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I was arrested and charged with carrying a 4-inch switchblade knife in Indiana. Can I argue that this violates my right to bear arms?
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Under Indiana law, an individual who manufactures, displays, offers, possesses, purchases, gives away, lends or sells any knife with a blade is guilty of a class B misdemeanor if the knife (1) may be propelled by a device containing a spring, gas or other mechanism in the handle of a knife or 2) opens automatically.
Although individuals have the right to bear arms to defend themselves and the state, Indiana's Constitution also recognizes the state's right to promote the public's safety, health, safety, welfare and comfort. Courts have found it rational to prohibit switchblade knives because they pose a greater danger than ordinary knives because they are more suitable for criminal use and easier to conceal.
Indiana courts do not consider that switchblades are typically carried by law-abiding individuals for purposes of self-defense. The prohibition against them also does not materially burden the defendant's right to defend himself or herself.
You will likely be charged with illegal possession of a weapon or carrying a concealed weapon.
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