Applying the Second Amendment to knives as arms and the groundbreaking Heller U.S. Supreme Court decision, the Wisconsin Court of Appeals reversed a lower court decision that it was illegal for someone to possess a switchblade (automatic) knife in their home.
The court concluded that the Second Amendment protects knives as well as guns, one of Knife Rights’ foundational principles.As such, this decision, albeit narrow as was required by Wisconsin law, held that at least with regards to switchblades at home, Wisconsin’s ban is unconstitutional. Knife Rights believes such bans are entirely unconstitutional. Having said that, Knife Rights Wisconsin Knife Law Reform bill, AB 142 would remove this prohibition altogether, as well as enact Knife Law Preemption, resolving the issue entirely. AB 142 has passed the House and awaits a vote in the Senate.
The case arose when Cory Herrmann, the defendant, was injured in his home. Showing his switchblade knife to a friend, Herrmann dropped the knife and cut his femoral artery. After 911 was called, officers responding to the scene seized the switchblade and subsequently Herrmann was charged with illegal possession.