse repeat until SCOTUS decides it on the merits. And the 9th Circuit will do that with every 2nd Amendment case it has.

Think NAACP v Alabama.

The circuit courts know that there is no downside to them for defying Supreme Court precedent. They can simply decide these cases to generate the outcomes they want until the composition of the Supreme Court changes, at which point all of this precedent will change as well (leftists are not restrained by precedent at the circuit level so why in the world would you believe they’d feel restrained if they controlled the Supreme Court?). And since our side does feel restrained by prior precedent, our side will adhere to the precedent set by the leftists in the event we ever regain the Supreme Court after they’ve had it.

This is why there are two primary things of import here:

1. The Supreme Court is not merely the court of last resort for us, it’s the only court we can resort to for truly final disposition of any of our cases.

2. We cannot afford to lose the Supreme Court, ever. If we do, we permanently lose all 2nd Amendment precedent.


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