Federal appeals court rules Switchblade Act's ban on interstate switchblade sales violates the Second Amendment

As of 8:10 a.m. ET, Thursday, Oct. 22, 2026

The U.S. Court of Appeals for the Fifth Circuit ruled Wednesday that the section of the Federal Switchblade Act barring the introduction, manufacture, transportation and distribution of switchblade knives in interstate commerce violates the Second Amendment.

"Applying the framework articulated in New York State Rifle & Pistol Association, Inc. v. Bruen, we hold that the FSA is unconstitutional," Chief Judge Jennifer Walker Elrod wrote for a panel that included Circuit Judges Willett and Wilson. "We determine that switchblade knives qualify as 'Arms' and are covered by the 'plain text' of the Second Amendment."

The court reversed a district court's dismissal of the challenge to that section, 15 U.S.C. § 1242, and affirmed the dismissal of a facial challenge to § 1243, which bars switchblades in U.S. territories, Indian country and federal enclaves. It sent the case back to the Northern District of Texas for further proceedings.

The court's reasoning

The panel wrote that switchblades are "arms" "in common use" both then and now, pointing to a record showing "millions" of automatically opening knives in the United States. It said the right to keep and bear arms implies the right to acquire them, and therefore to manufacture, transport and distribute them.

The government argued there was a tradition of regulating "inherently concealable weapons." The court said that went to the "why" of the law, and that the government "makes little argument as to the 'how.'" Of nearly 200 pre-1900 statutes cited in a law review article the government relied on, the court said only two regulated bladed weapons in a way analogous to § 1242. "Two laws out of nearly two hundred bring us into outlier territory," Elrod wrote.

On § 1243, the court said the plaintiffs did not meet the standard for a facial challenge, which requires showing that no set of circumstances exists under which the law would be valid. The government listed applications such as courthouses, federal prisons, embassies and military bases, which the court called plainly constitutional.

The case

The plaintiffs include the advocacy group Knife Rights, two Texas businesses and five individuals. At oral argument, a government lawyer said, "I'm, like, affirmatively telling you we will not, have not, are not disavowing enforcement," according to the opinion. The opinion opens with a description of the switchblade fight in the 1955 film "Rebel Without a Cause" and traces the 1958 law to congressional concern about juvenile delinquency.

What is not known

The opinion does not say whether the government will seek rehearing by the full Fifth Circuit or review by the Supreme Court.