Hawaii Butterfly Knife Ban Violates Second Amendment, Court Says

Prospective knife owners convinced the Ninth Circuit to overturn a decision that upheld Hawaii’s butterfly knife ban as in compliance with their right to keep and bear arms.

The US Court of Appeals for the Ninth Circuit on Monday reversed summary judgment favoring state officials, and instructed the lower court to continue proceedings in compliance with its determination that butterfly knifes are protected by the Second Amendment.

A butterfly knife, whose blade is encased in a split handle that manually unfolds, is commonly owned for law-abiding purposes, Judge Carlos T. Bea said.

“Aside from these conclusory legislative statements, Hawaii has submitted no evidence that butterfly knives are not typically possessed by law-abiding citizens for self-defense,” Bea said.

State officials said the ban was analogous to statutes dating back to 1837, which regulated bladed weapons like Bowie knives, “Arkansas Toothpicks,” metal knuckles, sword-canes, and other weapons. But the panel disagreed, pointing out that Hawaii hadn’t cited any statute which “categorically banned the possession of any type of pocketknife.”

Hawaii first criminalized carrying a butterfly knife in 1993, and today bans their manufacture, sale, and possession in the state.

Alan A. Beck of San Diego and Stephen D. Stamboulieh of Olive Branch, Miss., represents the plaintiffs. The Office of the Attorney General Hawaii represents the officials.

The Hawaii Firearms Coalition, Mountain States Legal Foundation, San Diego County Gun Owners Political Action Committee, Firearms Policy Coalition, and Knife Rights Foundation Inc. filed amicus briefs in opposition to the rule. Everytown for Gun Safety filed an amicus brief in support of the rule.

Everytown for Gun Safety, which advocates gun-safety measures, is backed by Michael Bloomberg. Bloomberg Law is operated by entities controlled by Michael Bloomberg.

The case is Teter v. Lopez, 9th Cir., No. 20-15948, 8/7/23.