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2nd Amendment not just for guns
Experts cite Supreme Court in arguing rights to multiple 'arms'
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Now, a new argument prepared by three legal experts goes further, arguing that the Second Amendment’s protection of “arms” includes knives as well.
The document, posted online on the Social Science Research Network, was prepared by David B. Kopel of the Independence Institute and the Sturm College of Law at Denver University; Clayton E. Cramer of the College of Western Idaho; and Joseph Olson of the School of Law at Hamline University.
The analysis finds knives “are among the ‘arms’ protected by the Second Amendment.”
“They easily fit with the Supreme Court’s Heller definition of protected arms, namely that they be usable for self-defense and typically owned by law-abiding citizens for legitimate purposes.”
The legal experts say statutes that ban or impose special restrictions “based on how a knife opens, or on whether an opened knife can be locked open, cannot survive any form of heightened scrutiny analysis.”
“Indeed, many laws regulating knives cannot even survive rational basis scrutiny. As we have previously observed, knives are among the arms that Americans have a right to bear, and their lower lethality relative to handguns means that there is not even a rational basis for laws that regulate carrying knives more restrictively than carrying handguns,” they write.
“In a practical sense, the most frequent way that Americans exercise their Second Amendment rights is by owning and carrying knives. Knife rights are worthy of judicial protection and of further scholarly study.”
Author Kopel explained in a post at “The Volokh Conspiracy”: “The Second Amendment guarantees the right to keep and bear ‘arms’ – not solely ‘firearms.’ While firearms have always been the paradigmatic Second Amendment arm, there are many other types of arms which are protected by the Second Amendment. By far the most common of the other arms are knives.”
Kopel argues that 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.”
Further, he says, 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.”
He insisted 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.”
The research coincides with a move in Congress that could prevent some court cases. The Knife Rights’ Knife Owners’ Protection Act, introduced by Rep. Matt Salmon, R-Ariz., is designed to protect knife owners.
Knife Rights Chairman Doug Ritter said it would “protect law-abiding knife owners traveling throughout the U.S. from the vagaries of restrictive state and local laws.
“As long as possession of the particular knife is legal in the state where the journey starts and ends, and provided the knife is secured … a knife owner would no longer be threatened with arrest simply for traveling from one place to another.”
State laws preempting local restrictions on knifes also recently have been adopted in Alaska and Kansas.
The advocacy group Knife Rights presents details of the case of Zachary Christie at New York’s Downes Elementary.
The report explains the “bright, highly regarded, and well-behaved first grader, was suspended and now faces 45 days in the school district’s reform school for bringing to school his ‘camping utensil’ that includes a knife, fork and spoon.”
“Young Zachary was reported to be so excited about recently joining the Cub Scouts that he wanted to use his camping multi-function tool at lunch,” the report says. “When it fell out of his pocket at school, the sheeple at the school apparently went off the deep end.”
Then there is the case of 17-year-old Eagle Scout Matthew Whalen at Lansingburgh High in upstate New York.
Reports Knife Rights:”His car is stocked with a sleeping bag, water, food and the 2-inch bladed knife, which was given to him by his grandfather, a police chief in a nearby town. After discovering the knife locked in his car, he was suspended … for five days. An additional 15 days was added after a hearing. Now his dreams of attending West Point may be dashed by over-zealous school administrators.”
But the new analysis by Kopel and others explains there may be grounds for challenges to such actions.
“The [Second] Amendment protects ‘arms,’ of which firearms are only one category. Only about half of U.S. households possess a firearm, and many of those households have only one or two firearms. In contrast, almost every household possesses several knives, not including table knives.”
A spokesman for the Second Amendment Foundation said the organization believes knifes are protected by the Second Amendment.
He said that at the Second Amendment was written, daggers, swords and hatchets would have been considered “arms.”
The analysis addresses bayonets, folding knifes, butterfly knifes and Bowies, pointing out that in some places in America folding knifes are restricted, but only if they lock, while in other locations it’s illegal to carry a fixed-blade knife.
“In the movie Crocodile Dundee (1986), when the hero is threatened by a New York City criminal with a switchblade, he says, ‘That’s not a knife’ and then pulls out a much larger blade and says, ‘That’s a knife!’ Defining the different types of knives is a necessary first step because so much of the history of laws regulating knives is built around distinguishing which types of knives were regulated. Even so, the definition of many knife terms, as used in legislation and common parlance, is very unclear,” the analysis explains.
The authors say many state and local regulations distinguish between fixed blade knives and folding knives, “possibly because of the misguided assumption that a fixed blade knife is a weapon whereas a folding knife is just a tool.”
“Of course, many utility knives, such as those used for linoleum installation and wood veneering, are fixed blade, as are many sportsmen’s knives and virtually all kitchen cutlery,” they point out.
The note that some folding-knife laws make further distinction between knives that lock open and those that do not.
Some statutes put folding knives that lock in the same category as fixed blade knives.
“Legislators may think that a locking, folding knife can be used as a weapon, whereas a folding knife that does not lock is a tool,” they write. “The reason for this view is simplistic: a locking knife will not close on your hand when it meets resistance in a fight.
“While this is true, a locking knife also will not close on your hand when it meets resistance when used as a tool,” the analysis says. “The lock prevents the blade from closing on your fingers; this is equally important when roofing a house and when fighting for your life. The distinction between folding knives that lock and those that do not is therefore not a sound basis upon which to make distinctions of what is a weapon and what is a tool.”
Several states outlaw carrying a “Bowie knife” without defining the term, they point out.
“Thus, today’s citizens who are subject to Bowie knife laws have no way of knowing whether they are forbidden to carry a straight knife that closely matches Rezin Bowie’s design or the curved knives that are commonly called ‘Bowie knives.’
“The state’s definition may even include a knife that is neither, but has the words ‘Bowie Knife’ written on it,” they say.
“The chilling effect of this vagueness is obvious.”
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Note: Read our discussion guidelines before commenting.
Read more at http://www.wnd.com/2013/11/2nd-amendment-not-just-for-guns/#HK1ZkXq8xjj8QqSC.99
WND EXCLUSIVE
2nd Amendment not just for guns
Experts cite Supreme Court in arguing rights to multiple 'arms'
- Text smaller
- Text bigger
Now, a new argument prepared by three legal experts goes further, arguing that the Second Amendment’s protection of “arms” includes knives as well.
The document, posted online on the Social Science Research Network, was prepared by David B. Kopel of the Independence Institute and the Sturm College of Law at Denver University; Clayton E. Cramer of the College of Western Idaho; and Joseph Olson of the School of Law at Hamline University.
The analysis finds knives “are among the ‘arms’ protected by the Second Amendment.”
“They easily fit with the Supreme Court’s Heller definition of protected arms, namely that they be usable for self-defense and typically owned by law-abiding citizens for legitimate purposes.”
The legal experts say statutes that ban or impose special restrictions “based on how a knife opens, or on whether an opened knife can be locked open, cannot survive any form of heightened scrutiny analysis.”
“Indeed, many laws regulating knives cannot even survive rational basis scrutiny. As we have previously observed, knives are among the arms that Americans have a right to bear, and their lower lethality relative to handguns means that there is not even a rational basis for laws that regulate carrying knives more restrictively than carrying handguns,” they write.
“In a practical sense, the most frequent way that Americans exercise their Second Amendment rights is by owning and carrying knives. Knife rights are worthy of judicial protection and of further scholarly study.”
Author Kopel explained in a post at “The Volokh Conspiracy”: “The Second Amendment guarantees the right to keep and bear ‘arms’ – not solely ‘firearms.’ While firearms have always been the paradigmatic Second Amendment arm, there are many other types of arms which are protected by the Second Amendment. By far the most common of the other arms are knives.”
Kopel argues that 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.”
Further, he says, 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.”
He insisted 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.”
The research coincides with a move in Congress that could prevent some court cases. The Knife Rights’ Knife Owners’ Protection Act, introduced by Rep. Matt Salmon, R-Ariz., is designed to protect knife owners.
Knife Rights Chairman Doug Ritter said it would “protect law-abiding knife owners traveling throughout the U.S. from the vagaries of restrictive state and local laws.
“As long as possession of the particular knife is legal in the state where the journey starts and ends, and provided the knife is secured … a knife owner would no longer be threatened with arrest simply for traveling from one place to another.”
State laws preempting local restrictions on knifes also recently have been adopted in Alaska and Kansas.
The advocacy group Knife Rights presents details of the case of Zachary Christie at New York’s Downes Elementary.
The report explains the “bright, highly regarded, and well-behaved first grader, was suspended and now faces 45 days in the school district’s reform school for bringing to school his ‘camping utensil’ that includes a knife, fork and spoon.”
“Young Zachary was reported to be so excited about recently joining the Cub Scouts that he wanted to use his camping multi-function tool at lunch,” the report says. “When it fell out of his pocket at school, the sheeple at the school apparently went off the deep end.”
Then there is the case of 17-year-old Eagle Scout Matthew Whalen at Lansingburgh High in upstate New York.
Reports Knife Rights:”His car is stocked with a sleeping bag, water, food and the 2-inch bladed knife, which was given to him by his grandfather, a police chief in a nearby town. After discovering the knife locked in his car, he was suspended … for five days. An additional 15 days was added after a hearing. Now his dreams of attending West Point may be dashed by over-zealous school administrators.”
But the new analysis by Kopel and others explains there may be grounds for challenges to such actions.
“The [Second] Amendment protects ‘arms,’ of which firearms are only one category. Only about half of U.S. households possess a firearm, and many of those households have only one or two firearms. In contrast, almost every household possesses several knives, not including table knives.”
A spokesman for the Second Amendment Foundation said the organization believes knifes are protected by the Second Amendment.
He said that at the Second Amendment was written, daggers, swords and hatchets would have been considered “arms.”
The analysis addresses bayonets, folding knifes, butterfly knifes and Bowies, pointing out that in some places in America folding knifes are restricted, but only if they lock, while in other locations it’s illegal to carry a fixed-blade knife.
“In the movie Crocodile Dundee (1986), when the hero is threatened by a New York City criminal with a switchblade, he says, ‘That’s not a knife’ and then pulls out a much larger blade and says, ‘That’s a knife!’ Defining the different types of knives is a necessary first step because so much of the history of laws regulating knives is built around distinguishing which types of knives were regulated. Even so, the definition of many knife terms, as used in legislation and common parlance, is very unclear,” the analysis explains.
The authors say many state and local regulations distinguish between fixed blade knives and folding knives, “possibly because of the misguided assumption that a fixed blade knife is a weapon whereas a folding knife is just a tool.”
“Of course, many utility knives, such as those used for linoleum installation and wood veneering, are fixed blade, as are many sportsmen’s knives and virtually all kitchen cutlery,” they point out.
The note that some folding-knife laws make further distinction between knives that lock open and those that do not.
Some statutes put folding knives that lock in the same category as fixed blade knives.
“Legislators may think that a locking, folding knife can be used as a weapon, whereas a folding knife that does not lock is a tool,” they write. “The reason for this view is simplistic: a locking knife will not close on your hand when it meets resistance in a fight.
“While this is true, a locking knife also will not close on your hand when it meets resistance when used as a tool,” the analysis says. “The lock prevents the blade from closing on your fingers; this is equally important when roofing a house and when fighting for your life. The distinction between folding knives that lock and those that do not is therefore not a sound basis upon which to make distinctions of what is a weapon and what is a tool.”
Several states outlaw carrying a “Bowie knife” without defining the term, they point out.
“Thus, today’s citizens who are subject to Bowie knife laws have no way of knowing whether they are forbidden to carry a straight knife that closely matches Rezin Bowie’s design or the curved knives that are commonly called ‘Bowie knives.’
“The state’s definition may even include a knife that is neither, but has the words ‘Bowie Knife’ written on it,” they say.
“The chilling effect of this vagueness is obvious.”
- Text smaller
- Text bigger
Note: Read our discussion guidelines before commenting.
Read more at http://www.wnd.com/2013/11/2nd-amendment-not-just-for-guns/#HK1ZkXq8xjj8QqSC.99
Well now... It's not just one silly old, disabled combat Vet [whom you might consider a bit whacky], sick with dementia, or simple in the head.... duh... lol. The following short piece is from a well known and respected Christian scholar/ writer !! Ha! 'A prophet is never listened to in his own village or town,' saith the Lord. It's not that we are looking for the lime light or the glory, but in my own circles I AM respected and listened to. My highest, most honorable wish, dream, hoped for request, is: a simple, humble place in HEAVEN ! The alternatives are just too horrible to contemplate, brothers and sisters. Hell yawneth eternal and hath no bottom, sides, height, from all my years of study, and once you are there, you can NEVER get out ! Hummmmm, that sounds kind of final, huh? Nasty business, boys and girls, and the nasty ole devil wants us to think that hell doesn't even exist! I am thinking that now days, MOST of the college professors teach that God, and the KJV Bible are nothing more than a myth, and students come back home, even if they were raised in a 'Christian home'--- as Unbelievers, atheists, and agnostics, or New Agers, etc. So, the big question, "IF" a person was REALLY "SAVED" before he/ she went away to be 'educated', God will find and bring him/ her, back to the fold... because, "No one can ever pluck them out of His hand." OSAS = "ONCE SAVED -- ALWAYS SAVED." But, if that same person was never really Saved, and committed to Jesus Christ at all, ever, then the chances are that they might be lost forever.... and the time is getting so near. For WE real, studied Christians, the Bible events fore told, are rolling out right in front of our eyes every day, on the news and papers !!
And no matter what new mountain of lies the TV talking heads or the "Liar and Occupant in Chief" says, the Stats don't lie, as we are perhaps inches away from a fatal, economic failure/ and break down.
Some people 'close to me' had held me in derision and laughed at my expenditure of money in Prepping, for what I thought we could afford, and only just the basics. Rice and Beans might make for some very boring meals, especially if one is not used to using herbs and spices... lol. Even in the so-called Christian community, we have many ridiculers and mockers of the Word, etc.
Even booze can be used to cleanse cuts and wounds, or rubbed on the bruises on the back, etc. But I am very sure that I gave that 'dog water' up, for good.
And I also felt good when the pastor "chucked me on the shoulder" while in church on Wednesday night at the short prayer meeting, when a new guy was reading from a new large print KJV bible that I just donated to the church. IMHO, that was a great, shrewd, investment !!
No one, in his right mind enjoys mistreatment, hunger, torture, or insults. But if a person had the proper Faith in the Bible, and the Lord Jesus Christ, in the grand promises that are about to come, shortly, he / she could, and would endure these harsh things, and times. Too, as the venerable, Bill Wilson, says, we may still have a CHOICE, and chance, how we are governed in this country, the USA !! Cut off the head of the monster, and the body will die [or be executed or imprisoned along with his evil cohorts...], and elect righteous CHRISTIAN MEN to lead and rule in a Democratic REPUBLIC, until the God-directed end comes, and we might be cushioned in our inevitable fall. Things just MIGHT NOT BE SO harsh and violent for us... and that would be worth the effort, dear friends. Not to prolong the wickedness on Earth, but to make the landing less destructive, and also to draw more people into the circle of God and heaven, IF THAT IS WHAT GOD WANTS.
I lived next to Lake Michigan, in Kenosha, WI., USA, for many years while working at AMC/ Chrysler, and I know that even in July, the middle of that Lake is cold enough to kill a man in just minutes! And the width is so great that no one could swim across it.... as it's not like the English Channel. So when even an Olympic champion swimmer goes to swim in that large fresh water lake, he KNOWS that at some point, he must turn back -- or die ! The same thing is now before us --- in our National economy, purposely put there by a group of NEW WORLD ORDER people with power and riches, total unbelievers in the Holy God of the KJV Bible ! And to think that most power hungry men in time, like A. Hitler, first wrote a book or 'blue print' about their strategy, and then set out to do it. The occupant of the WH did lie about some things, but he clearly told Americans what he planned to do, that he was FOR: abortion, Socialism, the Gay agenda, and had the most far Left voting record as a 'Senator !' Many people who did vote for him LIKE and ENJOY the care free existence of living on Welfare, Food Stamps, never working, where ever they live. That HALF of Americans do not work, but allow the other half of America to work hard to support them! And now, any 5th grader can figure out that this system of evil, and laziness, fraud, welfare, cannot last much longer!! Still, many WILL milk the system until the last days that it exists, and then roam like animals to take and steal goods, food, liquor and worthless money from those that have worked. But the other half of 49% say, "NO! Not on my watch!" And Obama calls WE the PEOPLE, honorable combat Veterans, Christians, and lovers of the U.S. Constitution and the KJV Bible the enemies of the State !!! We pay the taxes and support the lazy, worthless, greedy, fakers and frauds who are sponging off the system, the ones he wants to put into the FEMA camps, to rot and die, as America's enemies, traitors, and TERRORISTS !! And just where does he think that he and his family will sneak off to ??
And we just heard that Obama is now bringing armored Tank units home from Germany with which to kill Americans! And if our returning Soldiers won't carry out Obama's wicked orders, he will use Russian and Chinese troops to do his bidding!
Are we finally ready for a change? Or do we want to wait until Obama get too strong, and harder to take down.... which means that more GOOD people will have to die?
Comments, for those who can figure out how to access the "Comments" section, like everyone else's blog site.
Be warned: FaceBook screens and strains my blog posts now days, and people cannot down load my humble blog from that site... and the Big Brother has got his sticky, stinky fingers in there too. I think that the next strep for 'we the people' is to get and buy HAM radios, CB radios, and learn to write snail mail letters... so you all ought to collect written address books now too. That is next for me to do too. I don't have a lot of money left now either.
Please pray for my Vietnam Vet, friend, "George, the Aviator," -- as he just took a bad spill/ fall and broke his foot, and leg, and had to have surgery the other day. He lives in the hot, sweaty state of LA. He requests that we don't spread his call name around, or his 10/ 20.
Warm Regards,
Tom Schuckman
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