Hawaii butterfly knife ban violates Second Amendment

[Inigoes]

The 9th circuit finally got one right!

https://www.courthousenews.com/ninth-circuit-rules-hawaii-butterfly-knife-ban-violates-second-amendment/

 

[swinokur]

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

 

[babalou]

9th circuit to SCOTUS... Please, sir.. can I have another?

 

[gtodave]

Just setting themselves up for "Well since you can carry a knife, you don't need to carry a gun!"

Doesn't MD have a similar ban?

 

[Biggfoot44]

Doesn't MD have a similar ban?

No .

Such knives ( with medium degree of vagueness ) are called out in 4-101 as being Presumptive " Dangerous Weapons "

They may not be carried with Intent ( case law is ambivalent between:" commit violence " and " commit a crime " .

Such Dangerous Weapons may be carried Openly by anyone not having Evil Intent , or Concealed by W&C holders .

 

[TheBert]

No .

Such knives ( with medium degree of vagueness ) are called out in 4-101 as being Presumptive " Dangerous Weapons "

They may not be carried with Intent ( case law is ambivalent between:" commit violence " and " commit a crime " .

Such Dangerous Weapons may be carried Openly by anyone not having Evil Intent , or Concealed by W&C holders .

Aren't all "arms" presumptive "Dangerous Weapons?"

 

[Michigander08]

Delaware bans gravity knife. Not sure what's that all about. It's just stupid law makers making stupid laws.

 

[Biggfoot44]

Aren't all "arms" presumptive "Dangerous Weapons?"

No .

Anything can be a Dangerous Weapon, if actually used as one . A pipe wrench is just a wrench unit you swing it as a Weapon. Likewise golf clubs , chainsaws , rock , tree limb, etc .

Various statutes in various places declare certain things inherently weapons. Think switch blades , swords, blackjack, nunchaka , etc

 

[Bob A]

Was this one of Wolfwood's cases?

 

[Inigoes]

Was this one of Wolfwood's cases?

It looks like it from 2019. Your memory is better than mine

The case was buried in a Rhode Island taser thread

Rhode Island Taser Case Filed

This is the last castle friends. Rhode Island is the last state with a taser ban. We just filed a challenge to it. https://www.scribd.com/document/436400715/O-Neil-v-Neronha-Rhode-Island-Taser

www.mdshooters.com

 

[delaware_export]

Annnnnddddd

hawaii is pizzed off with losing and has filed for cert for 9th circus en banc ! Give’m hell @wolfwood

https://x.com/gunpolicy/status/1704602291876114836#m

 

[MigraineMan]

From the en banc petition:

The panel [...] misread the Supreme Court’s opinion in New York State Rifle & Pistol Association v. Bruen, 142 S. Ct. 2111 (2022), in two fundamental ways. First, the panel held that anything capable of being used as a weapon is “presumptively” protected under the Second Amendment, erroneously relieving Plaintiffs of their burden to prove that their desired weapons are protected by the Second Amendment.

Uhm, no. I don't have to prove that my favorite rock is is a "protected arm" under the 2nd Amendment. The government has to prove why it's not.

Those holdings squarely conflict with Bruen and this Court’s opinion in United States v. Alaniz, 69 F.4th 1124 (9th Cir. 2023), both of which recognize that plaintiffs must first make a “threshold” showing that “the weapon at issue is ‘in common use today for self-defense.’

"Why are butterfly knives not in common use in Hawaii?"
"Because the State unconstitutionally prohibits their sale or possession."

This request should get tossed after reading just the first section.

 

[Blacksmith101]

The 2nd Amendment does not care how many butterfly knives are in Hawaii because the 2nd applies to the whole country. 200,000 stun guns were enough to be in common use in Caetano v Massachusetts. And Heller said “the Second Amendment extends, prima facie, to all instruments that constitute bearable arms, even those that were not in existence at the time of the founding,”. Sounds like butterfly knives are covered to me.
(emphasis added)
Link

CAETANO v. MASSACHUSETTS

www.law.cornell.edu

 

[Fushigi Ojisan]

In NYC you can rock some 'chucks

New Yorkers Can Now Legally Nunchuck

A 1974 ban on chuka sticks has been lifted, and you may now use nunchucks at your leisure.

gothamist.com

Sent from my SM-T733 using Tapatalk

 

[teratos]

Why would the State put this much energy (and tax money) into keeping butterfly knives illegal?

 

[Doctor_M]

Because that is what petty tyrants do.

 

[teratos]

Because that is what petty tyrants do.

It’s fiscally irresponsible. So stupid.

 

[linkstate]

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.

 

[Inigoes]

It’s fiscally irresponsible. So stupid.

When ever has Democrat run governments been fiscally responsible?

 

[CrueChief]

When ever has Democrat run governments been fiscally responsible?

I believe the year was 18##.