9th Circuit Upholds California Ban on Switchblades

Ruling affirms San Diego judge's prior decision that the state's switchblade prohibition is constitutional.

Jan. 30, 2026 at 7:15pm

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The 9th U.S. Circuit Court of Appeals has unanimously upheld California's ban on switchblade knives, affirming a previous ruling by a San Diego judge that the law is constitutional. The court's decision rejects a challenge brought by Knife Rights and other plaintiffs, who argued the ban violates the Second Amendment.

Why it matters

California is one of the last remaining states that still prohibits the possession and carrying of automatically opening knives, known as switchblades. The 9th Circuit's ruling preserves this longstanding law, which was originally enacted due to concerns about switchblades being associated with street gangs and viewed as particularly dangerous weapons.

The details

The 9th Circuit panel ruled that while the court did not need to decide whether switchblades are protected under the Second Amendment, California's ban on the concealed carry of such knives in public places is constitutional based on historical laws restricting similar bladed weapons dating back to the 1830s. The judges determined that switchblades pose similar public safety concerns as Bowie knives and other prohibited weapons.

  • The 9th Circuit panel issued its ruling on January 30, 2026.
  • A San Diego judge had previously ruled in August 2024 that California's switchblade ban is constitutional.

The players

Knife Rights

An organization that, along with other plaintiffs, challenged California's switchblade ban in court.

John Dillon

The attorney representing Knife Rights and the other plaintiffs in the case.

Rob Bonta

The California Attorney General whose office defended the state's switchblade law.

Kim McLane Wardlaw

The 9th Circuit judge who authored the opinion upholding the switchblade ban.

Ronald Gould

One of the 9th Circuit judges on the panel that ruled on the case.

Lucy Koh

One of the 9th Circuit judges on the panel that ruled on the case.

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What they’re saying

“The Ninth Circuit's decision today is disappointing and contrary to the plain text of the Second Amendment and the clear guidance provided by the Supreme Court.”

— John Dillon, Attorney for Knife Rights (San Diego Union-Tribune)

“Our holding today is narrow: Plaintiffs' facial challenge fails because they cannot establish that California's switchblade regulations are unconstitutional in every one of their applications.”

— Kim McLane Wardlaw, 9th Circuit Judge (San Diego Union-Tribune)

What’s next

The plaintiffs have indicated they will seek further judicial review of the 9th Circuit's decision.

The takeaway

This case highlights the ongoing legal debate over the scope of the Second Amendment and whether certain weapons like switchblades should be considered protected 'arms.' The 9th Circuit's ruling preserves California's longstanding ban, but the plaintiffs may continue to challenge the law in court.