
By Ray Hill
Professor Emeritus, Santa Rosa Junior College
Legal Issues and Citation
Facts: Several knife and business owners challenged California’s switchblade statute as a violation of the Second Amendment’s right to keep and bear arms. A switchblade is defined as having a blade two inches or more with a blade that can be released by the flick of a button, pressure on the handle or a flip of the wrist. Possession in a public place, whether on the person or in a vehicle, is a misdemeanor (21510(b) P.C.) There is no “open carry” exception.
Ruling: The 9USCA ruled that California’s statute was valid and consistent with a group of laws prohibiting weapons that have been regulated due to their “dangerous and unusual nature” and potential for violence or crime. Given that the Second Amendment must be interpreted under the historical framework ....