Nearly 70-year-old automatic-knife ban meets its demise in a 5-0 decision.
Massachusetts hasn’t been a haven for arms rights since the shot that was heard around the world, but things are changing in the Bay State.
In a rather shocking 5-0 decision on Aug. 27, the Massachusetts Supreme Court struck the state’s nearly 70-year-old prohibition of the carry of automatic knives with blades greater than 1.5 inches. This is an enormous win for knife rights, given the state is among the most hostile to the carry of any weapon. And, with other recent cases, the decision shows a softening toward the possession and carry of automatic knives.
Canjura Switchblade Case
The Massachusetts ruling stemmed from the arrest of David E. Canjura in 2020 in Boston, in response to an altercation between him and his girlfriend. Upon searching Canjura, police found what they described as an “orange firearm-shaped knife with a spring-assisted blade” or in popular parlance, a switchblade.
Canjura subsequently challenged the constitutionality of the charge, arguing the knife was an arm and was protected under the Second Amendment. The Massachusetts Supreme Court agreed.
Justice Serge Georges Jr. authored the court’s 24-page written decision, drawing heavily upon landmark U.S. Supreme Court decisions of Bruen and Heller. Despite both cases pertaining to the Constitutional rights of possessing and carrying firearms, the opinions have carried over to the lawful possession and carry of other arms.
Pertinent to the Massachusetts ruling was the historic test laid out in the Bruen ruling, which requires historical precedent from when the Constitution was ratified in 1791 to maintain a prohibition on arms. Georges found this sorely lacking in Massachusetts’ ban on carrying switchblades.
Georges wrote in the decision, “Given the long history of folding pocket knives generally and switchblade knives in particular, switchblades constitute “bearable arms” within the protection of the Second Amendment.”
Massachusetts Ban
Like so many switchblade bans, Massachusetts dates back to the time of patent leather jackets and witch-trial-like panic over the supposed corruption of the nation’s youth. The state law was passed in 1957, several years after the publication of the anti-automatic knife article, The Toy that Kills. Despite being cinema classics, Rebel Without A Cause and Blackboard Jungle didn’t help out the switchblade’s reputation.
Massachusetts was a year ahead of the curve in pushing autos to the fringes of society, with the federal government passing the Switchblade Act of 1958. Drawing upon the federal government’s interstate commerce power, it act prohibited the purchase, sale, and trade of automatic knives between all 50 states.
Yeah, But…
Despite a good outcome for knife rights and following other wins for automatic knives nationwide, there are points Massachusetts enthusiasts should be aware of before throwing an auto in their pocket.
The potential stands the case may be appealed and the decision stayed. Furthermore, as pointed out by Knife Rights, there are some wrinkles knife owners to keep in mind to state on the right side of the law still.
- Carry of any double-edged blade—including switchblades—is still prohibited.
- Knife law preemption does not exist in Massachusetts, so cities and counties may have or might pass auto bans (check your local laws).
- The state’s ban on the manufacture and sale of switchblades remains on the books.
Even with these prohibitions, Bay Staters should be pleased with the recent ruling.
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