COA: Switchblade ban not unconstitutional

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A portion of Indiana Code that prohibits a person from owning a switchblade isn't unconstitutional as applied to a defendant and doesn't place a material burden upon the core value of the right to defend herself, the Indiana Court of Appeals ruled today.

At issue in April Lacy v. State of Indiana, No. 31A04-0810-CR-571, is whether Indiana Code Section 35-47-5-2, which defines the crime of possession of a knife with an automatic opening blade, is unconstitutional.

Lacy argued the code is unconstitutional on its face and as applied to her, and violates her right to bear arms under Article 1, Section 32 of the Indiana Constitution. The Court of Appeals passed over Lacy's argument the code is unconstitutional on its face and instead focused on whether its application in her case was unconstitutional.

Indiana courts have already held the right to bear arms is not absolute, but the state hasn't addressed the constitutionality of a statute that prohibits a specific arm. The statute in question here doesn't completely ban a class of weapons but bans only knives that automatically open or may be propelled by a device.

The Court of Appeals didn't agree with Lacy that the Oregon Supreme Court case State v. Delgado, 298 Or. 395 692 P.2d 610 (1984), was persuasive for her argument.

"In summary, we cannot say that switchblades are typically possessed by law-abiding citizens for self defense purposes. We also conclude that Ind. Code Section 35-47-5-2 is limited because it does not prohibit the possession of all knives but only knives that open automatically or 'may be propelled ... by hand pressure applied to a button, device containing gas, spring, or other device in the handle of the knife,'" wrote Judge Elaine Brown. "Based upon these conclusions, we hold that Ind. Code Section 35-47-5-2 does not place a material burden upon the core value of Lacy's right to defend herself."


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  1. So the prosecutor made an error and the defendants get a full remedy. Just one short paragraph to undo the harm of the erroneous prosecution. Wow. Just wow.

  2. Wake up!!!! Lawyers are useless!! it makes no difference in any way to speak about what is important!! Just dont tell your plans to the "SELFRIGHTEOUS ARROGANT JERKS!! WHO THINK THEY ARE BETTER THAN ANOTHER MAN/WOMAN!!!!!!

  3. Looks like you dont understand Democracy, Civilized Society does not cut a thiefs hands off, becouse now he cant steal or write or feed himself or learn !!! You deserve to be over punished, Many men are mistreated hurt in many ways before a breaking point happens! grow up !!!

  4. It was all that kept us from tyranny. So sad that so few among the elite cared enough to guard the sacred trust. Nobody has a more sacred obligation to obey the law than those who make the law. Sophocles No man is above the law and no man is below it; nor do we ask any man's permission when we ask him to obey it. Obedience to the law is demanded as a right; not asked as a favor. Theodore Roosevelt That was the ideal ... here is the Hoosier reality: The King can do no wrong. Legal maxim From the Latin 'Rex non potest peccare'. When the President does it, that means that it is not illegal. Richard Nixon

  5. So men who think they are girls at heart can use the lady's potty? Usually the longer line is for the women's loo, so, the ladies may be the ones to experience temporary gender dysphoria, who knows? Is it ok to joke about his or is that hate? I may need a brainwash too, hey! I may just object to my own comment, later, if I get myself properly "oriented"