Self-Defense

J.D. Tuccille | 9.2.2024 7:00 AM

The Second Amendment to the United States Constitution undisputedly protects the individual right to own and carry firearms for self-defense, sport, and other uses. But the amendment actually says nothing about guns; it refers to "the right of the people to keep and bear Arms," of which firearms are just one example of what dictionaries define as "a means (such as a weapon) of offense or defense." In Massachusetts, last week, that resulted in a decision by the state's highest court striking down a law against switchblade knives.

"We conclude switchblades are not 'dangerous and unusual' weapons falling outside the protection of the Second Amendment," wrote Justice Serge Georges Jr. for the court in an opinion in Commonwealth v. Canjura that drew heavily on two landmark U.S. Supreme Court cases: Bruen (2022) and Heller (2008). The decision found the state's ban on switchblade knives unconstitutional and dismissed charges against the defendant.

The case involved a 2020 dispute between David E. Canjura and his girlfriend, during which Boston police officers found a switchblade knife on Canjura while searching him. As is often noted, "everything is illegal in Massachusetts" and "a switch knife, or any knife having an automatic spring release device" is only one of a long list of weapons proscribed under state law. Canjura was accordingly charged.

Such absolute prohibitions on arms aren't permitted in the wake of the Heller decision, so Canjura and his public defender, Kaitlyn........

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