Today the Supreme Judicial Court (SJC) held that the state’s law prohibiting residents from carrying switchblade knives violates the Second Amendment of the U.S. Constitution:
Since 1957, G. L. c. 269, § 10 (b) (§ 10 [b]), has prohibited people from possessing certain spring-release pocketknives, commonly known as “switchblades.” In this case, we are asked to decide whether § 10 (b)’s prohibition against carrying a switchblade knife violates the Second Amendment to the United States Constitution, considering the United States Supreme Court’s decision in New York State Rifle & Pistol Ass’n v. Bruen, 597 U.S. 1 (2022) (Bruen).1 We conclude it does.
The SJC concludes its 18-page opinion by noting,
Nothing about the physical qualities of switchblades suggests they are uniquely dangerous. A switch-blade is defined as a ‘pocketknife having the blade spring-operated so that pressure on a release catch causes it to fly open…. In a closed position, the blade is restrained by a latch or lock; when the user presses a button, the latch is released, and the blade automatically springs open and typically locks in the open position…The Commonwealth has not presented any evidence as to why a spring operated mechanism that allows users to open switchblades with one hand makes switchblades uniquely dangerous when compared to a broader category of manual folding pocketknives. Certainly, like handguns, switchblade knives are particularly suitable for self-defense because they are readily accessible . . . cannot easily be redirected or wrestled away. . . [are] eas[y] to use . . . [and] can be [held] with one hand while the other hand” uses a phone to summon help. (Citations and quotations omitted.)
The full opinion is attached below.