Abstract

http://ssrn.com/abstract=2238223
 
 

Footnotes (255)



 


 



Knives and the Second Amendment


David B. Kopel


Independence Institute; Denver University - Sturm College of Law

Clayton E. Cramer


College of Western Idaho

Joseph Olson


Hamline University - School of Law

November 21, 2013

University of Michigan Journal of Law Reform, vol. 47, pages 167-215 (Fall 2013)

Abstract:     
This Article is the first scholarly analysis of knives and the Second Amendment. Under the Supreme Court’s standard in District of Columbia v. Heller, knives are Second Amendment “arms” because they are “typically possessed by law-abiding citizens for lawful purposes,” including self-defense.

There is no knife that is more dangerous than a modern handgun; to the contrary, knives are much less dangerous. Therefore, restrictions on carrying handguns set the upper limit for restrictions on carrying knives.

Prohibitions on carrying knives in general, or of particular knives, are unconstitutional. For example, bans of knives that open in a convenient way (e.g., switchblades, gravity knives, and butterfly knives) are unconstitutional. Likewise unconstitutional are bans on folding knives that, after being opened, have a safety lock to prevent inadvertent closure.

Number of Pages in PDF File: 49

Keywords: Knives, Second Amendment, Switchblades

JEL Classification: K14, K42

Accepted Paper Series


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Date posted: March 24, 2013 ; Last revised: November 22, 2013

Suggested Citation

Kopel, David B. and Cramer, Clayton E. and Olson, Joseph, Knives and the Second Amendment (November 21, 2013). University of Michigan Journal of Law Reform, vol. 47, pages 167-215 (Fall 2013). Available at SSRN: http://ssrn.com/abstract=2238223

Contact Information

David B. Kopel (Contact Author)
Independence Institute ( email )
727 East 16th Ave
Denver, CO 80203
United States
303-279-6536 (Phone)
303-279-4176 (Fax)
HOME PAGE: http://www.davekopel.org
Denver University - Sturm College of Law
2255 E. Evans Avenue
Denver, CO 80208
United States
HOME PAGE: http://www.davekopel.org
Clayton E. Cramer
College of Western Idaho ( email )
5500 East Opportunity Drive
Nampa, ID 83687
United States
Joseph Edward Olson
Hamline University - School of Law ( email )
1536 Hewitt Avenue
Saint Paul, MN 55104-1237
United States
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