Fifth Circuit Strikes Down Federal Switchblade Ban, Boosting Gun Rights Ahead of Supreme Court AR-15 Hearing

Key points

• The Fifth Circuit ruled that Section 1242 of the Federal Switchblade Act, which bans interstate commerce of switchblades, violates the Second Amendment.
• A federal judge in New York struck down state restrictions on personal body armor, ruling it qualifies as protected 'arms.'
• Both rulings rely on the Bruen text-and-history test, finding that governments failed to show historical justification for these modern restrictions.
• The Supreme Court is set to hear oral arguments in Viramontes v. Cook County, which will determine if AR-15-style rifles are protected under the Second Amendment.
• The Fifth Circuit panel, appointed by Republican presidents, reversed a lower court dismissal, citing a lack of historical analogues to the federal ban.

Background

In September 2026, the Trump administration halted appeals of a ruling that dismantled parts of the National Firearms Act, deregulating silencers and short-barreled rifles. The Supreme Court began its 2026-2027 term on October 5, 2026, with a docket including major challenges to AR-15 bans, climate liability, and immigration policies. The current rulings on switchblades and body armor occur within this broader legal landscape of expanding Second Amendment interpretations.

How outlets are covering it

Fox News emphasizes the strategic impact of these rulings on the upcoming Supreme Court AR-15 case, citing NRA and National Association for Gun Rights officials who view them as precedents for challenging restrictions on magazines and other equipment. Texas Scorecard provides detailed legal analysis, noting the Fifth Circuit’s reliance on the Bruen test and the historical argument that knives have been used for defense since the founding. Mezha.net highlights the political context, noting that all three judges on the Fifth Circuit panel were appointed by Republican presidents, and contrasts the ruling with the Justice Department’s defense of the law as regulating 'dangerous and unusual' weapons. While Fox News focuses on the broader implications for gun rights, Texas Scorecard details the specific legal reasoning and historical evidence, and Mezha.net underscores the partisan composition of the court and the government’s opposition.

Why it matters

These rulings expand the definition of 'arms' under the Second Amendment to include items like switchblades and body armor, potentially setting precedents for future challenges to gun control measures. The outcome in Viramontes v. Cook County could determine whether AR-15-style rifles are protected, influencing the legal landscape for firearms and defensive equipment nationwide. The decisions also highlight the tension between modern regulations and historical interpretations of the Second Amendment, with implications for how courts evaluate new restrictions on weapons and accessories.

What to watch

The Supreme Court will hear oral arguments in Viramontes v. Cook County, which could decide whether AR-15-style rifles are protected under the Second Amendment. The Fifth Circuit’s ruling on the Federal Switchblade Act may face further legal challenges or appeals, though the Justice Department has not immediately responded to the decision. Gun rights advocates may use these rulings to challenge other restrictions on defensive equipment, while opponents may argue that the rulings are outliers or limited in scope. The outcome of the Supreme Court case could influence future legislation and court decisions on gun control and Second Amendment rights.