Knife Nation

U. Michigan Law Review Publishes Kopel Article On Knives And The Second Amendment

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The University of Michigan Journal of Law Reform has just published David Kopel’s groundbreaking scholarly treatise on knives and the Second Amendment. Kopel, with co-authors Clayton Cramer and Joseph Olson, argues that the Second Amendment applies equally forcefully to knives and edged weapons as to firearms.

Kopel’s argument has been circulating for months, but its actual publication in a scholarly journal is a significant milestone. While anyone can write or bloviate about their legal theories, it’s quite another matter to have a whole team of overachieving law students examine every one of your factual references and legal conclusions under a microscope.

This article is bound to be important, because this stringent scholarly review gives it serious credibility in the legal world. Judges don’t automatically give much credence to activists like Knife Rights or bloggers like me, but published law review treatises are routinely quoted by attorneys in their legal arguments. Even more importantly, they’re frequently cited by appellate courts in their written decisions.

Knife Rights will no doubt use Kopel’s treatise in their ongoing efforts to roll back idiotic knife laws in the legislatures of the fifty states, and individual litigants will now have a fact-checked resource as they fight misguided prosecutions in the courts.

None of us know where the edged-weapon equivalent of Heller v. District of Columbia will come from, but Kopel’s work will play a huge role in its outcome. Kopel’s article can be read or downloaded in its entirety at Knife Rights.

 

Discussion

11 responses to ‘U. Michigan Law Review Publishes Kopel Article On Knives And The Second Amendment

  1. Knife rights should seriously consider looking at the Maryland state legislature. One, soon to be elected, state senator has publicly disowned any notion of a zero tolerance policy as being an effective deterrent to anything. And that guy happens to be a teacher with some first hand knowledge.

  2. It just warms me all over when civil rights advocates
    argue for the individual and the challenge stand up
    to legal review. It’s also quite nice when someone
    can openly discuss the failings of so many state’s
    laws.

    Furthermore, the reference to Crocodile Dundee
    is great; using it as the opening of a foundational
    argument over definitions is just awesome.

  3. I would love to see local knife laws tumble. They are so convoluted and inconsistent–as documented on this blog–to warrant wholesale abandonment. Is it really fair that NYC can arrest people for pocket knives? that police can use extraordinary inertial force to prove that an unassisted opening knife is really a “gravity knife” solely for the purpose of a criminal conviction–and then having a judge buy the argument? And why does LA get to ban fixed bladed knives and swords that are perfectly legal under state law? Hey, if God Forbid I should get in a knife fight, I want mine to have at least a 20″ blade! [by which I refer to the US Army artillery short sword, modeled after the Gladius. Much easier to lug about than a full length Katana (usually 28″) or a saber (35-36″)]

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