Boston Criminal Defense Lawyer Blog
In recent years, the United States Supreme Court has expanded the protections of the Second Amendment, which guarantees the right to bear arms. Traditionally, this amendment was most often associated with firearms, but these protections have extended beyond guns. In a significant development, the Massachusetts Supreme Judicial Court recently addressed a case that challenged a long-standing law prohibiting the possession of switchblade knives. This case highlights how the interpretation of the Second Amendment continues to evolve, potentially affecting how Massachusetts law views other weapons.
The case began when a man was arrested following an altercation with his girlfriend in Boston. Police were called to the scene and, during a search incident to arrest, discovered a switchblade knife on the defendant. Under Massachusetts law, possession of such a knife was illegal, and he was charged with carrying a dangerous weapon. However, rather than simply accepting the charge, the defendant decided to challenge the constitutionality of the law itself. His legal team argued that the law banning switchblades violated his Second Amendment rights, especially in light of recent Supreme Court rulings.
The argument hinged on whether a switchblade knife could be considered an “arm” protected under the Second Amendment. While the common understanding of the Second Amendment has long focused on firearms, recent rulings by the Supreme Court have broadened this definition to include other bearable arms, emphasizing the inherent right of self-defense. The defendant’s position was that switchblades, which are a type of folding knife, have been used historically for lawful purposes, including self-defense, and should be included within the scope of the Second Amendment.