Maryland Attorney General Brown Joins Brief in Defense of Hawaii’s Ban on Butterfly Knives; Urges Ninth Circuit to Rehear Panel Decision Invalidating the Ban

Per the Maryland Attorney General’s Office: Maryland Attorney General Anthony G. Brown joined a multistate coalition of 17 Attorneys General in support of Hawaii’s request to the Ninth Circuit to rehear an appeal defending Hawaii’s ban on butterfly knives. The petition seeks en banc or panel rehearing of a decision, issued in Teter v. Lopez on August 7, 2023, that invalidated Hawaii’s butterfly knife ban under the Second Amendment. In its amicus brief, the coalition argues that the panel’s application of the Supreme Court’s decision in New York State Rifle & Pistol Association, Inc. v. Bruen was inconsistent with the approach taken in other Second Amendment cases.

In Hawaii, it is a misdemeanor to manufacture, sell, transport, or possess a butterfly knife, which is a type of knife where a split handle can fully encase the blade and rotate open to expose it. In 2019, plaintiffs filed a lawsuit challenging the law, claiming it violated the Second Amendment. The district court granted Hawaii’s motion for summary judgment, and the plaintiffs appealed to the Ninth Circuit. After the Supreme Court issued the Bruen decision in June 2022, the Ninth Circuit heard oral argument in Teter and ultimately vacated the district court’s decision.

“The Bruen decision had a major impact on the way courts consider challenges to weapons safety laws under the Second Amendment, and it should be applied in a manner that leaves room for states to enact common-sense weapons laws,” said Attorney General Brown. “Protecting Marylanders from harm is a top priority for this office, and we will continue to defend state laws that enact those protections.”
In addressing the panel decision’s errors, the brief:
• Provides examples of the extensive historical analysis typically conducted in post-Bruen cases; and
• Identifies how the panel’s legal errors are inconsistent with Bruen, including its discussion about the plain meaning of the term “arms” and its misguided approach to the historical analysis.

In filing the brief, Attorney General Brown joins the Attorneys General of California, Arizona, Colorado, Connecticut, Delaware, the District of Columbia, Illinois, Massachusetts, Michigan, Minnesota, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, and Washington